U.S. Counsel Rule for Patent Applications and Patents

Please note that the information on this webpage will continue to be updated as additional information becomes available.

The U.S. Patent and Trademark Office (USPTO) has updated the Rules of Practice in Patent Cases to require patent applicants and patent owners whose domicile is not located within the U.S. or its territories to be represented by a registered patent practitioner. This rule change is effective on July 20, 2026.

When representation is required, papers submitted to the USPTO must be signed by a registered patent practitioner. The new requirement applies to all papers received in patent matters on or after July 20, 2026, regardless of the filing date of the application.

Read the Federal Register Notice

Benefits

  • Increase efficiency and contribute to reductions in the backlog of unexamined U.S. patent applications as applications will be in better form for examination
  • Mitigate fraud before the USPTO and protect the integrity of the patent system 
  • Reduce false entity status claims and related fee deficiencies
  • Increase rule compliance and patent quality

Impacts

  • When representation is required, correspondence in patent matters including replies, amendments, application data sheets, micro entity certifications, information disclosure statements, petitions, and other correspondence will be required to be signed by a registered patent practitioner
  • Maintenance fee payments and recordation of assignment documents will not be affected

Additional resources


Contact us

If you have questions about the U.S. Counsel Rule, please review the Frequently Asked Questions (FAQs) above; for further patent examination policy questions, please email PatentPractice@uspto.gov 

For technical issues or troubleshooting with Patent Center, please contact the Patent Electronic Business Center at ebc@uspto.gov or 866-217-9197, Monday - Friday, 9 a.m. to 8 p.m. ET.