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.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-19613, Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Trademark Trial and Appeal Board (TTAB) Actions
The USPTO is asking for public feedback on its paperwork rules for the Trademark Trial and Appeal Board (TTAB). This helps make sure the forms are easy to use and don’t waste anyone’s time. If you’re involved in trademarks, now’s your chance to comment before October 26, 2026, with no new fees or big changes planned.
2026-19576, Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Generic Clearance for Information Pertaining to Events, Registrations, and Programs
The USPTO is asking for public feedback on a new plan to simplify how they collect info for events, registrations, and programs they run. This change will make it easier and faster to get approval for forms used at these events, affecting anyone who attends or participates. Comments are open until November 23, 2026, with no new costs expected.
2026-17525, Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Substantive Submissions Made During the Prosecution of the Trademark Application
The United States Patent and Trademark Office (hereafter "USPTO" or "Agency"), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651-0054 (Substantive Submissions Made During the Prosecution of the Trademark Application). The purpose of this notice is to allow 60 days for public comments preceding submission of the information collection to the Office of Management and Budget (OMB).
2026-17524, Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Patent Trial and Appeal Board (PTAB) Appeals
The United States Patent and Trademark Office (hereafter "USPTO" or "Agency") will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The USPTO invites comments on the information collection renewal of 0651-0063, which helps the USPTO assess the impact of its information collection requirements and minimize the reporting burden to the public. Public comments were previously requested via the Federal Register on April 20, 2026, during a 60-day comment period (91 FR 20986). This notice allows for an additional 30 days for public comments.
2026-16744, Request for Comments on Community Outreach Office Locations in the Southwest States
The USPTO wants your ideas on where to open new community outreach offices in the Southwest states like Arizona and Texas. These offices will help inventors, small businesses, and students get better support with patents. Share your thoughts by September 16, 2026, so the USPTO can pick the best spots and keep innovation booming without extra costs to you!
2026-16315, Administrative Updates to the General Requirements Bulletin for Admission to the Examination for Registration To Practice in Patent Cases Before the United States Patent and Trademark Office
Starting August 11, 2026, the USPTO is upgrading Biomedical Science degrees from Category B to Category A for patent bar eligibility. This means more people with this degree can now take the patent exam and become patent practitioners. No extra fees or delays—just a smoother path for those with the right science background to join the patent world!
Previous / Next Documents
Previous: 2025-23896, Health Data, Technology, and Interoperability: ASTP/ONC Deregulatory Actions To Unleash Prosperity
This new rule aims to cut red tape around health data technology, making it easier for developers and healthcare providers to innovate and share info. It fixes problems with confusing rules about blocking information and offers more flexibility, saving time and money. Comments on the proposal are open until February 27, 2026, so stakeholders can weigh in before changes take effect.
Next: 2025-23963, Implementation of the Administrative False Claims Act
NASA is updating its rules to crack down on people or companies who knowingly lie or cheat NASA for money. This new process lets NASA quickly handle smaller fraud cases without waiting for big court battles, protecting taxpayer dollars better. If you want to share your thoughts, get your comments in by February 13, 2026!