The previously announced U.S. Patent & Trademark Rule requiring patent applicants, assignees, and owners who are not domiciled in the U.S. to be represented by a USPTO registered patent attorney or agent is entered in-force today, July 20, 2026. This policy is cited by the U.S. Department of Commerce as common with those already existent in Japan and before the European Patent Office, for those familiar.
Foreign-domiciled patent applicants and owners are defined by being addressed in a Non-United States Jurisdiction. This is the same address used in Application Data Sheets, Powers of Attorney, and Inventor’s Declarations. As such, this includes:
- International companies, even if operating within U.S. jurisdiction
- Universities and Research Institutions, even if those institutions maintain a U.S. presence
- Any individual with a non-U.S. address, regardless of citizenship
If you fall into one of these categories, you cannot prosecute your U.S. patent application or manage your granted U.S. patent directly. Therefore, you must have a licensed U.S. representative file any Office Action responses, extensions, petitions, appeals, or otherwise on your behalf.
This rule applies to all patent applications and granted patents, regardless of filing or issue date.
Nath, Goldberg & Meyer represents clients from every corner of the world in U.S. patent matters. We assist international companies, entrepreneurs, research institutions, and foreign law firms with:
- U.S. patent application filing and prosecution
- Office Action responses
- Patent portfolio management and commercialization
- Coordination with foreign counsel
Whether you are filing your first U.S. patent application or managing an existing portfolio, our team of experts can help ensure your matters remain compliant with USPTO requirements. Please contact us at your convenience to find out how we can help.
