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(Message started by: junsp77 on May 31st, 2007, 1:18am)

Title: Eligibility issue I want to ask about
Post by junsp77 on May 31st, 2007, 1:18am
Hello, thanks for the voluntary help from you guys.

I have degree of BS, MS in Biomedical Engineering from a school in U.S.

Although I studied in U.S. from high school and have degrees in univ., I still don't have a permanent residentship, officially alien in this land.

Can I still take Patent Bar to become a patent agent ?

To help out, here is a statement to refer to: "The USPTO will require that all applicants be citizens, alien residents in good standing, or foreigners in good standing to serve with their own patent offices. "

Sounds like I need to be employeed by a patent office or at least already working for one to be eligibile to take Patent Bar, which to me, not making much sense.

Anybody who can help me on this issue ?

thanks

Title: Re: Eligibility issue I want to ask about
Post by Bill Richards on May 31st, 2007, 3:57am

on 05/31/07 at 01:18:36, junsp77 wrote:
Can I still take Patent Bar to become a patent agent ?

Maybe.  Check here (http://uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf).

Title: Re: Eligibility issue I want to ask about
Post by helene_eur_att on May 31st, 2007, 7:58am
You can check "General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases Before the USPTO"
Part III-E which concerns ELIGIBILITY OF ALIENS

Applicants who are not United States citizens and do not reside in the U.S. are not eligible for registration except as permitted by 37 CFR 11.6(c). Presently, the
Canadian Patent Office is the only Patent Office recognized as allowing substantially reciprocal
privileges to those admitted to practice before the USPTO.
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 USCIS. 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.
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.

Hope that this helps!

Title: Re: Eligibility issue I want to ask about
Post by still_studying on Jun 4th, 2007, 7:27pm
If you are still in the U.S. on your student visa, and if that student visa allows you to work for a year or two after graduation, you MIGHT be eligible.  (This is/was the "training period" that the old J-1 visa allowed -- it's been 15 years since I worked with people who used those, so the rules may be different now.)  You would need to talk with the USPTO to find out whether they would consider that sufficient.

That said, it still might not be useful to you, since you wouldn't be able to practice as a USPTO registered patent agent if you leave the U.S. after your training period (rather than pursuing permanent residency).  You might be better off working as a biomed engineer.  A patent firm in your home country might still look favorably on the experience you gained as a patent agent, however.

JMHO.  Good luck.



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