Are you a Non-U.S. Patent Applicant? The USPTO Will Now Require Representation by a Registered Patent Attorney or Agent

The USPTO has published a new rule, available for review in the Federal Register Reading Room, requiring the representation of foreign patent applicants by a U.S. practitioner registered to practice and in good standing before the USPTO.  “Foreign patent applicants” is defined in the new rule as “patent applicants and owners whose domicile is not located within the United States (U.S.) or its territories.”

The new rule, which will become effective 120 days after publication in the Federal Register on March 20, 2026, is intended to:

 "… bring the U.S. in line with most other countries that require that such parties be represented by a licensed or registered person of that country. Additionally, this requirement will increase efficiency and enable the USPTO to more effectively use available mechanisms to enforce compliance by all foreign applicants/inventors and patent owners with U.S. statutory and regulatory requirements in patent matters, and enhance the USPTO’s ability to respond to false certifications, misrepresentations, and fraud.”

If you are a patent applicant or owner not domiciled in the U.S. or its territories, you will need to secure qualified, experienced U.S. registered patent representation to proceed with the filing and prosecution of your invention patent applications.  Lowndes’ IP Group, with its U.S registered practitioners and along with its worldwide network of agents and law firms, has a decades-long history of experienced representation of IP matters in the U.S. and globally, securing and enforcing patent rights for its clients in numerous technologies.   

For assistance, please contact Stephen C. Thomas at Stephen.Thomas@lowndes-law.com or Jon Gibbs at Jon.Gibbs@lowndes-law.com.