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Applicants who are lawful permanent residents of the United States may apply for registration. All other applicants who are aliens residing in the United States may apply for limited recognition to practice before the Office in patent matters pursuant to 37 CFR 11.9(b).
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
The U.S. Patent and Trademark Office (USPTO) is the agency responsible for granting U.S. patents and registering trademarks.
If theres another invention before your patent application that incorporates all the same elements as your invention, then your invention is not novel. The USPTO will deny your patent. Additionally, under the requirements of 35 U.S.C. 102, an invention needs to have novelty.
You may apply for a U.S. patent whether youre a U.S. citizen or not.

People also ask

Urgent Call from a USPTO Phone Number Your caller ID says that the call is coming from the USPTO, and the phone number checks out as being one listed on the actual USPTO website. However, in all cases, the caller and the caller ID are definitely not legitimate.
Yes, trademark registration in the US is available to residents and non-residents alike. However, the USPTO requires foreign-domiciled trademark applicants, registrants, and parties to use a US-licensed attorney to file any trademark-related submissions.
The patent laws of the United States permit any inventor, regardless of his/her citizenship, to apply for a U.S. patent. There are, however, a number of rules of special interest to applicants located in foreign countries.

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