Who is eligible to file an international patent application with the USPTO?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The eligibility to file an international patent application with the United States Patent and Trademark Office (USPTO) as the Receiving Office is determined by the applicant’s nationality or residence. The MPEP states:

“Only if at least one of the applicants is a resident or national of the United States of America may an international application be filed in the United States Receiving Office.”

This requirement is based on PCT Article 9(1) and (3), PCT Rules 19.1 and 19.2, 35 U.S.C. 361(a), and 37 CFR 1.412(a) and 1.421.

It’s important to note that the concepts of residence and nationality are defined in PCT Rule 18.1. If you’re unsure about your eligibility, it’s advisable to consult with a patent attorney or contact the USPTO directly.