IP Law Daily, PATENT NEWS: USPTO final rule requires patent practitioner for foreign parties, (Mar 20, 2026)

By Jonathan Anderson

The Office said the change brings the United States in line with most other countries.

The U.S. Patent and Trademark Office (USPTO) has issued a final rule to require foreign applicants/inventors and patent owners to be represented by a registered patent practitioner. The USPTO said the new rule, just published in the Federal Register, harmonizes filing practices across IP offices, increases efficiency, enables more effective compliance, and helps mitigate fraud (91 Federal Register 1351, Mar. 20, 2026).

Comments. The USPTO published a notice of proposed rulemaking on Dec. 29, 2025. In response, the office said it received nine relevant comments from stakeholders, and that “most of the comments were supportive of implementing a requirement for foreign applicants/inventors to be represented by a registered patent practitioner, and included specific suggestions and questions.”

Final rule. On March 20, 2026, the USPTO published the final rule in the Federal Register. The final rule revises the rules in part 1 of title 37 of the Code of Federal Regulations to require foreign applicants/inventors and patent owners to be represented by a registered patent practitioner.

Rule rationales. In explaining the change, the USPTO said the final rule: (1) treats foreign applicants/inventors and patent owners similarly to how U.S. applicants/inventors and patent owners are treated in other countries; (2) increases efficiency; (3) enables the USPTO to more effectively use available mechanisms to enforce compliance with statutory and regulatory requirements in patent matters; and (4) enhances the office’s ability to respond to false certifications, misrepresentations, and fraud.

Harmonization. First, the USPTO said the new requirement will bring the United States in line with most other countries, which already require that foreign applicants/inventors and patent owners be represented by a licensed or registered person of that country. This action would harmonize filing practices across IP offices.

Efficiency. Second, the office said the final rule will increase efficiency. The USPTO said it spends significant resources assisting pro se inventors, which tend to require additional processing because application papers are not in condition for publication, examination, or both, and usually require patent examiners to spend additional examination time on procedural matters.

Compliance. Third, the office argued that the final rule affords more effective compliance by all foreign applicants/inventors and patent owners with U.S. statutory and regulatory requirements in patent matters. Registered patent practitioners are subject to the USPTO Rules of Professional Conduct and disciplinary sanctions for violations of those rules. Accordingly, registered patent practitioners have ethical obligations to the USPTO, including a duty to cooperate with inquiries and investigations. The office said there has been an increase in false micro entity certifications to claim a reduction in fees and other false certification documents being filed, and that requiring registered patent practitioners would make such submissions less likely.

Fraud mitigation. Finally, the USPTO said the final rule will enhance the office’s ability to respond to false certifications, misrepresentations, and fraud and help protect the integrity of the U.S. patent system.

News: Patent USPTO