The short answer
The USPTO published a final rule in the Federal Register on 20 March 2026. From 18 July 2026, patent applicants and patent owners whose domicile is outside the United States must be represented by a registered US patent practitioner. Foreign trademark filers have had a similar US-attorney rule since 2019.
What the rule says
The rule applies to patent applicants and owners who are not domiciled in the United States or its territories. They must act through a practitioner registered to practise before the USPTO in patent matters.
- Published in the Federal Register on 20 March 2026.
- Effective 120 days later, on 18 July 2026.
- The earlier US-attorney rule for foreign-domiciled trademark filers is a separate rule that began on 3 August 2019.
Some websites mix up the trademark rule of 2019 with this 2026 patent rule. They are two different rules.
Who must act
Inventors, startups and companies in Bangladesh, India and any other country that file US patent applications or own US patents. Many already use US counsel through a foreign associate, but filings made directly by the applicant are no longer possible.
What to do now
List your US patent matters
- Applications and granted patents that you handle directly.
Appoint a registered US practitioner
- Do this before 18 July 2026 for any matter that is still active.
Check the official text
- Read the Federal Register notice and USPTO guidance for transition details.
Questions and answers
When does the USPTO patent rule start?
On 18 July 2026, 120 days after publication on 20 March 2026.
Is this the same as the 2019 trademark rule?
No. The trademark rule requires foreign-domiciled filers to use a US-licensed attorney and has applied since 3 August 2019. The 2026 rule is for patents.
Do I need a US agent for a PCT filing?
This post covers US patent filings and prosecution at the USPTO. Ask your counsel about how it applies to your PCT national-phase entry.
Filing a patent in the United States?
SUPREMEiP® works with US counsel so that Bangladeshi and Indian inventors comply with the new rule.
