Foreign Inventors: Hire US Patent Pros or Bust
Published Date: 12/29/2025
Proposed Rule
Summary
Starting soon, foreign inventors and patent owners will need to work with a registered U.S. patent expert to file or manage their patents. This change helps the USPTO keep things fair, fight fraud, and match rules used in other countries. If you’re affected, get ready to team up with a licensed patent pro by early 2026—no extra fees mentioned yet, but don’t miss the January 28 comment deadline!
Analyzed Economic Effects
5 provisions identified: 0 benefits, 5 costs, 0 mixed.
Foreign Applicants Must Use U.S. Patent Counsel
If any party named as an applicant or patent owner has a domicile outside the United States or its territories, that foreign applicant/inventor or patent owner must be represented by a registered U.S. patent practitioner (a registered patent attorney or agent, or someone given limited recognition). This requirement applies to all application types (utility, plant, design, etc.).
USPTO Will Reject Unsigned Pro Se Papers
When representation by a registered patent practitioner is required, the USPTO will not enter amendments, replies, application data sheets (ADS), information disclosure statements, or petitions into the application or patent record unless those papers are signed by a registered patent practitioner. Papers that must be signed by a specific party (for example, the inventor's oath or declaration under 37 CFR 1.63) are excluded.
Estimated Small-Entity Legal Costs and How Many Are Affected
The USPTO identified 1,217 foreign pro se applications in FY2022, of which 1,102 were filed by small entities. The Office estimates total legal costs for those 1,102 foreign pro se small-entity non-provisional applications would range from about $4.34 million to $5.40 million if minimal U.S. practitioner services are needed, and from about $13.12 million to $19.40 million if full U.S. practitioner prosecution services are required.
Juristic Entity Patent Owners Must Be Represented
The proposed rule explicitly requires a patent owner that is a juristic entity (a legal entity) whose domicile is outside the U.S. or its territories to be represented by a registered patent practitioner, including in post-grant proceedings. This expands a prior requirement that applied to juristic entities as applicants to also cover patent owners.
Who Counts as 'Foreign' for This Rule
The rule applies when at least one party identified as the applicant or patent owner has a "domicile" not located within the U.S. or its territories. The proposed 37 CFR 1.9(p) defines domicile as the permanent legal place of residence for a natural person or the principal place of business for a juristic entity, and the application data sheet (ADS) normally controls domicile determination.
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