Major New Rule: Mandatory U.S. Practitioner Representation for Foreign-Domiciled Applicants and Owners: Effective July 20, 2026
The United States Patent and Trademark Office (USPTO) issued a significant new rule requiring U.S.-registered patent practitioner representation for foreign-domiciled applicants, inventors, and patent owners. The new rule took effect on July 20, 2026.
In 2024, the USPTO received approximately 603,000 patent applications, of which roughly 333,000 (more than 55%) were filed by non-US resident (foreign) applicants. This rule will therefore affect a substantial portion of the U.S. patent: USPTO Final Rule – Federal Register, March 20, 2026.
What the Rule Requires
Starting July 20, 2026, any submission to the USPTO must generally be signed and filed by a practitioner registered to practice before the USPTO whenever at least one applicant, inventor, or patent owner has a domicile outside the United States or its territories. This rule applies to new applications, amendments, responses to Office actions, petitions, and most other papers.
Important Nuances & Exceptions
- Initial application filings: A foreign-domiciled applicant may still obtain a filing date for a new application in some cases without a practitioner signature, but all subsequent submissions (amendments, Office action responses, petitions, etc.) generally require a registered U.S. practitioner.
- Inventor documents: The inventor’s oath or declaration must still be signed by the inventor(s) themselves.
- Micro entity status: Claims for micro entity fee reduction must now be signed by a U.S.-registered practitioner when any applicant or owner is foreign-domiciled.
- Foreign counsel: Your existing foreign patent attorneys/agents can continue preparing documents and providing strategic advice. A U.S.-registered practitioner must review, sign, and file the papers with the USPTO.
What Does Not Change
- Substantive patent law and patentability standards remain the same.
- Certain documents (such as the inventor’s oath or declaration) still require the specific party’s signature.
- U.S.-domiciled parties may continue to proceed pro se.
Practical Impact
If any of your inventors, applicants, or owners are domiciled outside the U.S., you will need U.S. practitioner representation for most actions after July 20, 2026. Papers not properly signed by a registered practitioner will generally not be entered into the official patent record, which could cause delays and other complications.
Time-Sensitive Alert:
With July 20, 2026, now passed, Sherman IP strongly suggests that any pending U.S. patent applications, especially ones that have current or upcoming filings involving foreign-domiciled parties be reviewed immediately.
Your Action Checklist:
- Review your docket — Identify all active U.S. patent applications and issued patents involving any foreign-domiciled applicants, inventors, or owners.
- Confirm representation — Ensure a U.S.-registered patent practitioner is already of record or can be appointed immediately.
- Appoint representation — File or update Powers of Attorney (e.g., Form PTO/AIA/82) and change of correspondence address forms where needed.
- Plan transitions — If matters are currently handled pro se or through foreign counsel, begin transitioning them to qualified U.S. counsel.
- Audit micro entity claims — Ensure U.S. practitioner-signed certifications are on file where required.
- Coordinate with foreign counsel — Establish clear workflows for document preparation and U.S. practitioner review/filing.
- Contact Sherman IP for support — Reach out for a complimentary compliance review of your matters. Early preparation now will help avoid any disruption later.
At Sherman IP, we closely monitor developments to help our clients proactively safeguard their portfolios and mitigate risks. Sherman IP is fully prepared to assist with seamless transitions, power of attorney filings, docket reviews, and ongoing prosecution under the new rule.
Contact us today for a complimentary 15-minute compliance review or to discuss how these updates may affect your portfolio.
We are here to help make this transition as smooth as possible.
Best regards,
The Sherman IP LLP Team
Protecting Your Vision, Securing Your Future
This newsletter is for informational purposes only and does not constitute legal advice. Please consult with qualified counsel regarding your specific matters.