Can a foreign company file a US patent?
Sarah Garza
Updated on February 16, 2026
Can Companies Outside the United States Obtain US Patents? Yes. The United States has the largest Gross Domestic Product on earth. Foreign Companies that do not have a physical presence in the United States can sell their goods or services in the United States.
Can a Canadian get a US patent?
Canadian patent agents registered with the United States Patent and Trademark Office (USPTO) can directly file U.S. patents for Canadian applicants. These agents have acquired a wealth of experience before the USPTO representing their Canadian clients at all stages of the patent application process.
How hard is it to get a US patent?
Since patents are legal articles, they can be somewhat difficult to obtain. Once you’ve completed your application and paid all the associated fees, which can run between $200 and $850 in the U.S., you’ll send it to the patent office, which in the United States is known as the U.S. Patent and Trademark Office.
Can you patent something that is patented in another country?
You can not. In order to file a patent, the invention [not the idea] should be novel globally. Since there is a patent in one country, you can’t file the same invention in another country as it is already made available to the public.
Can a company file a patent?
When someone makes an invention, and does so as an employee of a company, usually the company owns the right to apply for a patent. The exception once again is the United States, where only natural persons may apply for a patent. However, if a researcher in a medical company invents the same medicine, his company does.
How do I file a foreign LLC?
A foreign (out-of-state) LLC can be registered to do business in California by filing an Application to Register a Foreign LLC with the Secretary of State’s office, along with a current Certificate of Good Standing, and paying all associated fees.
How much does a US patent cost?
The filing fee is $130 for a small entity and drawings typically cost $100 to $125 per page, so a high quality provisional patent application for a mechanical or electrical device can typically be prepared and filed for $2,500 to $3,000.
How long do patents last in us?
20 years
A U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.
How do I protect an invention without a patent?
If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an “NDA” or a “confidentiality agreement,” but the terms are similar.
Do patent inventors get paid?
Royalty payments are normally calculated as a percentage of the net revenues from the invention, or they can be payments for each unit sold. When an inventor licenses his invention to another party, he generally gives the other party the authorization to utilize and exploit the invention.
What qualifies as a foreign LLC?
A foreign LLC is an LLC that was originally formed in one state but then registered to do business in another state. This means you now have to pay 2 LLC filing fees, maintain a registered agent in the foreign state, and pay annual reporting fees in both states.
Do I need a foreign LLC?
If your company is conducting business in any other states than the state where you incorporated (or formed an LLC), then you need to register your business in those new states. This is often called “foreign qualification.”
Who owns the most patents in the US?
Companies with the most U.S. patents granted to them in 2020
| Characteristic | Number of granted U.S. patents |
|---|---|
| Qualcomm Inc | 2,276 |
| Amazon Technologies Inc | 2,244 |
| Sony Corp | 2,239 |
| BOE Technology Group Co Ltd | 2,144 |