The USPTO changed its representation rules for foreign patent applicants on July 20, 2026. Foreign-domiciled applicants now generally need a registered practitioner to represent them before the Office, including in applications that were already pending when the rule took effect.
That does not mean every foreign company needs to hire a U.S. patent attorney or traditional law firm. A USPTO-registered patent agent can also prepare, file, and prosecute U.S. patent applications.
For companies building a U.S. patent portfolio, that distinction matters. This article explains what each credential covers and what matters more than the title when choosing a U.S. patent provider.
What changed for foreign patent applicants on July 20, 2026?
On July 20, 2026, the USPTO began requiring foreign-domiciled patent applicants and patent owners to be represented by a registered patent practitioner. The rule applies to documents the USPTO receives on or after that date, including in applications that were already pending. So a company that filed years ago can still be affected the next time it submits an amendment, response, or other paper to the Office.
For companies already working through a registered U.S. patent practitioner, little may change. The bigger impact is on foreign applicants that previously handled some or all of their U.S. patent work themselves.
What is the difference between a patent attorney and a patent agent?
For U.S. patent prosecution, the difference is narrower than many companies assume. Both patent attorneys and patent agents are registered to practice before the USPTO. Both can prepare patent applications, file them, respond to Office Actions, work with examiners, and prosecute an application through the patent process.
The main difference is that a patent attorney is also a lawyer and can advise on legal matters outside the scope of patent prosecution.
| Patent agent | Patent attorney | |
|---|---|---|
| Is registered to practice before the USPTO | ✓ | ✓ |
| Can draft U.S. patent applications | ✓ | ✓ |
| Can file provisional and non-provisional applications | ✓ | ✓ |
| Can respond to Office Actions and work with examiners | ✓ | ✓ |
| Can prosecute applications through the USPTO | ✓ | ✓ |
| Is a licensed attorney | ✗ | ✓ |
| Can provide broader legal services outside patent prosecution | ✗ | ✓ |
Both practitioners must qualify for USPTO registration and pass the patent bar. A patent attorney has the additional credentials required to practice law more broadly, but those credentials do not give the attorney additional authority over a patent application simply because they are an attorney.
For a company that needs inventions prepared, filed, and prosecuted before the USPTO, a registered patent agent can handle the core patent work from start to finish. This is also why the new foreign-applicant rule does not require foreign companies to hire a patent attorney. The rule permits representation by either a registered patent attorney or a registered patent agent.
How should a foreign company choose a U.S. patent provider?
Once you know that a registered patent agent can handle the same core USPTO work as a patent attorney, the practitioner's title becomes much less useful for comparing providers. What matters more is who will actually do the work, how well they understand the invention, and whether the process can support more than one filing.
Who will actually draft the application?
A strong patent agent who spends most of their time drafting and prosecuting applications may be a better fit than an attorney whose role is primarily supervisory or client-facing. Ask who will develop the claims and specification, how much drafting experience they have in related technologies, and who will stay involved after filing.
How will they get the technical detail they need?
Good patent drafting depends on more than a polished invention summary. The practitioner needs enough context to understand how the technology works, what was difficult about building it, and where the potentially protectable differences lie. If that information has to be reconstructed through repeated interviews months after the engineering work happened, the process becomes slower and more demanding on the technical team.
Can the process handle the next invention too?
A one-off filing can be managed almost anywhere. A company building a portfolio needs a repeatable way to surface inventions, develop them while the details are fresh, and move the strongest ones into drafting without rebuilding the workflow every time.
That is the model Patentext is built around. Companies use the platform to develop the invention and technical record before the matter reaches a practitioner. Approved inventions then move directly to USPTO-registered patent agents in Patentext's services arm for drafting, filing, and prosecution — provisionals are a flat-fee $3,600, and non-provisionals are $5,700.
Frequently asked questions
Does the patent practitioner have to be located in the United States?
No. The USPTO rule focuses on whether the practitioner is properly registered to practice before the Office. That said, in practice, most foreign companies will work with a USPTO-registered practitioner based in the United States.
Can our existing foreign patent counsel handle the U.S. filing?
Not usually on their own. A patent attorney qualified in another country does not automatically have authority to represent your company before the USPTO. Foreign counsel can still coordinate the broader portfolio, but the U.S. application generally needs a USPTO-registered practitioner.
If the U.S. filing is the main event rather than one piece of a larger international portfolio, working directly with the U.S. provider can also reduce handoffs between your technical team and the person actually drafting the application.
When does a foreign company actually need a patent attorney?
A patent attorney becomes more important when the work extends beyond preparing and prosecuting patent applications. That can include patent litigation, licensing and other transactional work, infringement opinions, or broader legal questions around ownership and commercial agreements.
For a company whose immediate need is to identify inventions, prepare U.S. applications, and prosecute them before the USPTO, a registered patent agent can handle the core patent work.
Do foreign companies have to hire a U.S. patent law firm?
No. The USPTO requires a registered patent practitioner, not a traditional law firm. A foreign company can work with a registered patent attorney, a registered patent agent, or a provider such as Patentext that incorporates registered practitioners into the filing process.
Patentext goes beyond the individual filing. The platform helps your team identify potentially patentable work and develop the technical record first. When you decide to move forward, the invention goes directly to a USPTO-registered practitioner for drafting and filing. That gives foreign companies both the required U.S. representation and a repeatable process for building a patent portfolio.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Patent laws are complex and vary by jurisdiction. For personalized guidance, consult a qualified patent attorney or agent.
