Intellectual Property Forums


    
      
        Intellectual Property Forums
        (http://www.intelproplaw.com/Forum/Forum.cgi)
      

        
        
(Message started by: CY on Jun 10^th, 2005, 8:43am)

Title: foreigner / chance to take the exam and get job ?
Post by CY on Jun 10^th, 2005, 8:43am

Hi all!

I am a Canadian-Chinese. I got my bachelor degree of mechanical engineering in 1993 in China. Then I was hired by a patent firm as a patent assistant. I passed the exam and became a registered patent agent in 1994, then worked in this patent firm for 5.5 years as a patent agent. My daily work was consultation and writing patent applications for the applicants. Then I immigrated to Canada, finished a two year college program with a computer programmer diploma. Then I was hired as software developer, web developer for the past three years. I got my Canadian citizenship. Now my husband will relocate to Fremont, California. Again I am thinking if I can go back to the patent field in US.

How high do u think my chances to get a job in the US are? In a law firm? Or in a corporation? Am I qualified to sit for the patent agent exam of US?

Thanks for your advices guys! This is really important to me!

Title: Re: foreigner / chance to take the exam and get jo
Post by Wiscagent on Jun 10^th, 2005, 9:05am

Cy, please clarify. You wrote "I passed the exam and became a registered patent agent ..."

Were you a patent agent in the United States? If so, did you somehow lose your agent status?

Title: Re: foreigner / chance to take the exam and get jo
Post by patento on Jun 10^th, 2005, 9:06am

on 06/10/05 at 09:05:49, Wiscagent wrote:

Cy, please clarify. You wrote "I passed the exam and became a registered patent agent ..."

Were you a patent agent in the United States? If so, did you somehow lose your agent status?

Perhaps, she is talking about passing patent bar in China.

Title: Re: foreigner / chance to take the exam and get jo
Post by CY on Jun 10^th, 2005, 9:07am

In 1994 I passed the patent agent exam of China, then became a registered patent agent. I then worked 5.5 years in the patent firm as a patent agent in China.

Title: Re: foreigner / chance to take the exam and get jo
Post by IPLVR on Jun 10^th, 2005, 9:52am

Firms would be drooling over you. China seems to be the "trendy" market to chase right now.

Title: Re: foreigner / chance to take the exam and get jo
Post by anonymous1 on Jun 10^th, 2005, 11:44am

IPLVR - Why do you arrive at the conclusion that she would be such a strong draw for US law firms? China is trendy, but I think most of the work done there is more manufacturing-type work and not high-tech work, no?

Bangalore is where the high-tech work is, I think. I wonder what you'd think about the prospects for a registered US patent agent, with 2+ years of prosecution experience, that is of Indian descent, speaks the language, understands the culture and has lived there for a number of years (describing myself)?

Thanks.

Title: Re: foreigner / chance to take the exam and get jo
Post by CY on Jun 10^th, 2005, 2:04pm

I read the "General Requirements for Admission to the Examination for Registration to Practise In Patent Cases Before USPTO", there is 11.6 (c) for "foreigners" in the first section "General Registration Information", it says "Any foreigners not the resident of the United State...". I will relocate to US on TD visa, will that mean I am a resident of US or not? Thanks guys!

Title: Re: foreigner / chance to take the exam and get jo
Post by Jonathan on Jun 10^th, 2005, 3:09pm

Assuming all your US government immigration papers are in order, then you would be a legal resident of the U.S. . That doesn't make you automatically qualified for this particular requirement.

Here is the relevent text from the general requirements bulletin:

Aliens residing in the United States may apply to take the registration examination. To be
admitted to the examination, an applicant must establish that recognition is consistent with the
capacity of employment authorized by the Unites States Citizenship and Immigration Services
(USCIS) (formerly U.S. Immigration and Naturalization Service ("INS")). The evidence must
include a copy of both sides of any work or training authorization and copies of all documents
submitted to and received from the USCIS regarding admission to the United States and a copy of
any documentation submitted to the U.S. Department of Labor. Qualifying non-immigrant aliens
within the scope of 8 CFR § 274a.12(b) or (c) are not registered upon passing the examination.
Such applicants will be given limited recognition under 37 CFR § 11.9(b) if recognition is
consistent with the capacity of employment or training authorized by the USCIS. Documentation
establishing an applicant’s qualification to receive limited recognition must be submitted with the
applicant's application.

Qualifying documentation shows that the USCIS has authorized the applicant to be employed or
trained in the capacity of representing patent applicants before the USPTO by preparing and
prosecuting their patent applications. Any USCIS approval pending at that time will result in the
applicant's application being denied admission to the examination.

Title: Re: foreigner / chance to take the exam and get jo
Post by patento on Jun 10^th, 2005, 3:34pm

H1, L1 and TN visa should be acceptable to USPTO. Since you are a Canadian Citizen, you may come and work in US on TN visa.

Title: Re: foreigner / chance to take the exam and get jo
Post by CY on Jun 10^th, 2005, 5:14pm

Hi, Jonathan,

Can you please clarify the information you just gave above?

Do you mean that I should first get a Job in US with TN visa, then I will be admitted to take the patent agent exam? I am confused, thanks for the input.

Title: Re: foreigner / chance to take the exam and get jo
Post by Jonathan on Jun 10^th, 2005, 8:02pm

I am not telling you what to do. I am just commenting on qualifying to take the patent bar exam. But, no - you do not need to first get a job to take the patent bar exam.

From Patento's previous message, it appears you may perhaps not have a correct visa to qualify as a non-American citizen to sit for the patent bar exam. I have no knowledge in this area, though and you should not necessarily take what is said on here as the last word.

If you do apply to take the patent bar exam, it may be worthwhile to first call the Office of Enrollment and Discipline to find out if your visa status is adequate.

Title: Re: foreigner / chance to take the exam and get jo
Post by Isaac Clark on Jun 11^th, 2005, 2:18am

The rules allow registration of aliens when the immigration
status is not inconsistent with registration, and limited recognition
by the Director under circumstances over which the Director
has discretion.

Unlike state governments, the federal government can exercise
foreign policy within its decision of whom to register. It
just is not clear from the rules exactly what the policy is.
You are going to have to get the PTO to determine when and if
you qualify for limited recognition. Qualifying for registration
is less discretionary but probably more restrictive.

Title: Re: foreigner / chance to take the exam and get jo
Post by CY on Jun 11^th, 2005, 6:29am

Thanks guys for all the inputs.

I have read a decision made by OED for a petitioner with Canadian Citizenship and working for a patent firm of US under TN visa. It helps me understand a little bit more. The link is http://www.uspto.gov/web/offices/com/sol/foia/oed/legal/legal11.pdf

patento, do you think it's possible for me to find a job in US using my previous experience of working as a patent agent in China. If the answer is yes, can you give some suggestions of what the firm would use me for?

To all,
And if I couldn't find patent related job in US, but I got a IT job in US under TN, would I be qualified to sit in the exam. In the above metioned decision, it says that TN visa means limited right of only working for one employer in a limited period, so if taking exam means I have chance to work for other employer and other field.

What is the job classfication of a patent agent's TN?

I appreciate for all the inputs.

Title: Re: foreigner / chance to take the exam and get jo
Post by Anon on Jun 13^th, 2005, 12:09am

Just a complete guess here, but my instincts tell me that you would be qualified to sit in the exam regardless of the job for which you receive your TN. Unlike Canada and the EU (and elsewhere), the USPTO doesn't require you to have any sort of job experience to sit for the exam. But they are pretty picky about your educational experience.

So for me, the real question is how OED would handle your transcripts from China. That is, would they equate your ME from China with an ME from the US? To this question, I have no answer. Anyone else have any thoughts on this?

Title: Re: foreigner / chance to take the exam and get jo
Post by patento on Jun 13^th, 2005, 8:37am

Get your education evaluated (see http://www.ierf.org/ ... there are many such organizations)

Also, if your transcripts are not in English, get them translated. Send both evaluation and original transcripts (along with the translation ) to OED with the request to send the originals back.

Call OED (before you do any of the above), they will guide you through this.

on 06/13/05 at 00:09:52, Anon wrote: