How does the USPTO handle representation by foreign attorneys or agents?
The USPTO has specific rules for representation by foreign attorneys or agents:
- Foreign attorneys or agents who are not registered to practice before the USPTO and do not reside in the U.S. are not permitted to represent patent applicants before the USPTO.
- There is an exception for Canadian patent agents under limited recognition.
- Applicants may be represented by a registered attorney or agent who is not residing in the United States.
According to MPEP 402.01: No attorney or agent residing in a foreign country may be registered to practice before the United States Patent and Trademark Office.
This emphasizes the importance of proper registration and residency for patent practitioners.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure