Diba Patent Practice

Inventors outside the U.S.

Filing from abroad now requires a U.S. patent practitioner.

Since July 20, 2026, the U.S. Patent and Trademark Office requires applicants and patent owners who live or are based outside the United States to be represented by a registered U.S. patent attorney or patent agent. I am a registered patent agent, Reg. No. 81,965, and I can represent inventors and companies from anywhere, including Canada, the UK, Europe, India, Australia, and Israel.

Who needs a U.S. practitioner

  • You are an inventor applying for a U.S. patent, and your permanent legal residence is outside the United States and its territories.
  • Your company is the applicant, and its principal place of business is outside the United States.
  • You apply together with others, and at least one of the applicants is domiciled outside the United States.
  • You already own a U.S. patent or application and need to file something new in it, such as a reply or a petition.

The rule applies to every paper the USPTO receives on or after July 20, 2026, even in an application filed earlier. “Domicile” means a person's permanent legal residence, or a company's principal place of business.

Who is not affected

  • A U.S.-based company is the applicant. Its inventors may live anywhere.
  • You only need to pay a maintenance fee on a granted patent.

What happens if you file without one

You still get a filing date

An application filed without a U.S. practitioner, including a provisional application, still receives a filing date.

Later papers are not entered

Replies, amendments, and petitions that lack a registered practitioner's signature are not entered into the file. A reply that is not entered does not count, and a missed reply deadline can end the application.

Your priority claim can be lost

An unsigned application data sheet is treated as a cover letter, so a claim to your earlier home-country filing is not entered. Fixing it later can require a petition and extra fees.

Some requests cannot be fixed

Requests that must be made when you file, such as a request not to publish or for faster examination, can be lost for good if they are not signed correctly.

Source: USPTO final rule, 91 Fed. Reg. 13510 (March 20, 2026)

How I work with clients abroad

By email and video call

Most of the work happens by email, so time zones rarely slow anything down. For calls, we pick a time that works for both of us.

In English

I work in English. If your idea is described in another language, an English translation is needed before I draft.

With your home-country attorney

If a patent attorney in your country filed your first application, I can work with them as your U.S. representative.

With your deadlines in view

To claim the date of your first filing abroad, the U.S. application is generally due within 12 months of it (6 months for a design). From an international (PCT) application, the U.S. stage is generally due at 30 months.

Fees

Clients abroad pay the same professional fees as U.S. clients, in U.S. dollars. USPTO fees are added at cost.

Reduced USPTO fees for small and micro entities apply only if you qualify, and the rules count income and ownership from every country. I check your eligibility before claiming a reduced fee.

If your application is already written, for example by a patent attorney in your country, I can review it and file it in the United States, from $950 for a full application or $350 for a provisional.

Taking over an application that is already on file at the USPTO is quoted after I review it.

See all fees

Tell me where your application stands.

A new idea, a filing in your home country, or an application already at the USPTO. Email ali@dibapatent.com or use the form.

Tell me your idea

General information about U.S. practice, not legal advice for your situation.