The USPTO now requires U.S. representation
As of July 20, 2026, any patent applicant or patent owner whose domicile is outside the United States must be represented by a USPTO-registered patent attorney or patent agent. This applies to new applications, pending applications, and issued patents.
What this means in practice:
- You can still get a filing date without a U.S. practitioner, but most later papers will not be entered unless a registered practitioner signs them.
- Priority claims, inventorship details, and micro entity certifications may not be recognized unless properly signed.
- Requests that must be made at filing, such as nonpublication or prioritized examination, can be lost.
- If any applicant on the application is foreign-domiciled, the whole application needs representation. The USPTO made no exception for mixed U.S. and foreign applicants.
If you have a pending U.S. application or an issued U.S. patent and no registered practitioner of record, contact us before your next deadline.
How we help foreign applicants
| Service | What's included | Flat fee (USD) |
|---|---|---|
| New U.S. provisional application | Drafting or adapting your provisional application to U.S. format, filing with the USPTO | From $600 + USPTO fees |
| New U.S. non-provisional application | Drafting or adapting your non-provisional application to U.S. format, filing with the USPTO | From $1,200 + USPTO fees |
| Taking over a pending application | Filing a power of attorney, reviewing the file history, and docketing every deadline | From $250 |
| Office action responses | Analyzing the examiner's rejection and preparing a full response | From $500 |
| U.S. associate for foreign firms | Acting as U.S. practitioner of record on instructions from your home-country patent firm | Quote on request |
Why foreign clients choose Legacy Patents
- Flat fees in U.S. dollars. You know the full cost before work starts, with no monthly hourly bills.
- Direct access to your practitioner. Lauren handles your matter personally.
- Built for remote work. Consultations happen by video, and documents are signed electronically. We schedule across time zones.
- Clear deadline management. We track every USPTO deadline and tell you what's due well in advance.
- Payment by international wire or credit card.
Frequently asked questions
Do I need a U.S. patent agent if I live outside the United States?
Yes. Since July 20, 2026, foreign-domiciled patent applicants and owners must be represented by a USPTO-registered patent attorney or agent for nearly all filings.
What is the difference between a patent agent and a patent attorney?
Both are registered with the USPTO and can prepare, file, and prosecute patent applications. A patent attorney is also a licensed lawyer and can handle matters outside the USPTO, such as litigation or contracts. For filing and prosecution, a registered patent agent provides the same representation.
I already filed in my home country. Can I still file in the U.S.?
Usually, yes. You generally have 12 months from your first filing to file in the U.S. and claim priority. If you filed a PCT application, you typically have 30 months from your priority date to enter the U.S. national stage. Contact us early, because these deadlines are strict.
I have a pending U.S. application I filed myself. What do I do now?
Appoint a registered practitioner before you submit anything else. We can review your file, take over as practitioner of record, and handle your next response.
Do you work with foreign patent firms?
Yes. We can serve as the U.S. practitioner for your firm's clients on a flat-fee basis.
Book a free 30-minute video consultation. Tell us your country, your current filing status, and your next deadline. Lauren will reply personally, usually within one business day.