USPTO Issues Proposed Rule Requiring Registered U.S. Patent Practitioner for Foreign Patent Applicants and Owners

On December 23, 2025, the USPTO filed a Notice of Proposed Rulemaking (NPRM No. 2025-23917), proposing that all foreign-domiciled patent applicants, patent owners, and other parties be represented by a U.S.-registered patent practitioner in all patent matters before the USPTO.  

Under current practice, foreign applicants and patent owners are generally allowed to proceed “pro se,” meaning that they may file, prosecute, and manage certain U.S. patent matters without representation by a registered U.S. patent practitioner.  The proposed rule would require a U.S. patent practitioner for all patent matters, even those that are merely administrative. For example, under the proposed rule, even payment of maintenance fees may require involvement of a U.S. patent practitioner. 

As the USPTO explained in its proposed rule change, it seeks to bring U.S. practice into closer alignment with other Intellectual Property Offices, as most foreign patent offices already require local representations for foreign applicants.  Specifically, the proposed rule seeks to reduce unauthorized practice, increase efficiency by eliminating resources for handling pro se filings, strengthen the USPTO’s enforcement of patent law compliance, and mitigate fraud. 

If implemented, the new rule would underscore the importance of early and on-going engagement with U.S. patent practitioners for foreign applicants and patent owners.  

The USPTO is soliciting public comment on the proposed rule, with the comment period scheduled to close on January 28, 2026.