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   Foreigner- a patent agent in US ?
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smgsmc
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Re: Foreigner- a patent agent in US ?
« Reply #5 on: Jan 4th, 2008, 7:13am »
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on Jan 3rd, 2008, 8:02am, Isaac wrote:

 
I think the poster meant that the job duties as described in the immigration documents  need to include prosecuting applications.

Hi.  I have several friends who are foreigners evaluating job opportunities in the US, so I'm interested in this topic.  If I understand this thread properly, a foreigner can get an H1(b) visa to work in a job with duties including patent prosecution, **even though he is not qualified to prosecute patents because he has not passed the patent bar**.  He can then turn around and say "Hey, my job duties require me to prosecute patent applications.  Since I need to pass the patent bar to fulfill the job responsibilities (which I was not qualified to fulfill at the time I got my visa), I am now allowed to take to patent bar exam.  Is that the correct logical flow?  Thanks.
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asdf
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Re: Foreigner- a patent agent in US ?
« Reply #6 on: Jan 4th, 2008, 1:50pm »
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From what I've read here before, they would typically be hired as "technical specialists", whose duties involve assisting with patent applications.  Then, since their employment involves patent work, they can apply to take the exam so that they can obtain limited recognition.
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patentsusa
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Re: Foreigner- a patent agent in US ?
« Reply #7 on: Jan 4th, 2008, 11:54pm »
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The specific requirement is in 37 CFR 11.6.
http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_11_6.htm#cfr37 s11.6
 
" ...registration does not become inconsistent with the terms upon which the alien continues to lawfully reside in the United States"
 
When I did it from an H1 (about 20 years ago), they made the employer sign a statement that registration would not be inconsistent with the terms of my visa.
 
You could probably call OED and ask them.
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Deepak Malhotra, JD, BSEE
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Malhotra Law Firm
www.patentsusa.com
smgsmc
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Re: Foreigner- a patent agent in US ?
« Reply #8 on: Jan 5th, 2008, 10:49pm »
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on Jan 4th, 2008, 11:54pm, patentsusa wrote:
The specific requirement is in 37 CFR 11.6.
http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_11_6.htm#cfr37 s11.6
 
" ...registration does not become inconsistent with the terms upon which the alien continues to lawfully reside in the United States"
 

Double negative constructions such as "does not become inconsistent with" always leave me with a big (?!).  Let me rephrase the question thus:  "What are the additional necessary and sufficient conditions for a foreigner to be permitted to take the patent bar exam?"  That is, the necessary and sufficient conditions in addition to those which US citizens must meet (such as pertaining to education, criminal record, etc...).
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