The United States Patent and Trademark Office (USPTO) issued a Notice of Proposed Rulemaking (NPRM) on December 23, proposing a clear requirement: all patent applicants and patent owners not domiciled in the United States or its territories must be represented by a registered U.S. patent agent or patent attorney when conducting patent matters before the USPTO.

From 'DIY Possible' to 'Certification Required': Core Drastic Change in Rules

According to the draft revisions to 37 CFR Part 1, the USPTO will make the following key adjustments:

Complete Prohibition on Self-Representation for Non-U.S. Applicants

Whether it's an initial filing, responding to office actions, or handling patent ownership changes, as long as the applicant or patent owner's domicile is not within the U.S., all documents must be signed by a registered patent practitioner. Even forms for paying issue fees (like PTOL-85B) are no exception.

Combating Fraud as a Primary Motive

The USPTO explicitly stated that there has been a surge in fraudulent micro entity certifications (to obtain fee reductions) and document forgery issues in recent years. When pro se applicants abandon applications, the USPTO cannot track or investigate. Registered practitioners, bound by the USPTO Rules of Professional Conduct, have an obligation to cooperate with investigations, and violations could lead to disciplinary action—this essentially installs a 'regulatory tracker' on every application.

Aligning Globally, Improving Efficiency

Currently, major patent offices worldwide (such as the EPO and the CNIPA in China) require foreign applicants to proceed through local representatives. This move by the USPTO aims to 'align with international practices' while reducing examination delays caused by non-standard documents.

Who is Affected?

This rule has far-reaching implications, primarily targeting the following groups:

All individual inventors who are not U.S. residents

They will no longer be able to directly file patent applications with the USPTO.

Companies and enterprises headquartered outside the United States

This includes all Chinese companies planning to enter or already engaged in U.S. patent portfolio activities.

Entities filing applications through informal channels

The new rule aims to eliminate low-quality or fraudulent applications submitted via non-professional agencies.

Compliance Countdown: Applicants Must Act

Although the new rule is still in a 30-day public comment period, the USPTO has clearly indicated it is 'determined to proceed.' It is recommended that all companies planning to enter the U.S. market:

Immediately Assess

Check existing applications for any instances of self-filing or partial representation.

Select a Representative

Be sure to choose and appoint a reliable U.S. patent attorney or agency to avoid significant losses due to minor savings.