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USPTO guide

Filing a US patent application from Europe or India

By , Co-founder, PatentAssist.ai
Updated

The US is the first foreign market for many European and Indian technology companies, and the USPTO changed the rules for them in 2026: applicants based outside the US now have to act through a registered US practitioner. This guide explains how to file a US patent from Europe or India: who can represent you, how to keep your home priority date, what status and fees a foreign company qualifies for, when a provisional or a PCT application makes sense, and what to do about language.

Quick answer

  • Representation: since July 20, 2026, foreign-domiciled applicants must use a USPTO-registered patent attorney or agent.
  • Timing: file in the US, or file a PCT application, within 12 months of your first filing at home to keep its date.
  • Fees: $2,000 to file a utility application as a large entity, $730 as a small entity (500 or fewer employees, foreign companies included), plus the issue fee on allowance.
  • Language: file in English, or in your language with a translation and a $150 processing fee.

Who can represent you before the USPTO

Only registered patent attorneys and agents, and individuals given limited recognition, may represent others before the USPTO in patent matters (37 CFR 1.32(a)(1)). A European patent attorney or an Indian patent agent who is not on the USPTO register cannot sign US filings, however experienced. The usual setup is a home firm that instructs a US correspondent.

Two rules make that mandatory. A company (a "juristic entity") has always had to act through a practitioner. And under the final rule published on March 20, 2026 (91 FR 13510), effective July 20, 2026, so must any applicant or patent owner where at least one of the named applicants or owners is domiciled outside the US and its territories (37 CFR 1.31(a)). Domicile means a person's permanent legal residence or a company's principal place of business (1.9(p)). The rule applies to every paper received from that date, in new and pending applications and in issued patents.

What the rule does in practice, according to the USPTO's explanation in the final rule:

  • An application filed by a foreign applicant without a practitioner still gets a filing date, and the foreign applicant can pay the filing fees.
  • An application data sheet not signed by a practitioner is treated as a transmittal letter, so inventorship is not set and benefit and priority claims in it are not effective. Fixing that late may need a petition for a delayed priority claim under 37 CFR 1.55(e).
  • Replies, amendments, information disclosure statements and petitions are not entered unless a practitioner signs them (1.33(b)(3)).
  • A micro entity certification must be signed by a practitioner (USPTO micro entity page).
  • The inventor's oath or declaration under 37 CFR 1.63 is still signed by each inventor.

The USPTO cannot help you choose a practitioner (1.31(b)), but its public register lets you check that a name is registered.

Keeping your home filing date: Paris Convention priority

A US application filed within 12 months of your first application in a Paris Convention or WTO country gets that earlier date as its priority date (35 U.S.C. 119(a), 37 CFR 1.55(b)). Prior art published in between cannot be used against the claims the first application supports. If you are up to two months late and the delay was unintentional, a petition with a $2,260 fee ($904 small) can restore the priority right (1.55(c)).

Two things must then reach the USPTO, each by the later of 4 months from the US filing date or 16 months from the foreign filing date:

  • The priority claim, in the application data sheet, giving the foreign application number, country or office and filing date (1.55(d)). A claim not made in time is treated as waived and needs a petition under 1.55(e).
  • The certified copy of the foreign application (1.55(f)), unless the USPTO gets it electronically. The USPTO retrieves priority documents through WIPO's Digital Access Service (DAS); its priority document exchange page lists the EPO, Germany, France, the UK and India among the participating offices. Give the details in the application data sheet, and an access code where the office issues one, and the copy is treated as filed once the USPTO receives it (1.55(i)). An "interim copy" can hold the date while a certified copy is on its way (1.55(j)).

The USPTO does not need a translation of a German, French or Hindi priority document unless the examiner asks for one, for example to get behind a reference dated in the priority year (1.55(g)(3)).

Small and micro entity status for foreign companies

Most USPTO fees have three tiers, and nothing in the rules limits the discounts to US companies. A business qualifies as a small entity if it has 500 or fewer employees, counting affiliates such as a parent group, and has not assigned or licensed rights in the invention to a party that would not qualify (37 CFR 1.27(a)(2), 13 CFR 121.802). Small entities pay 60% less on most fees. A foreign nonprofit qualifies if it would qualify as a US one.

Micro entity status (80% off) on the gross income basis is possible for small foreign applicants who meet the income limit and have not been named on more than four earlier US nonprovisional applications; foreign filings do not count toward the four (1.29). The institution of higher education basis is not open to foreign universities (MPEP 509.04). For a foreign-domiciled applicant, the certification has to be signed by a registered practitioner. The USPTO fees guide has the current income limit and every fee by tier.

Is a US provisional worth it for a foreign applicant?

Anyone can file a US provisional application, in any language, for $325 ($130 small, $65 micro). It gives a 12-month priority date like any first filing, and no translation is needed unless a later application claims its benefit (1.78(a)(5)). For US startups it is the default first step; the provisional application guide covers what it must contain.

For a company based in Europe or India it is rarely the right first filing. Your home office's first filing gives the same 12-month priority, usually comes with a search report, and keeps you inside your own country's rules. Filing a US provisional first can break them: an Indian resident needs the Controller's permit under section 39 unless an Indian application was filed at least six weeks earlier, and UK residents with military or security-sensitive subject matter face a similar rule. The foreign filing license guide lists the Indian, UK, German and French requirements.

Direct US filing or the PCT route

Within the 12-month priority year you can file the US application directly, or file a PCT application and enter the US national stage at 30 months. The PCT application guide covers the international phase and the US national stage guide the entry requirements.

Direct US filing compared with the PCT route for foreign applicants
Direct (Paris route) PCT, then US national stage
When you pay US fees At 12 months At 30 months
Extra cost None beyond the US fees PCT transmittal, international filing and search fees: about $1,800 at IP India with ISA/IN, over $4,000 at the USPTO for a large entity
Search before US spend Only your home office's search, if it has issued International search report and written opinion around month 16
US examination starts Sooner; Track One available at filing Later, after national stage entry
Best for The US is a sure market and you file in few countries You need time to decide, or will file in many countries

A typical sequence, and the USPTO fees

Typical sequence for a foreign applicant filing directly in the US
When Step
Month 0 First filing at home: DPMA, EPO, INPI, UK IPO or IP India Check your home country's first-filing or permit rule before anything goes abroad.
Months 0-12 Appoint a registered US practitioner; prepare the US text in English Claims usually need rewriting from European two-part form for US practice.
By month 12 File the US nonprovisional (or a PCT application) claiming priority 35 U.S.C. 119(a); 37 CFR 1.55(b). Up to 14 months by petition if the delay was unintentional.
By month 16 (or 4 months after US filing) Priority claim in the application data sheet; certified copy or DAS retrieval 37 CFR 1.55(d), (f), (i).
About month 18 US publication Counted from the earliest priority date.
After examination Issue fee within 3 months of allowance Not extendable (37 CFR 1.311).

Worked example: an Indian startup and a German manufacturer

A Bengaluru startup with 40 staff files a provisional at IP India, files its complete specification there, and eleven months after the provisional files a US nonprovisional in English through its US practitioner in Patent Center, in DOCX, with 20 claims (3 independent). As a small entity it pays $70 filing + $308 search + $352 examination = $730, then $516 on allowance. IP India supplies the priority document through DAS.

A German manufacturer with 2,000 employees is a large entity. Filing the same application costs $2,000, and $1,290 at issue. If it files the German text and translates afterwards, add the $150 processing fee; if the specification is not in DOCX, add $430 (37 CFR 1.16(u)). Claims over 20, independent claims over 3 and more than 100 sheets cost extra. The USPTO fees guide has a calculator. Attorney and translation fees are not included in any of these figures.

Translations from German, French and other languages

The USPTO accepts a nonprovisional application in any language. It then needs an English translation, a statement that the translation is accurate, and the $150 processing fee (37 CFR 1.52(d)); if they are not filed with the application, the USPTO sets a deadline. Filing in German or French locks in the filing date on the original text, which is useful when the 12-month deadline is close.

But the English translation is what gets examined, published and enforced, and the original text is the yardstick for new matter. A literal translation of a German claim, with its "characterised in that" structure and reference signs, reads oddly to a US examiner. Most practitioners prefer to have the US text prepared in English from the start, adapted to US claim conventions, and filed within the priority year. Inventors who do not read English may sign the declaration in their own language with a translation (37 CFR 1.69). For a PCT application, the translation rules of the national stage apply instead.

Prepare the US version of your application

PatentAssist.ai drafts claims, the description, abstract and drawings in USPTO format, as well as EPO, DPMA (German) and IP India formats, from one invention disclosure. A European or Indian team can produce the home filing and a US-format version side by side and hand both to their US practitioner for review. The app runs in English, German, Spanish and French. It does not file at the USPTO or replace the registered practitioner the rules now require.

Try drafting free for 7 days How AI patent drafting works

Before paying US fees, search US patents free for the art a US examiner is most likely to cite.

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Filing a US patent from abroad: frequently asked questions

Do foreign applicants need a US patent attorney?

Yes, since July 20, 2026. Applicants and patent owners domiciled outside the US and its territories must be represented by a registered patent practitioner, and papers on their behalf must be signed by one (37 CFR 1.31(a)(2), 1.33(b)(3)). The rule covers pending applications and issued patents. Companies were already required to use a practitioner, wherever they are based (1.31(a)(1)). The inventor's oath or declaration is still signed by the inventor.

Can my European patent attorney or Indian patent agent file at the USPTO?

Only if they are also registered to practice before the USPTO. Under 37 CFR 1.32(a)(1), only registered patent attorneys and agents, and individuals given limited recognition, may represent others in patent matters. Most European and Indian firms work with a US correspondent firm that files and signs.

How long do I have to file in the US after my first European or Indian application?

12 months from the first filing to claim its priority (35 U.S.C. 119(a), 37 CFR 1.55(b)). If you miss it by up to two months and the delay was unintentional, a petition can restore the priority right, with a $2,260 fee for a large entity (1.55(c), 1.17(m)(3)). The priority claim goes in the application data sheet within 4 months of the US filing or 16 months of the foreign one, whichever is later.

Can a foreign company claim small entity status at the USPTO?

Yes. Small entity status depends on size, not nationality: a business with 500 or fewer employees, counting affiliates, that has not assigned or licensed and is not obliged to assign or license rights in the invention to a larger entity (37 CFR 1.27, 13 CFR 121.802). Small entities pay 60% less on most fees. Micro entity status on the gross income basis is also open to foreign applicants, but the certification must be signed by a registered practitioner.

Do I need a certified copy of my priority document?

Yes, unless the USPTO retrieves it electronically. Offices including the EPO, the DPMA, INPI, the UK IPO and IP India exchange priority documents with the USPTO through WIPO's Digital Access Service, so giving the right details in the application data sheet is usually enough. Otherwise file the certified copy within 4 months of the US filing or 16 months of the foreign filing, whichever is later (37 CFR 1.55(f), (i)).

Can I file my US application in German or French?

Yes. A nonprovisional can be filed in any language, followed by an English translation, a statement that it is accurate, and a $150 processing fee ($60 small, $30 micro) (37 CFR 1.52(d)). A provisional needs no translation until a later application claims its benefit. Examination always runs on the English text, so most applicants file in English to control the translation themselves.

Sources: 91 FR 13510 (March 20, 2026); 37 CFR 1.31, 1.32, 1.33, 1.9, 1.55, 1.27, 1.29, 1.52, 1.69, 1.78 and 1.16 to 1.18; 35 U.S.C. 119 (and our annotated guide to section 119 priority); 13 CFR 121.802; USPTO priority document exchange; USPTO micro entity status; USPTO fee schedule (effective January 19, 2025). Checked October 26, 2026. This page is general information, not legal advice.