AIPLA Comments to the USPTO on the Proposed Rulemaking for Required Use by Foreign Applicants and Patent Owners of a Patent Practitioner

Arlington, VA. January 28, 2026 - The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO in response to the NPRM for “Required Use by Foreign Applicants and Patent Owners of a Patent Practitioner.”

AIPLA generally supports the proposed rules relating to the use of a US Patent Practitioner and notes the Office’s goals of increasing examiner efficiency and reducing fraud. At the same time, AIPLA urges maintaining flexibility for US citizens and corporations.   Specifically, AIPLA urged that the Office: 1) Clarify that U.S. citizens domiciled abroad (and U.S citizens generally) would not lose their right to appear pro se; 2) Clarify the proposed changes to 37 C.F.R. §§1.31 and 1.33 regarding whether they apply to post-filing prosecution and/or specific post-grant activities, e.g. post-grant review; 3) Ensure that individual U.S. applicants do not forfeit their right to appear pro se simply by collaborating with foreign co-inventors; and 4) Confirm that all applicants, regardless of domicile, would be able to meet the minimum requirements to obtain a filing date without being required to use a U.S. Patent Practitioner. As a final note, AIPLA asked the Office to be mindful of harmonization efforts when implementing any rule package to ensure the rules are consistent with these efforts.

Click to the right to read the complete comments.