Apply USA patent from oversea

[richard_zhao]

hi I m novice so please forgive my silly question. I not USA resident, may I personally apply for USA PATENT? If yes, is any difference applying from oversea?

many thanks

[Brad]

In general Yes it is okay. 

However, there are two things to look at here.

1.  Does the US Patent Office allow non-US residents and companies to file patents in the US?  Answer = YES
The USPTO does not care where you live or what your citizenship is.  In fact, about half of all patent applications are filed from people or companies outside of the United States. 

2.  Does you country where you are a citizen allow you to file for patents in the US without getting their approval?  Answer = Maybe
Each country may have their own rules and regulations about filing for patents outside of your home country.  I am not an expert on this so I suggest you contract a patent attorney in your own country first to find out if you are allowed to file patents in the USA or if you need special permission.

[Richard zhao]

it is good to see the answer so quick, really good, thx.

I am Australia citizen and as far as I know there s no such law code forbid people from applying patent oversea. So question 2's answer is yes.

I guess I still need your special advice about applying and I d like to pay for it: Gold Package? what do you think?  if yes, how do I make payment, do you accept bank transfer?
 
Again thx Bradley, I appreciate your time

Best regards
Zhao

[Brad]

Hi,

My preferred method is for you to pay with a credit or debit card directly from my order page here:  https://patentfile.org/packages/


If that does not work, I can accept check or bank transfer but will have to email you the details.

Thanks
Brad

[kintseu]

Hi Brad,
I'm also a foreign citizen, am I eligible to the discount offered for small/micro entities?
Thank you, your website is very useful!
Kintseu

[Brad]

Yes you can file as micro entity.  However, you will have to convert your gross income into USD and make sure that it is less than $150,162 USD.

[richard_zhao]

what is  discount for small/micro entities?

[richard_zhao]

Also I forget to ask: my product includes MCU(one type of programmable microchip) and part of product is programing this MCU, is this eligible for patent?

[Brad]

what is  discount for small/micro entities?

Micro Entities can get 75% off the patent office fees.  You can see if you qualify using this free tool that I made here:
http://microentitycalculator.com/

[Brad]

what is  discount for small/micro entities?

Micro Entities can get 75% off the patent office fees.  You can see if you qualify using this free tool that I made here:
http://microentitycalculator.com/

"programming" or software code is protected by a copyright not patent.  However, if you think that code causes your invention to perform a unique method or process, then those methods or processes that are carried out through software may be filed as a software patent.