Effective July 20, 2026, the USPTO will prohibit foreign‑domiciled applicants from representing themselves in patent matters. This change applies broadly, without grandfathering based on filing date, and will require all foreign‑domiciled applicants, including Canadians, to use a registered patent practitioner, such as a Canadian patent agent with privileges before the USPTO.
Definition of terms
The USPTO calls applicants who do not have an agent pro se, meaning for oneself. Patents are rarely a do-it-yourself kind of thing.
Under United States law, domicile is defined as an individual’s true, fixed, and permanent home. Unlike in Canada, in the U.S. a “residence” is temporary. A domicile requires both physical presence in a location and the intent to remain there indefinitely or to return there when absent.
An applicant is the person or entity applying for a patent. A patentee is a patent owner. Herein, we use the term applicant only, but the comments also mostly apply to patentees.
In Canada, your representative before the patent office is called a patent agent. This person may or may not be a lawyer. PMP’s agents include Miles Steininger and Kurt Kolb. In the U.S., this person is a patent practitioner who has a USPTO registration number and may be a patent attorney (U.S. lawyer) or a patent agent (non-lawyer or non-U.S. lawyer).
Rule change — Canadians and others need a patent agent
The rules apply to applicants and patent owners whose domicile is outside the United States. Foreign‑domiciled applicants may continue to file and prosecute patent applications pro se only until July 20, 2026, when the new rule takes effect. The USPTO’s final rule explicitly states, and the USPTO FAQ confirms:
- “This rule is effective on July 20, 2026.”
No grandfather clause
Importantly, the USPTO also clarifies that applications filed before July 20 are not grandfathered:
- “The new rule applies to all patent matters beginning on the effective date… The original filing date of an application does not establish an exception to the rule.”
Why are the rules changing?
The USPTO initiated the rule change under its authority in 35 U.S.C. §2(b)(2). The Federal Register (91 FR 13510) makes this explicit: “The USPTO is amending the Rules of Practice in Patent Cases… pursuant to its authority under 35 U.S.C. 2(b)(2).”
This was not a congressional mandate or external directive; it was an internal regulatory change driven by the Office’s general goals of harmonization, efficiency, and fraud prevention. The USPTO gives various reasons, but the most relevant appears to be reducing USPTO resources spent assisting pro se applicants.
Note, the USPTO will still help pro se applicants domiciled in the U.S.
This applies to individuals and companies
Companies have always needed to have a patent agent (see 37 CFR §1.31). You may have been able to prosecute the matter for your company if you kept the inventor(s) as the applicant.
The new rule applies to any applicant whose domicile is outside the United States or its territories, regardless of whether the applicant is:
- an individual inventor
- a corporation
- a partnership
- a mixed group of U.S. and foreign applicants
The USPTO FAQ clarifies “Representation is required if at least one of the parties constituting the applicant has a domicile that is not located within the U.S. or its territories.” The Federal Register notice also repeatedly refers to foreign applicants/inventors and patent owners, without distinguishing entity type.
Your company will need a patent practitioner
Starting July 20, 2026, foreign‑domiciled applicants must use a registered U.S. patent practitioner (i.e., patent attorney or patent agent). The rule requires:
- All papers requiring a signature must be signed by a registered practitioner (otherwise they will not be entered).
This means foreign applicants will need to secure a practitioner who:
- Is registered with the USPTO under 37 CFR §11.6
- Is available to take on new matters
- Has expertise in the relevant technical field
- Is not conflicted out (e.g., representing a competitor)
- Fits your price range
- Communicates well and can work effectively with you
- Can handle ongoing prosecution, including amendments, IDS filings, petitions, and responses
Because the rule applies to all submissions after July 20, even applicants who filed pro se before that date will need a practitioner for any subsequent filings.
A Canadian patent agent can help Canadian applicants
For Canadians, finding an agent who is available, qualified, conflict‑free, and within budget starts with a search in Canada. Canadian agents are more cost-effective even before you apply currency conversion.
CPATA maintains a list of agents, many of whom can practice before the USPTO.
The Canadian agents with US registration can represent Canadians before the USPTO.
Conclusion
Perpetual is currently able to help those companies caught by this rule change, please contact us to see if there is mutual fit for our two teams.
