The U.S. Patent and Trademark Office (USPTO) has implemented a new federal rule, effective July 20, 2026, requiring any patent applicant or owner whose domicile is outside the United States to work through registered U.S. counsel. The rule, published in the Federal Register on March 20, 2026, applies to all papers filed on or after that date, regardless of the filing date of the underlying application or patent. This change aligns U.S. practice with major patent offices in Europe and Japan, and aims to address administrative efficiency and a rise in fraudulent filings.
Under the rule, "foreign" is defined by domicile—an individual's permanent legal residence or an entity's principal place of business—rather than citizenship or mailing address. A single foreign-domiciled co-inventor can trigger the requirement for an entire application, even if other parties are U.S.-based. The requirement covers utility, design, and plant patents, and extends to amendments, information disclosure statements, petitions, responses to Office actions, reissues, and post-grant proceedings.
Failing to comply can have significant consequences. An Application Data Sheet not signed by a registered practitioner may be treated as a mere transmittal, meaning inventorship is not established and priority claims may not take effect. Certain time-sensitive requests, such as nonpublication requests or requests for prioritized examination, could be permanently lost if improperly signed. The rule applies to pending applications and issued patents, not just new filings.
J. Baron Lesperance, founder of The Patent Baron, PLLC, an intellectual property firm in Brighton, MI, noted the importance of compliance. "For a lot of overseas inventors, this rule changes the mechanics of protecting an idea in the United States, and the deadlines don't wait for anyone to catch up," Lesperance said. His firm, which specializes in patents, trademarks, and copyrights, is helping foreign inventors and cross-border businesses bring their filings into compliance. Lesperance, a patent attorney with degrees in electrical and mechanical engineering, previously managed a global patent portfolio in wireless charging technology.
Foreign inventors and companies affected by the new requirement can contact The Patent Baron, PLLC to review their portfolios and coordinate compliant U.S. filings. More information is available on the USPTO website and through the firm's consultation page.
