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.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure