USPTO now requires non-US patent applicants to use registered US counsel

A new USPTO rule requiring all foreign-domiciled patent applicants and patent owners to be represented by a registered US patent practitioner will take effect in July 2026. This article will discuss the impact of this rule change.

Context: a shift in USPTO practice

While the United States Patent and Trademark Office (USPTO) requires all juristic entities (whether based out of the US or abroad) to engage with registered US counsel to prosecute their patent applications, the USPTO has long permitted foreign individuals to file and prosecute patent applications on a pro se basis without registered US counsel.

That practice is coming to an end. In a Notice published in the Federal Register on March 20, 2026, the USPTO announced a rule change requiring non-US patent applicants and patent owners to be represented by a registered US patent practitioner. The new rule takes effect on July 20, 2026.

The change brings the USPTO into alignment with many other patent offices around the world, which have long required foreign applicants to engage local registered practitioners. For years, the USPTO stood as something of an outlier by allowing foreign individuals to navigate the patent system without a US-licensed attorney or agent.

Who is affected?

The rule applies to foreign-domiciled patent applicants and patent owners, meaning those whose primary place of residence is outside the United States. The new rule particularly affects individual inventors abroad who might otherwise file applications without legal assistance.

As noted above, the USPTO already requires juristic entities such as corporations to be represented by a registered practitioner. For any juristic entity based outside of the US, the requirement to engage US counsel has not changed.

Practical implications for filing and prosecution

Foreign-domiciled applicants who file after the rule takes effect may still be able to receive a filing date, assuming that the basic requirements for obtaining a filing date are otherwise met. However, the rule restricts which documents a foreign-domiciled applicant can validly sign.

The Federal Register Notice indicates that certain forms commonly submitted at the time an application is filed, including the Application Data Sheet (ADS) and the micro entity certification form, will not be accepted if signed by an inventor or applicant whose domicile is in a foreign country.

The ADS is a particularly important document: it is used to establish inventorship, assign priority claims to earlier-filed applications, and set other foundational details of the application record. Under the new rule, if an ADS is filed by a foreign-domiciled applicant without the signature of a registered US patent practitioner, the ADS may be treated as a mere transmittal letter. This situation could result in consequences such as priority claims being denied, which can carry significant implications for patentability.

What foreign applicants should do now

In light of this change, any individual inventor or patent owner domiciled outside the United States should take stock of their current and planned US patent activity. Especially for applications where the applicant expects to claim priority to one or more prior-filed applications, engaging a registered US patent practitioner well in advance of any filing deadlines is strongly advisable. The risks of proceeding without counsel, including the potential loss of priority rights and improperly set inventorship, are substantial.

Non-US applicants with applications already pending before the USPTO should also assess whether and how the new rule will affect their ongoing prosecution obligations and consult with a registered practitioner accordingly.

Key takeaways

• The USPTO published a rule requiring foreign-domiciled patent applicants and patent owners to be represented by a registered US patent practitioner.
• The rule takes effect in late July 2026.
• The rule will have a notable effect on foreign individuals who would otherwise file pro se, since juristic entities were already required to have registered US representation.
• Applications filed by foreign-domiciled applicants can still receive a filing date, but certain forms must be signed by a registered US practitioner in order to be effective.
• Foreign-domiciled applicants should strongly consider retaining registered US patent counsel well before the rule takes effect.

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This article is not legal advice and does not form an attorney-client relationship. The opinions expressed in this article belong to the author and do not necessarily reflect the opinions of the author’s employer or any organizations which the author is a member of. Consider consulting a licensed US Patent Practitioner for any questions about US Patent Office procedure or US patent filing strategy.

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