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   Can a Canadian sit in the US patent agent exam?
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   Author  Topic: Can a Canadian sit in the US patent agent exam?  (Read 684 times)
Kenneth
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Can a Canadian sit in the US patent agent exam?
« on: Apr 24th, 2007, 3:30am »
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Hi,
 
I am a Canadian not living in the US.  I am thinking to take the USPTO patent agent exam.  Am I eligible?  I am not a Canadian patent agent.
 
Thanks
 
Kenneth
P.S. Sorry if this question may have been asked before.
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patentsusa
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Re: Can a Canadian sit in the US patent agent exam
« Reply #1 on: Apr 24th, 2007, 10:33pm »
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If you become registered in Canada, you can get a registration number in the U.S. without taking the exam for the limited purpose of representing Canadian clients before the USPTO.  You are probably already aware of that.
 
I moved from Canada to the U.S. and took the U.S. patent bar exam before obtaining my U.S. citizenship.  They required proof that taking the exam was not inconsistent with my visa status in the U.S.  At the time, I was on an H-1 visa and there was no problem, I just sent them a copy of it.
 
You can take the exam but you'll need to be resident in the U.S. on a visa of some sort.  The NAFTA Free Trade visa is pretty easy to get, you only need a job offer, a degree, and the fee.
 
From 37 CFR 10:
When appropriate, any alien who is not an attorney, who lawfully resides in the United States, and who fulfills the requirements of this part may be registered as a patent agent to practice before the Office, provided: Registration is not inconsistent with the terms upon which the alien was admitted to, and resides in, the United States, and further provided: The alien may remain registered only (1) if the alien continues to lawfully reside in the United States and registration does not become inconsistent with the terms upon which the alien continues to lawfully reside in the United States...
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Deepak Malhotra, JD, BSEE
Registered Patent Attorney
Malhotra Law Firm
www.patentsusa.com
stillstudying
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Re: Can a Canadian sit in the US patent agent exam
« Reply #2 on: Apr 25th, 2007, 7:33pm »
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Non-U.S.-citizens can only practice if they are resident in the U.S.  There is some sort of reciprocity agreement with Canada, but I think you have to be a Canadian agent/atty in order to qualify under it.
 
Disclaimer: I may be completely incorrect about the second part.  (I'm reasonably certain about the residency requirement for noncitizens;  I think it's even mentioned in the application form.)
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