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(Message started by: Zoyytie on Dec 11th, 2007, 5:51am)

Title: Foreigner- a patent agent in US ?
Post by Zoyytie on Dec 11th, 2007, 5:51am
hie.

Is a foreigner, alien or whatever u wanna call, eligible to be a patent agent (apply for exam) and work in the same capacity in US under following circumstances :

1. I already have a H1B and  working as a software engineer in NY.

2. I am an alien to US and contemplating to apply for H1B after clearing patent agent exam if eligible at all.....




Title: Re: Foreigner- a patent agent in US ?
Post by ap  jhg on Dec 11th, 2007, 8:36pm
You can appear for the patent bar ONLY IF your current H1b clearly states that you can prosecute patent application before the US Patent office.

For all practical purposes, that is possible only if you already work in a IP firm as a technical specialist.  I took this route.

Title: Re: Foreigner- a patent agent in US ?
Post by katie on Jan 2nd, 2008, 1:39pm
Me too.

Title: Re: Foreigner- a patent agent in US ?
Post by smgsmc on Jan 2nd, 2008, 6:18pm

on 12/11/07 at 20:36:06, ap jhg wrote:
You can appear for the patent bar ONLY IF your current H1b clearly states that you can prosecute patent application before the US Patent office.

For all practical purposes, that is possible only if you already work in a IP firm as a technical specialist. I took this route.

??I thought you had to pass the patent bar before you can prosecute a patent application.  Or do you mean assist in the preparation of a patent application?

Title: Re: Foreigner- a patent agent in US ?
Post by Isaac on Jan 3rd, 2008, 8:02am

on 01/02/08 at 18:18:47, smgsmc wrote:
??I thought you had to pass the patent bar before you can prosecute a patent application. Or do you mean assist in the preparation of a patent application?


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

Title: Re: Foreigner- a patent agent in US ?
Post by smgsmc on Jan 4th, 2008, 7:13am

on 01/03/08 at 08:02:29, 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.

Title: Re: Foreigner- a patent agent in US ?
Post by asdf on Jan 4th, 2008, 1:50pm
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.

Title: Re: Foreigner- a patent agent in US ?
Post by patentsusa on Jan 4th, 2008, 11:54pm
The specific requirement is in 37 CFR 11.6.
http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_11_6.htm#cfr37s11.6

" ...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.

Title: Re: Foreigner- a patent agent in US ?
Post by smgsmc on Jan 5th, 2008, 10:49pm

on 01/04/08 at 23:54:51, patentsusa wrote:
The specific requirement is in 37 CFR 11.6.
http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_11_6.htm#cfr37s11.6

" ...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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