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US patent filing for Canadian residents

Canadian-resident applicants can have a US patent application drafted, filed, and prosecuted by one registered Canadian patent agent, with direct filing and correspondence at the USPTO and no US associate in between.

Short answer

If you live in Canada, Neil Teitelbaum, a registered Canadian patent agent, can file your US patent application and correspond with the USPTO on your behalf. If you do not live in Canada, we draft and prosecute the application, and a US patent agent or attorney handles the filing and formal USPTO correspondence.

Why filing directly matters

Many Canadian patent agents can draft a US application but cannot file or correspond directly with the USPTO, so the file passes to a US firm. That adds a layer of cost and puts a step between the person who drafted the application and the examiner. For Canadian-resident applicants we remove that step: the agent who prepares your application files it, answers the examiner, and reports to you.

Neil has been a registered patent agent since 1994 and holds a B.Eng. in Electrical and Computer Engineering. A large part of our work is before the USPTO, with considerable experience drafting software applications. See our team for full bios.

The US process in brief

From filing to grant

Filing in Canada and the United States

Planning your filings

A Canadian application can be used to claim priority in the United States within 12 months under the Paris Convention, and a US filing can likewise support a Canadian one. The better order depends on where your market, manufacturing, and competitors are, and we help you decide.

Both countries give a 12 month grace period for your own public disclosure, but many other countries give none. If you may want protection abroad, file before you publish, demonstrate, sell, or otherwise disclose the invention.

ApplicantHow we act at the USPTO
Canadian-resident applicant We file and correspond with the USPTO directly.
Applicant outside Canada We draft and prosecute the application, and a US patent agent or attorney handles filing and formal USPTO correspondence.

What does it cost?

Flat fees are available for most stages of a filing, so you know the professional cost in advance. Responses to office actions are billed individually, since the scope of an examiner's objections varies too much to quote a flat rate in advance.

USPTO fees are separate from our professional fees, and small or micro entity status can reduce them where the applicant qualifies. Contact us for a quote.

See also our step by step guide to patenting in Canada, our page on PCT national phase entry in Canada, and our page for foreign associates and overseas law firms.

Frequently asked questions

Can a Canadian patent agent file a US patent application directly at the USPTO?

For Canadian-resident applicants, yes. Neil Teitelbaum is a registered Canadian patent agent who can file and correspond directly with the USPTO on behalf of applicants who reside in Canada.

Do I need a separate US patent attorney if I live in Canada?

Not when we act for you. As a Canadian-resident applicant, you are represented at the USPTO directly by the agent who drafted your application, without a US associate in between.

I do not live in Canada. Can you still prepare my US application?

Yes. We draft and prosecute US applications for clients worldwide. For applicants who are not Canadian residents, filing and communications with the USPTO go through a US patent agent or attorney, with whom we coordinate.

Should I file in Canada or the United States first?

Either can be filed first, with the other filed within 12 months claiming priority under the Paris Convention. The better order depends on where your market and competitors are, and we help you decide before you disclose the invention.

How long does a US patent application take?

It commonly takes two to three years from filing to grant, and longer in some technologies. Prioritized examination (Track One) is available for an additional fee when a faster decision matters.

Last updated November 2026. This page provides general information only and is not legal advice. Deadlines and fees change, so please confirm the current requirements before acting.

Contact

Speak with a registered patent agent
Email email hidden; JavaScript is required Phone 613 302-2273 WeChat ID: nt6133022273
Office Teitelbaum & Burk Patent Agents
834 Colonel By Drive
Ottawa, Ontario

Tell us about your invention or your pending US application, and we will explain your options and the likely costs.

EMAIL US ABOUT YOUR APPLICATION