Foreign Applicants for United States Patents

The patent laws of the United States make no discrimination with respect

to the citizenship of the inventor. Any inventor, regardless of his/her

citizenship, may apply for a patent on the same basis as a U.S. citizen.

There are, however, a number of particular points of special interest to

applicants located in foreign countries.

The application for patent in the United States must be made by the

inventor and the inventor must sign the oath or declaration (with

certain exceptions), differing from the law in many countries where the

signature of the inventor and an oath of inventorship are not necessary.

If the inventor is dead, the application may be made by his/her executor

or administrator, or equivalent, and in the case of mental disability it

may be made by his/her legal representative (guardian).

No United States patent can be obtained if the invention was patented

abroad before applying in the United States by the inventor or his/her

legal representatives or assigns on an application filed more than 12

months before filing in the United States. Six months are allowed in the

case of a design patent.

An application for a patent filed in the United States by any person who

has previously regularly filed an application for a patent for the same

invention in a foreign country which affords similar privileges to

citizens of the United States shall have the same force and effect for

the purpose of overcoming intervening acts of others as if filed in the

United States on the date on which the application for a patent for the

same invention was first filed in such foreign country. This is the

case, provided the application in the United States is filed within 12

months (six months in the case of a design patent) from the earliest

date on which any such foreign application was filed. A copy of the

foreign application certified by the patent office of the country in

which it was filed is required to secure this right of priority.

If any application for patent has been filed in any foreign country by

the applicant or by his/her legal representatives or assigns prior to

his/her application in the United States, the applicant must, in the

oath or declaration accompanying the application, state the country in

which the earliest such application has been filed, giving the date of

filing the application. All applications filed more than a year before

the filing in the United States must also be recited in the oath or

declaration.

An oath or declaration must be made with respect to every application.

When the applicant is in a foreign country the oath or affirmation may

be before any diplomatic or consular officer of the United States, or

before any officer having an official seal and authorized to administer

oaths in the foreign country, whose authority shall be proved by a

certificate of a diplomatic or consular officer of the United States.

The oath is attested in all cases by the proper official seal of the

officer before whom the oath is made.

When the oath is taken before an officer in the country foreign to the

United States, all the application papers (except the drawing) must be

attached together and a ribbon passed one or more times through all the

sheets of the application, and the ends of the ribbons brought together

under the seal before the latter is affixed and impressed, or each sheet

must be impressed with the official seal of the officer before whom the

oath was taken.

If the application is filed by the legal representative (executor,

administrator, etc.) of a deceased inventor, the legal representative

must make the oath or declaration.

When a declaration is used, the ribboning procedure is not necessary,

nor is it necessary to appear before an official in connection with the

making of a declaration.

A foreign applicant may be represented by any patent attorney or agent

who is registered to practice before the United States Patent and

Trademark Office.

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