USPTO requires foreign applicants to act through a US patent practitioner
On 20 March 2026, the USPTO published a final rule according to which, from 20 July 2026, all applicants and patent owners whose residence or registration is outside the United States will be required to act exclusively through a registered US patent practitioner (either a patent attorney or a patent agent).
What has changed: Previously, foreign applicants could file applications with the USPTO on their own, without a representative. This will now no longer be possible. The rule applies to all types of patents (utility, design and plant), as well as to all documents filed after 20 July, including documents submitted in relation to already pending applications.
Сonsequences:
- Documents not signed by a US patent practitioner will not be accepted for examination,
- Certain errors cannot be remedied retrospectively, which may result in an irreversible loss of rights,
- If even one of the applicants is a foreign co-inventor, the requirement applies to the entire group of applicants.
| Important: the rule also applies to current pending applications: all documents filed after 20 July will require the involvement of a US patent practitioner. |
If you have active applications before the USPTO or are planning to seek patent protection in the United States, it is advisable to assess the risks before the rule enters into force. The REVERA team is ready to assist with coordination and interaction with US patent practitioners.
Official publication: Federal Register
Author: Inna Semenova.
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