Short answer: Yes. Since July 20, 2026, patent applicants and patent owners whose domicile is outside the United States must be represented by a USPTO-registered patent attorney or patent agent. The USPTO published the final rule on March 20, 2026.
Who the rule covers
The rule applies to anyone whose domicile, meaning primary residence or principal place of business, is outside the United States or its territories. It covers new applications, applications already pending, and issued patents. If even one applicant on an application is foreign-domiciled, the whole application needs a registered practitioner. The USPTO declined to make an exception for mixed U.S. and foreign applicants.
What still works without a practitioner
A foreign-domiciled applicant can still get a filing date without a U.S. practitioner, as long as the basic filing requirements are met.
What no longer works
- Papers that require representation will not be entered unless a registered practitioner signs them.
- An Application Data Sheet filed without a practitioner's signature may be treated only as a transmittal letter.
- Priority claims, inventorship details, and micro entity certifications may not be recognized.
- Requests that must be made at filing, such as nonpublication or prioritized examination, can be lost.
What to do now
- List your U.S. matters. Include pending applications and issued patents, and note any upcoming deadlines.
- Check who is of record. If no registered practitioner is listed, you need one before you file anything else.
- Appoint a practitioner before your next deadline. Missing a response because a filing was not entered can lead to abandonment.
Legacy Patents represents foreign-domiciled inventors and companies at flat fees in U.S. dollars, with consultations by video. Learn more on our Foreign Applicants page.