Applying for a US patent if you are not a US citizen

[murrmac]

probably been asked a million times before, but are there restrictions of any kind on applying for a US patent if you are not a US citizen?

[Brad]

Hi

The US Patent Office allows citizens and companies from every country to file a patent.  However, some countries have rules that say you have to first get permission from your own country before you can file a patent.  For example, if you are a citizen of Greece you may have to get permission from the Greek government before you can file a patent in the US.  Here is a partial list of countries that have rules like this:

Bulgaria
China
France (?may only apply to defense related inventions?)
Greece (Citizens of Greece)
India (Residents of India)
Italy
Malaysia (Residents of Malaysia)
New Zealand (Residents of New Zealand)
Poland
Portugal
Romania
Russia (Invention took place in Russia)
Singapore (Residents of Singapore)
Spain

[murrmac]

Thanks Brad, interesting info. As a UK citizen I guess I am good to go . . .

[Brad]

It may be best to check with a UK patent attorney to confirm. 

[Irene]

Hi

How about Canadian citizenship? Maybe you know if I can apply for a patent in the US without asking for permission at Canadian CIPO office...

Irene.

[Brad]

Yes.  As far as I know a Canadian citizen can apply directly for a US patent.  There are many good Canadian patent attorneys who are registered with both the US Patent Office and Canadian Patent Office so I would suggest you speak with them to get a firm answer. 

[JasonPT]

According to UPSTO, your citizenship must be provided in the application if you are not a U.S. citizen. And if you have dual citizenship, then you must indicate which citizenship will be printed on the certificate of registration.