The U.S. Patent and Trademark Office (USPTO) issued a final rule requiring patent applicants and patent owners whose domicile is not located within the United States or its territories to be represented by a registered patent practitioner. The rule took effect on July 20, 2026, and applies to all papers received on or after that date, without regard to the effective filing date of the application. In promulgating the rule, the USPTO identified four main objectives: (1) treating foreign applicants/inventors and patent owners similarly to how U.S. applicants/inventors and patent owners are treated in other countries, harmonizing U.S. practice with practices around the world; (2) increasing efficiency, as the USPTO currently spends significant resources assisting pro se applicants (i.e., an applicant who is prosecuting the application without a registered patent practitioner); (3) enabling the USPTO to more effectively use available mechanisms to enforce compliance with statutory and regulatory requirements in patent matters; and (4) enhancing the USPTO’s ability to respond to false certifications, misrepresentations, and fraud.

More specifically, the rule defines domicile as the permanent legal place of residence of a natural person or the principal place of business of an entity. Further, representation by a registered patent practitioner is required where the domicile of at least one party identified as the applicant, or at least one party identified as the patent owner, is outside the United States or its territories. A single foreign-domiciled co-applicant or co-owner therefore triggers the requirement for the entire application/patent.

That said, the consequences of non-compliance are wide ranging, with some being severe. Although a filing date will still be accorded (a critical, rights-conferring date), the Patent and Trademark Office can decline to enter certain papers filed without a registered practitioner’s signature, which can affect matters such as inventorship and priority or benefit claims. While some of these defects can later be remedied, others cannot be cured, such that certain requests may be permanently foreclosed in that application.

Foreign applicants and patent owners who are presently unrepresented before the USPTO should secure U.S. representation in advance of July 20, 2026.

Victor A. Bruzos is a Registered Patent Attorney, serving as Of-Counsel to the firm who prosecutes patent applications across a range of technologies, including artificial intelligence, electronics, software, medical devices, biotechnology, agricultural equipment, and defense systems. He also represents clients in patent litigation, ex parte reexaminations, and inter partes reviews, and he handles trademark, copyright, and trade secret matters. Mr. Bruzos is based in Palm Beach County and is available to meet with clients in any of the firm’s offices in Boca Raton, Miami, Jacksonville, Orlando, or Tampa.