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Topic: Examiners passing out of patent bar (Read 2182 times) |
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asfasgag
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Examiners passing out of patent bar
« on: Apr 19th, 2007, 12:04am » |
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(I won't ask this question at work because I don't want people to know I'm thinking about leaving.)
I'm an examiner and thinking that I may eventually leave and become an agent and/or go to law school.
Consulting 37 CFR § 11.7(d)(1) uspto.gov/web/offices/pac/mpep/documents/appxr_11_7.htm it says that among other things, the examiner needs to have "Received a certificate of legal competency and negotiation authority;
This section fails to define the certificate so it's unclear what this means. Examiners who are GS 11 and above can take the GS 13 exam. Does this certificate mean that you passed the GS 13 exam or is it partial signatory authority or is it full signatory authority/GS 14?
Anyone familiar with this? Thanks.
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same as above
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Re: Examiners passing out of patent bar
« Reply #1 on: Apr 19th, 2007, 12:09am » |
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Oh also anyone know the policy on waiting a year before serving before the office? Does that mean you can still take the exam during the 1st year but can't actually get a reg # until a year is up or you can't even signup for the exam?
Thanks
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Isaac
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Re: Examiners passing out of patent bar
« Reply #2 on: Apr 19th, 2007, 6:44am » |
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on Apr 19th, 2007, 12:09am, same as above wrote:| Oh also anyone know the policy on waiting a year before serving before the office? Does that mean you can still take the exam during the 1st year but can't actually get a reg # until a year is up or you can't even signup for the exam?Thanks |
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Hopefully somebody who knows about the certificate will respond to your first question.
I'm not aware of any 1 year policy before representing clients. There is a 1 year rule that would interfere with submitting applications having you as an inventor, but that isn't what you ask about here. I had my registration number reactivated the same day I left the PTO. There is no rule preventing you from taking the exam while at the PTO and then having your number activated if you decide to leave.
There are rules against handling matters that you worked on as an examiner, but the rule against working on cases that are assigned to your old art unit for two years has been done away with.
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Isaac
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guest01
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Re: Examiners passing out of patent bar
« Reply #3 on: Apr 24th, 2007, 7:20pm » |
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You can take the certification exam anytime after you are a GS-11. You have to have the cert exam + 4 years of examining experience to waive the registration exam. That means 4 years of being an examiner AFTER you pass the cert exam. Check the OED website.
The cert exam is similar to the reg exam, but doesn't include some of the topics that are on the reg exam like fees.
It is my understanding that even with a reg number a former examiner cannot prosecute (sign) applications in the TC area in which they examined for one year after leaving the office. This should be somewhere online on either the OED site or HR site or it is in the ethics section of 37 CFR. I know its out there because I've seen it, but that was many moons ago.
Maybe a recent-former examiner will chime in.
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Isaac
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Re: Examiners passing out of patent bar
« Reply #4 on: Apr 25th, 2007, 6:42am » |
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on Apr 24th, 2007, 7:20pm, guest01 wrote:| It is my understanding that even with a reg number a former examiner cannot prosecute (sign) applications in the TC area in which they examined for one year after leaving the office. |
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This portion of the rule has been dropped.
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Isaac
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