USPTO Rule Requires US Counsel for Foreign Patent Applicants

The U.S. Patent and Trademark Office has implemented a final rule requiring foreign patent applicants and patent owners to be represented by a registered U.S. patent practitioner. The requirement applies to all filings received on or after July 20, 2026, including amendments, information disclosure statements, and petitions.

Previously, foreign applicants could represent themselves in many proceedings. The change aligns treatment of foreign and domestic applicants by mandating licensed representation for those not domiciled in the United States or its territories.

The rule was published in the Federal Register in March 2026 following a notice-and-comment period. It covers both new and pending matters once the effective date arrives.

Practitioners and foreign clients are advised to ensure compliance ahead of the deadline to avoid delays in prosecution or other actions before the Office.

The measure is intended to enhance the quality and integrity of patent filings submitted by non-U.S. parties.

Sources: https://www.dennemeyer.com/blog/posts/new-uspto-rule-aimed-at-foreign-patent-applicants-coming-into-effect-july-20 https://www.uspatent.com/2026/03/uspto-final-rule-mandatory-us-representation-for-foreign-patent-applicants-and-owners-effective-20-july-2026/