United States | USPTO US Counsel Rule for Foreign Patent Applicants Takes Effect

The U.S. Patent and Trademark Office (USPTO) has updated the Rules of Practice in Patent Cases to require patent applicants and patent owners whose domicile is not located within the United States or its territories to be represented by a registered patent practitioner. This rule change became effective on July 20, 2026.

When representation is required, papers submitted to the USPTO must be signed by a registered patent practitioner. The new requirement applies to all papers received in patent matters on or after July 20, 2026, regardless of the filing date of the application.

The USPTO states that the rule is expected to increase efficiency and contribute to reductions in the backlog of unexamined U.S. patent applications, as applications will be in better form for examination. The rule also aims to mitigate fraud before the USPTO and protect the integrity of the patent system, reduce false entity status claims and related fee deficiencies, and increase rule compliance and patent quality.

When representation is required, correspondence in patent matters including replies, amendments, application data sheets, micro entity certifications, information disclosure statements, petitions, and other correspondence will be required to be signed by a registered patent practitioner. Maintenance fee payments and recordation of assignment documents are not affected by the new requirement.

The Federal Register notice for the rule was published on March 20, 2026. The USPTO has published Frequently Asked Questions and other guidance materials to assist stakeholders in complying with the new requirement.

Original Link：https://www.uspto.gov/patents/apply/us-counsel-rule-patent-applications-and-patents