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(Message started by: ResidentAlien on May 28^th, 2007, 9:28pm)

Title: Aliens taking Patent Bar Exam
Post by ResidentAlien on May 28^th, 2007, 9:28pm

I read from the rules that in order for an alien to take the patent bar exam, he/she needs to be residing in the United States. How do you qualify to be residing in the States please?

If you fly over to stay for a week to take the exams, are you considered to be a resident alien? Or do you have to work or study there in order to qualify ?

Thanks for any replies!

Title: Re: Aliens taking Patent Bar Exam
Post by still_studying on May 29^th, 2007, 9:59am

If your plan is to fly in for a week, take the exam, and head back home, you will have wasted the cost of the airfare. Unless you are a U.S. citizen, you have to live and work in the U.S.A. "Resident" means "lives here".

Title: Re: Aliens taking Patent Bar Exam
Post by biopico on May 29^th, 2007, 5:34pm

My understanding is that permanent residency in the US is required to be registered to practice before the USPTO.

Title: Re: Aliens taking Patent Bar Exam
Post by pentazole on Jun 7^th, 2007, 3:20pm

From personal experience, I can tell you that you don't have to be a "permanent resident", but you have to be residing legally in the US, you also have the burden to prove that you are legally employed in patent prosecution in the US. Basically have to live here under H, L, TN, etc. Visa, have a firm hire you as a technical consultant, then you apply to the bar exam sending a copy of your legal documents along with a letter of emploment explicitly stating you are working in patent drafting/prosecution.

Title: Re: Aliens taking Patent Bar Exam
Post by biopico on Jun 10^th, 2007, 4:06pm

To confirm, call the OED director at USPTO. He will tell you exactly whether you are eligible to sit for the exam and practice before the USPTO.

Title: Re: Aliens taking Patent Bar Exam
Post by A Guest on Jun 13^th, 2007, 11:19pm

I concur with pentazole. Additionally, note that your visa (H, L, etc) document must also explicitly state that you can prosecute patents in front of USPTO upon successful passing of he patent bar. My application for appeariing in the patent bar exam was initially rejected by USPTO as didn't state so. I had to amend my H1b for that purpose.

Title: Re: Aliens taking Patent Bar Exam
Post by still_studying on Jun 15^th, 2007, 10:41am

I was going over the application (almost ready! woohoo!) the other night, and read through the "aliens" section.

First, the application form asks whether or not the applicant is a permanent resident, so clearly, that's optional.

Second, in reading the documentation with the app, it looks like anyone who is not a permanent resident is not issued a registration number, but instead is only granted "limited recognition".

The information is in the "General Requirements Bulletin" for the 2003 paper exam. I think it's on the USPTO website as "grb0403 (dot) pdf"

Title: Re: Aliens taking Patent Bar Exam
Post by patentsusa on Jul 1^st, 2007, 8:08pm

I was on an H-1 visa when I took the patent exam and was given a registration number. It was conditional on maintaining valid visa status and remaining in the country. When I obtained citizenship I just sent them a letter and they acknowledged it. But that was in the 80s.