How does the USPTO handle representation by foreign attorneys or agents?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.