Foreign Inventors Must Hire U.S. Patent Pros Starting July 2026
Published Date: 3/20/2026
Rule
Summary
Starting July 20, 2026, anyone outside the U.S. applying for or owning a U.S. patent must work with a registered patent expert. This change makes the U.S. match other countries, speeds up patent processing, and helps stop fraud. If you’re a foreign inventor or patent owner, get ready to team up with a pro to keep your patent game strong!
Analyzed Economic Effects
8 provisions identified: 1 benefits, 6 costs, 1 mixed.
Foreign Filers Must Use a US Patent Practitioner
Starting July 20, 2026, anyone whose domicile is not in the United States or its territories and who applies for or owns a U.S. patent must be represented by a registered patent practitioner (a registered patent attorney or agent, or a person given limited recognition under 37 CFR 11.9 or 11.16). This rule applies to all filings received on or after the effective date.
ADS and Priority Claims Need Practitioner Signature
An Application Data Sheet (ADS) or micro entity certification signed by a foreign-domiciled inventor/applicant will not be accepted; an ADS not signed by a registered practitioner will be treated as just a transmittal letter and benefit or priority claims in that ADS will not be set or effective. A micro entity certification must be signed by a registered patent practitioner to establish micro entity status and permit payment of micro-entity fees.
Original-Filing Requests Can Be Lost Permanently
Requests that must be made with the original filing—such as a request not to publish (37 CFR 1.213) or a request for prioritized examination—must be signed by a registered practitioner when required; if they are not accepted for lack of a practitioner's signature at filing, that request cannot later be satisfied in that application. This consequence is effective as of July 20, 2026.
Sanctions for Misrepresenting Domicile
Presenting papers to the Office constitutes a certification under 37 CFR 11.18(b); a misrepresentation of domicile can violate 37 CFR 11.18(b)(2) and may result in sanctions under 37 CFR 11.18(c), which can include termination of the proceedings.
Unsigned Papers Won't Be Entered
If a paper that must be filed on behalf of a foreign-domiciled applicant or patent owner is not signed by a registered patent practitioner, that paper will not be entered into the patent file. Examples include amendments, replies, application data sheets, information disclosure statements, and petitions.
Filing Date Still Accorded Without Practitioner Signature
An application filed by a foreign-domiciled applicant without the signature of a registered patent practitioner will still be accorded a filing date under 37 CFR 1.53. However, some papers submitted later or procedural rights may require corrective action or may not be effective unless signed by a practitioner.
Juristic-Entity Patent Owners Must Have Practitioners
The rule explicitly requires that a patent owner who is a juristic entity must be represented by a registered patent practitioner when the patent owner is foreign-domiciled; the rule expands prior requirements that applied to juristic-entity applicants to explicitly cover patent owners as well.
Maintenance Fee Payments Unchanged by Domicile
The rule does not change who may pay maintenance fees for a patent; payment of maintenance fees by a person or organization other than the patentee remains allowed under 37 CFR 1.366(a), and the USPTO will not consider the patent owner's domicile when accepting maintenance fee payments.
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Key Dates
Department and Agencies
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