The Trademark Office has required foreign-domiciled applicants to be represented by a U.S.-licensed attorney since 2019. As of this summer, the patent side has caught up. The USPTO published a final rule on March 20, 2026, requiring foreign-domiciled applicants and patent owners to be represented by a practitioner registered and in good standing with the Office. The rule took effect on July 20, 2026.
This means that papers submitted to the USPTO in a patent matter must be signed by a registered U.S. patent practitioner, i.e., a registered patent attorney, a patent agent, or an individual granted limited recognition to practice before the Office.
The rule is not limited to newly filed applications. It applies to papers received in patent matters on or after July 20, 2026, regardless of when the underlying application was filed. That sweeps in applications that have been pending for years and patents that have already issued. If you are a foreign applicant or owner who has been handling a U.S. matter directly – or who let an appointment lapse somewhere along the way – the obligation attached this summer whether or not anyone flagged it.
The USPTO claims that the change is intended to improve efficiency and harmonize U.S. practice with that of most other countries, including Japan and the European Patent Office. It is also clear that one reason for the change is to ensure that those who practice before the Office are subject to its sanctions in the event of false certifications, misrepresentations, or fraud.