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   Author  Topic: Non-US citizens and the patent bar exam  (Read 2646 times)
Ronan McDaid
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Non-US citizens and the patent bar exam
« on: Oct 3rd, 2006, 9:18pm »
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Hi Guys,
 
im wondering is it still possible for a non-US citizen that is here on a H1-B visa to take the patent bar exam??
 
Ive got conflicting reports from people so im looking for someone who knows the real answer to this question.
 
I have the appropriate technical background, but i am working in cancer research at UPENN at the minute, and really want to get into this profession.
 
Thanks alot.
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Isaac
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Re: Non-US citizens and the patent bar exam
« Reply #1 on: Oct 4th, 2006, 7:13am »
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on Oct 3rd, 2006, 9:18pm, Ronan McDaid wrote:
Hi Guys,
 
im wondering is it still possible for a non-US citizen that is here on a H1-B visa to take the patent bar exam??

 
You can take the bar exam if your duties forming the basis of your H1-B visa include prosecuting patents.    That means you have to have a job lined up before you can take the exam.
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Isaac
biopico
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Re: Non-US citizens and the patent bar exam
« Reply #2 on: Oct 4th, 2006, 7:48am »
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on Oct 3rd, 2006, 9:18pm, Ronan McDaid wrote:
Ive got conflicting reports from people so im looking for someone who knows the real answer to this question.

 
Please check the following:
 
http://www.uspto.gov/web/offices/dcom/olia/oed/grb15nov05.pdf
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Registered Patent Agent Specializing in All Areas of Biotechnology
Caffy Patent
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Re: Non-US citizens and the patent bar exam
« Reply #3 on: Oct 8th, 2006, 7:48pm »
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It is my understanding that you CAN take the exam, but you canNOT be registered as a patent agent (with limited recognition) UNLESS you submit "documentation showing that you are curently employed by an employer where the job description of your position authorizes you to prepare and prosecute patent applications before the USPTO or to be trained to perform such tasks."  My interpretation of the pdf Bulletin above (and 8 CFR Section 274a.12(b) or (c)) and the letter I received from the USPTO is that such documentation may be (for example) copies of documents submitted to and received from the USCIS as listed in section E "Eligibility of Aliens" of the Bulletin, plus a letter of employment stating that you are employed to prepare and prosecute patent applications before the USPTO.
 
If you just want to take the exam, you can go ahead and try submitting your application documents as specified in the Bulletin.  They will return most of the money back if they decide that you are unlucky (this is why you may have conflicting reports) and not elligible, and/or will give you the chance to submit any missing documents.   I was the lucky one.
 
All I can be sure of is that you CAN (sometimes? depending on the USPTO person who handles your application??!!!) take the exam.  I cannot be sure about getting registered as a patent agent because I have not tried it myself.  
 
In any even, read the Bulletin carefully before submitting your application and make sure that you know you are elligible to take the examination.
 
Good luck!
 
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blue-elf
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Re: Non-US citizens and the patent bar exam
« Reply #4 on: Nov 1st, 2006, 2:50pm »
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on Oct 8th, 2006, 7:48pm, Caffy Patent wrote:
It is my understanding that you CAN take the exam, but you canNOT be registered as a patent agent (with limited recognition) UNLESS you submit "documentation showing that you are curently employed by an employer where the job description of your position authorizes you to prepare and prosecute patent applications before the USPTO or to be trained to perform such tasks."  My interpretation of the pdf Bulletin above (and 8 CFR Section 274a.12(b) or (c)) and the letter I received from the USPTO is that such documentation may be (for example) copies of documents submitted to and received from the USCIS as listed in section E "Eligibility of Aliens" of the Bulletin, plus a letter of employment stating that you are employed to prepare and prosecute patent applications before the USPTO.
 
If you just want to take the exam, you can go ahead and try submitting your application documents as specified in the Bulletin.  They will return most of the money back if they decide that you are unlucky (this is why you may have conflicting reports) and not elligible, and/or will give you the chance to submit any missing documents.   I was the lucky one.
 
All I can be sure of is that you CAN (sometimes? depending on the USPTO person who handles your application??!!!) take the exam.  I cannot be sure about getting registered as a patent agent because I have not tried it myself.  
 
In any even, read the Bulletin carefully before submitting your application and make sure that you know you are elligible to take the examination.
 
Good luck!
 

Thanks for share the experience.  So I still have a question. Suppose I took the examination while I hold H1B visa, could I still get full recongnization if I got my green card, for example, within a year after the exam?
 
Blue-elf
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