U.S. Representation for Foreign-Domiciled Applicants — Restore Provisional Patent Benefit

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Fixed-fee U.S. representation for foreign startups and their founders under the July 2026 foreign applicant rule. Restore your provisional patent benefit with a 37 CFR 1.78(b) petition, ADS benefit claim, and micro-entity certification if you qualify. Choose Essential, Complete, or Premier packages with standard, priority, or same-day patent filing.

Ideal For:

• Foreign-domiciled startups and early-stage founders filing for their company
• Companies whose non-provisional application is already prepared and that need only the restoration papers filed: power of attorney, ADS benefit claim, and petition
• Applicants who missed the 12-month provisional deadline but are within the 14-month restoration window
• Applicants who may qualify for micro-entity fees and need eligibility reviewed before the certification is signed

Includes:

• Filing a power of attorney and acting as the registered practitioner of record for the application
• Review, correction and filing of the Application Data Sheet (ADS) to claim benefit of the provisional
• Micro-entity eligibility review, and signing and filing of the micro-entity certification if the applicant qualifies
• Preparation, signing and filing of the petition to restore the benefit claim under 37 CFR 1.78(b), including the unintentional-delay statement
• Handling closely related formalities notices directly tied to the above submissions
• Optional (additional flat fee): filing the non-provisional application itself together with the above papers

Excludes:

• Drafting, rewriting or amending the specification, claims or drawings
• Prior-art searches, patentability opinions or freedom-to-operate advice
• Substantive review of the application’s content or quality
• Responses to Office actions, restriction requirements or appeals
• Information Disclosure Statements
• Assignment preparation or recordation
• Foreign or PCT filings
• USPTO government fees, which are paid separately by the client

Deliverables:

• Filed power of attorney
• Filed ADS with the benefit claim to the provisional application
• Filed micro-entity certification (if eligible)
• Filed petition to restore benefit under 37 CFR 1.78(b)
• Copies of all filed papers and USPTO filing acknowledgments
• Brief written confirmation of what was filed, and the next expected USPTO actions

Assumptions and Limitations:

• The non-provisional application is filed within 14 months of the provisional filing date. Clients are advised not to rely on any weekend or holiday extension.
• The client’s account of the delay supports a good-faith statement that the entire delay was unintentional. The practitioner will not sign the petition if the facts do not support it.
• Micro-entity status is certified only if the applicant, and any assignee or obligated assignee (such as the client’s company), meets the eligibility requirements.
• The practitioner relies on the accuracy of information and documents provided by the client.
• The practitioner does not guarantee that the USPTO will grant the petition or accept the benefit claim.
• The engagement ends once the listed papers are filed and any directly related formalities notices are resolved.

Scope-Change Triggers:

• The USPTO requests additional information about the delay, or dismisses the petition
• The application needs substantive corrections (specification, claims, drawings, inventorship)
• Micro-entity status is disputed, or the client does not qualify and fees must be corrected
• Notices unrelated to the benefit claim, entity status or restoration petition
• The client requests filing of the non-provisional application itself, an IDS, an assignment, or any Office action response
• The restoration window is found to have expired, requiring a different strategy

Typical Turnaround:

• Engagement letter and conflict check: same or next business day after the client’s inquiry
• Petition, ADS and certification filing: within 1–2 business days of receiving the application number, the signed engagement letter, payment and complete client information
• Deadline-critical matters (restoration window closing within days) are prioritized where possible

Client Responsibilities:

• Sign the engagement letter and pay the fixed fee in advance
• Pay USPTO government fees
• Provide the provisional application number and filing receipt
• Provide the non-provisional application number and filing receipt the same day it is filed, or the complete application package if the practitioner is filing it
• Provide a truthful written explanation of the circumstances of the delay
• Complete the micro-entity questionnaire accurately, including any assignment or obligation to assign rights
• Respond promptly to practitioner questions, especially near deadlines
• Forward any USPTO correspondence received directly

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