Janice Lozano
International students can apply for a patent with the United States Patent and Trademark Office (USPTO) if they are a resident or national of the United States of America. However, there are some restrictions. For instance, to be eligible to take the USPTO exam, an individual must be a US citizen or permanent resident, or have work authorization. An F-1 visa does not qualify an individual to take the exam. Applications can be filed electronically through the USPTO patent electronic filing system, and identity verification is mandatory for USPTO.gov account holders.
| Characteristics | Values |
|---|---|
| Who can file an international application? | At least one of the applicants must be a resident or national of the United States of America. |
| Where to file an international application? | International Bureau, United States Receiving Office, Trademark Electronic Application System (TEAS), Trademark Trial and Appeal Board, Trademark Electronic Application System International (TEASi), Trademark Center, USPTO.gov account. |
| Requirements | Filed electronically through the USPTO patent electronic filing system, by addressing the papers to “Mail Stop PCT” and hand-delivering them to the Office, or by mailing them to the mailing address for delivery by the U.S. Postal Service. |
| Requirements | The filing date and serial number of the U.S. basic application and/or the registration date and registration number of the U.S. basic registration, the name of the international applicant that is identical to the name of the applicant or registrant, the applicant's current address, a statement that the applicant is entitled to file an international application in the USPTO, specifying that the applicant: (i) is a national of the United States; (ii) has a domicile in the United States; or (iii) has a real and effective industrial or commercial establishment in the United States. |
| Requirements | Identity verification is mandatory for USPTO.gov account holders. |
| Requirements | A license from the Commissioner for Patents under 35 U.S.C. 184 is required before filing any application for a patent or for the registration of a utility model, industrial design, or model in a foreign country or in a foreign or international intellectual property authority. |
| Student eligibility | Students can take the USPTO exam if they have a Bachelor's degree in one of the eligible fields. |
| Student eligibility | Students with an F-1 visa are likely not qualified to take the exam. |
| Student eligibility | Students with work authorization (EAD) can appear for the USPTO Bar. |
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What You'll Learn
International application requirements
International applications can be filed electronically through the USPTO patent electronic filing system. International applications and related papers may also be deposited with the United States Receiving Office by addressing the papers to "Mail Stop PCT" and hand-delivering them to the Office. The mailing address for delivery by the U.S. Postal Service is: Mail Stop PCT, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
An international application must include the filing date and serial number of the basic application or the registration date and registration number of the basic registration. The USPTO will not certify the international application if this information is incorrect. Only the owner of the basic application or registration can file an international application. The applicant's name cannot be changed. The international applicant's name must be identical to the name and entity of the applicant or registrant of the basic application or registration.
The international application must also state that the applicant is entitled to file an international application because the applicant:
- Is a national of the U.S.
- Has a domicile in the U.S.
- Has a real and effective industrial or commercial establishment in the U.S.
If the international application is received by the International Bureau (IB) within two months of the USPTO date of receipt, this will become the official date of the international application. If the IB receives the application after two months, the date of the international application will be the date the IB receives the application.
If changes need to be made to the international application, most requests should be filed with the IB. These include:
- Change in ownership of the registration
- Change of holder's name and address
- Change of name or address of the holder's attorney or representative
- Limitation, renunciation, or cancellation of the international registration
An international application filed with, or forwarded to, the IB must have a foreign filing license unless:
- The invention was not made in the United States
- A U.S. national application on the invention was filed at least six months prior to the filing of the international application, the U.S. national application is not subject to a secrecy order, and the international application does not contain modifications, amendments, or supplements changing the general nature of the invention.
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$240.59 $260
Student visa eligibility
International students are required to obtain a student visa to study in the United States. The most common types of student visas are F-1 and M-1. F-1 visas are intended for full-time international students pursuing academic studies, while M-1 visas are meant for those engaged in vocational studies. Additionally, the J-1 exchange visitor visa is designed for foreign nationals participating in work-and-study exchange programs, such as visiting scholars, camp counselors, au pairs, or research assistants.
To obtain an F-1 or M-1 visa, international students must enrol in courses and attend schools certified by the Student and Exchange Visitor Program (SEVP). These visas may also permit students to work on-campus or in jobs directly related to their field of study. However, work authorisation is generally limited to 20 hours per week when school is in session, with the possibility of full-time work during holidays or school vacations.
Regarding eligibility for the USPTO exam, there is some discrepancy in the information provided. While some sources indicate that a student visa may be sufficient for eligibility, others suggest that only US citizens or permanent residents are qualified to take the exam. It is recommended to refer to the official USPTO website or relevant authorities for up-to-date and accurate information regarding student visa eligibility and its implications on USPTO exam eligibility.
It is worth noting that eligibility for the USPTO exam may depend on factors such as the applicant's educational background and degree field, rather than solely on their visa status. Students are advised to consult the official requirements outlined by the USPTO to ensure they meet the necessary criteria before applying.
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Work authorization
International students can apply for work authorization, which will allow them to engage in off-campus employment for a limited number of hours each week. To be eligible for work authorization, international students must maintain their status as full-time students. This means that they are only permitted to work part-time, up to 20 hours a week, when school is in session. During holidays or school vacations, students with work authorization may work full-time.
To apply for work authorization, international students must typically submit an application to the United States Citizenship and Immigration Services (USCIS). The specific requirements and procedures for obtaining work authorization may vary depending on the student's visa status and the country they are studying in. It is important for international students to carefully review the eligibility criteria and application process for work authorization in their respective country of study.
In the United States, for instance, international students on an F-1 visa may be eligible for off-campus employment authorization under certain circumstances. However, it is important to note that an F-1 visa does not automatically qualify an individual for work authorization. The eligibility for work authorization is determined by factors such as the student's degree, major, and coursework, rather than solely their visa status.
Additionally, when applying for work authorization, international students may need to provide evidence of their student status, such as proof of enrolment in a full-time program. They may also be required to obtain an employment authorization document, such as the Employment Authorization Card (EAD), which allows non-residents to work in the United States temporarily. This process can be complex, and it is recommended that students consult official government sources or seek advice from their educational institution for accurate and up-to-date information regarding work authorization applications.
Regarding the USPTO exam, while it is not entirely clear whether an F-1 visa qualifies an individual to take the exam, it appears that eligibility is primarily determined by the individual's educational background and field of study. It is recommended to refer to the USPTO website or contact the relevant authorities for definitive information on eligibility requirements for the USPTO exam.
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Citizenship requirements
International students can put in a USPTO application, but there are citizenship requirements that must be met.
To be eligible to file an international application with the USPTO, at least one of the applicants must be a resident or national of the United States of America. The concepts of residence and nationality are defined in PCT Rule 18.1.
The USPTO will grant a date of receipt to an international application that is submitted through the Trademark Electronic Application System (TEAS) and contains the following:
- The filing date and serial number of the US basic application and/or the registration date and registration number of the US basic registration
- The name of the international applicant, which must be identical to the name of the applicant or registrant as it appears in the basic application or basic registration, as well as the applicant's current address
- A statement that the applicant is entitled to file an international application with the USPTO, specifying that the applicant: (i) is a national of the United States; (ii) has a domicile in the United States; or (iii) has a real and effective industrial or commercial establishment in the United States.
Additionally, the USPTO requires citizenship, a green card, or authorization from USCIS to register for and practice law in patent matters. An F-1 visa likely does not qualify an individual to take the exam, as it is a nonresident alien visa.
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Application process
International applications may be filed electronically through the USPTO patent electronic filing system. International applications and related papers may also be deposited with the United States Receiving Office by addressing the papers to “Mail Stop PCT” and hand-delivering them to the Office.
To apply for international registration, you must enter the goods and/or services corresponding to the selected international classification code listed within the earlier registered mark of a member state of the European Union. You must use the pull-down box to enter the number of classes you wish to add, and then click on the "Add Classes" button.
It is important to determine if a "joint applicant" relationship exists between the owners, rather than a different relationship (such as a partnership or a joint venture). Normally, a trademark application is filed in the name of one party. However, joint applicants can apply if the mark is used in a business in which two or more parties are involved actively.
The United States Patent and Trademark Office (USPTO) will grant a date of receipt to an international application that is submitted through the Trademark Electronic Application System (TEAS) and contains all of the following:
- The filing date and serial number of the U.S. basic application and/or the registration date and registration number of the U.S. basic registration
- The name of the international applicant that is identical to the name of the applicant or registrant, and the applicant's current address
- A statement that the applicant is entitled to file an international application in the USPTO, specifying that the applicant: (i) is a national of the United States; (ii) has a domicile in the United States; or (iii) has a real and effective industrial or commercial establishment in the United States
An e-mail address for receipt of correspondence from the USPTO is also required, along with a reproduction of the mark that is the same as the mark in the basic application and/or registration. A description of the mark that is the same as the description of the mark in the basic application or registration is also necessary, along with an indication of the type of mark.
For the filing of patent applications and registrations of industrial designs in foreign countries, the authority for export control has been delegated to the Commissioner for Patents. A license from the Commissioner for Patents is required before filing any application for a patent or for the registration of a utility model, industrial design, or model in a foreign country.
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Frequently asked questions
Yes, international students can put in a USPTO application.
TEASi is an online filing system for international applications.
The TEASi form must include the holder's name and address, an email address for USPTO correspondence, the domestic application filing fee, and if the holder's domicile is not in the US, the name and address of the US-licensed attorney that will represent the holder before the USPTO.
The base application filing fee is $350 per class.
To access the TEASi form, you must create a USPTO.gov account with two-step authentication and verify your identity.
