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.
Your PRIA Score
Personalized for You
How does this regulation affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this federal register document and every other regulation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-08798 — Extension and Modification of the Fast-Track Appeals Pilot Program
The USPTO is extending its Fast-Track Appeals Pilot Program until May 6, 2028, letting inventors speed up their patent appeal reviews. Now, decisions will come even faster—within four months instead of six! This helps inventors get answers quicker without changing fees, making the patent process smoother and snappier.
2026-08101 — Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; DOCX Submission Requirements
The USPTO is asking for public comments on updating their rules about submitting patent applications in DOCX format. If you don’t use DOCX for certain patent filings, you might have to pay a fee starting from January 2024. Comments are open until June 26, 2026, so now’s the time to speak up if you’re affected!
2026-07831 — Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Secrecy and License To Export
The USPTO is asking for your thoughts on renewing a form that helps keep some patent info secret for national security and controls exporting licenses. This affects inventors and businesses dealing with sensitive tech, aiming to keep paperwork light and clear. You’ve got until May 22, 2026, to share your comments—no fees, just your voice!
2026-07574 — 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 Patent and Trademark Office is asking for public feedback on how it collects information for appeals handled by the Patent Trial and Appeal Board (PTAB). This is a routine update to keep things running smoothly and make sure the process is clear and efficient. If you’re involved in patent appeals, now’s your chance to share your thoughts before June 22, 2026!
2026-07575 — Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Global Intellectual Property Academy (GIPA) Surveys
The USPTO is asking for your thoughts on updating their Global Intellectual Property Academy (GIPA) surveys, which help improve how they support IP systems worldwide. If you’re involved in IP or just curious, you can comment until June 22, 2026. This update won’t cost you money but will help make sure the surveys stay useful and clear.
2026-07442 — Termination of the Fast-Track for COVID-19-Related Appeals Pilot Program
The USPTO is ending its Fast-Track program that sped up COVID-19-related patent appeals because it wasn’t used much. Starting April 17, 2026, no new fast-track requests will be accepted, letting the office focus on speeding up all patent appeals instead. This change won’t cost anyone extra but means COVID-19 appeals will follow the regular review timeline from now on.
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!