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   Taking the Patent Bar on OPT
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   Author  Topic: Taking the Patent Bar on OPT  (Read 2661 times)
jd78605w
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Taking the Patent Bar on OPT
« on: May 2nd, 2006, 11:51am »
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I applied to take the patent bar 3-4 weeks back and got a response in mail yesterday saying that my application has been denied for incompleteness based on immigration status.
 
Has someone here taken this test while on an F-1 Visa or while on Optional Practical Training (OPT)? If yes, did you have such an issue during the application? How did you solve it?
 
The reason cited by the staff attorney at OED is that; unless I have a job (on H-1B) which requires me to do preparation and prosecution work on patent applications before the USPTO, I cannot take the exam. This is confusing because many people take this exam as students before and during law school. Is this policy not applicable to international students?
 
Also, another reason that the staff attorney at OED has mentioned is that "according to my OPT petition to the USCIS (US Citizenship and Immigration Services) my employment must be related to Computer Science". Will working as a patent agent in a law firm, preparing and prosecuting patent applications in the software arts and Internet business methods, not be considered as being related to computer science? In fact, my background might be the only reason an employer will be willing to hire me.
 
Please advise as to how do I go about solving this issue.
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Isaac
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Re: Taking the Patent Bar on OPT
« Reply #1 on: May 2nd, 2006, 2:17pm »
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on May 2nd, 2006, 11:51am, jd78605w wrote:
The reason cited by the staff attorney at OED is that; unless I have a job (on H-1B) which requires me to do preparation and prosecution work on patent applications before the USPTO, I cannot take the exam. This is confusing because many people take this exam as students before and during law school. Is this policy not applicable to international students?

 
Taking the exam on a student visa used to be allowed, but apparently is no longer allowed.
 
Quote:
Will working as a patent agent in a law firm, preparing and prosecuting patent applications in the software arts and Internet business methods, not be considered as being related to computer science? In fact, my background might be the only reason an employer will be willing to hire me.

 
Your student status will not allow you to take such a job.  You need an immigration status that allows you to take such a job before you can take the registration exam.  
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Isaac
jd78605w
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Re: Taking the Patent Bar on OPT
« Reply #2 on: May 2nd, 2006, 9:32pm »
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on May 2nd, 2006, 2:17pm, Isaac wrote:

Taking the exam on a student visa used to be allowed, but apparently is no longer allowed.
 
Your student status will not allow you to take such a job.  You need an immigration status that allows you to take such a job before you can take the registration exam.  

 
This is confusing because, nowhere in the general requirements bulletin did it say that I will be ineligible to take the exam if I am on a student visa.  
Also, does this mean that only if I get a job in the IP legal industry, I will gain eligibility for taking the test?
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chekcv
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Re: Taking the Patent Bar on OPT
« Reply #3 on: May 2nd, 2006, 10:07pm »
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what are you so confused about?
 
You are on a student visa, and the PTO requires a person with at least a H1-visa.    
 
These are two completely and distinct types of visas we are talking about.  
 
Student Visa holders are not eligible to take the exam unless you become a U.S perminent resident or get a H1visa
 
Sorry, don't ask me about how to become a US perminent resident.  I am not a immigration lawyer.
 
 
 
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Isaac
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Re: Taking the Patent Bar on OPT
« Reply #4 on: May 3rd, 2006, 7:32am »
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on May 2nd, 2006, 9:32pm, jd78605w wrote:

 
This is confusing because, nowhere in the general requirements bulletin did it say that I will be ineligible to take the exam if I am on a student visa.

 
You're correct as far as that goes, but if you read the requirements bulletin you'll see that it says that aliens can be registered provided that such registration is not inconsistent with the terms of the alien's admission.   Maybe that's vague, but the PTO has explained to you what it means.  
Quote:

Also, does this mean that only if I get a job in the IP legal industry, I will gain eligibility for taking the test?

 
Not exactly true, but close enough for all practical purposes.
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Isaac
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