The United States Patent and Trademark Office (USPTO) has adopted a final rule requiring foreign-domiciled patent applicants and patent owners to be represented by a practitioner registered and in good standing with the USPTO.

The new requirement will take effect on 20 July 2026 and represents a significant procedural change for foreign applicants seeking patent protection in the United States.

Scope of the New Requirement

Under the new rule, foreign applicants will no longer be permitted to represent themselves in patent matters before the USPTO. Instead, they must appoint a registered U.S. patent practitioner to act on their behalf.

The requirement applies to:

  • Foreign-domiciled inventors;
  • Foreign-domiciled applicants;
  • Foreign-domiciled patent owners; and
  • Legal entities whose principal place of business is located outside the United States.

According to the USPTO, “domicile” means the permanent legal residence of a natural person or the principal place of business of a legal entity.

No Grandfathering for Existing Matters

The rule applies not only to new filings but also to existing matters before the USPTO.

As of 20 July 2026, foreign applicants must be represented by a registered practitioner in connection with:

  • Newly filed patent applications;
  • Pending patent applications;
  • Issued patents;
  • Maintenance fee matters; and
  • Other post-grant proceedings.

Failure to appoint a qualified practitioner may result in abandonment of applications or loss of rights.

Reasons Behind the Rule Change

According to the USPTO, the new requirement is intended to:

  • Align U.S. practice with that of many foreign patent offices;
  • Improve administrative efficiency;
  • Strengthen compliance monitoring;
  • Reduce fraudulent filings; and
  • Facilitate enforcement of statutory and regulatory requirements.

The Office noted concerns regarding fraudulent submissions, including improper signature practices and false fee reduction certifications. The rule is also intended to strengthen the USPTO’s ability to investigate and address misconduct.

Impact on Micro-Entity Certifications

The USPTO specifically highlighted concerns regarding inaccurate micro-entity certifications.

Under the new framework, a foreign-domiciled inventor or applicant may not personally sign a micro-entity certification. Instead, the certification must be signed by a USPTO-registered patent practitioner.

Public Consultation

The USPTO received nine comments following publication of its Notice of Proposed Rulemaking in December 2025.

Although one commenter argued that the rule could discourage foreign applicants from seeking U.S. patent protection, the USPTO concluded that the benefits of the measure outweighed potential disadvantages. The Office emphasized that many foreign jurisdictions already require local representation from foreign applicants.

Practical Considerations

Foreign inventors, companies, universities, and patent owners should review their U.S. patent portfolios and pending matters before 20 July 2026 to ensure that appropriate U.S. representation is in place.

The rule applies broadly and may affect both existing and future patent rights.