Non-citizens can take the patent bar exam. They just have to be legal residents and provide the necessary documentation to the Office of Enrollment and Discipline.
Foreign attorneys can also take the exam but can only represent clients in their foreign country for their U.S. applications.
From the general requirements bulletin:
§ 11.6 Registration of attorneys and agents.
(a) Attorneys. Any citizen of the United States who is an attorney and who fulfills the
requirements of this Part may be registered as a patent attorney to practice before the Office.
When appropriate, any alien who is an attorney, who lawfully resides in the United States, and
who fulfills the requirements of this Part may be registered as a patent attorney to practice
before the Office, provided that such registration is not inconsistent with the terms upon which
the alien was admitted to, and resides in, the United States and further provided that the alien
may remain registered only: (1) If the alien continues to lawfully reside in the United States
and registration does not become inconsistent with the terms upon which the alien continues
to lawfully reside in the United States, or (2) If the alien ceases to reside in the United States,
the alien is qualified to be registered under paragraph (c) of this section. See also § 11.9(b).
(b) Agents. Any citizen of the United States who is not an attorney, and who fulfills the
requirements of this Part may be registered as a patent agent to practice before the Office.
When appropriate, any alien who is not an attorney, who lawfully resides in the United States,
and who fulfills the requirements of this Part may be registered as a patent agent to practice
before the Office, provided that such registration is not inconsistent with the terms upon which
the alien was admitted to, and resides in, the United States, and further provided that the alien
may remain registered only: (1) If the alien continues to lawfully reside in the United States
and registration does not become inconsistent with the terms upon which the alien continues
to lawfully reside in the United States or (2) If the alien ceases to reside in the United States,
the alien is qualified to be registered under paragraph (c) of this section. See also § 11.9(b).
(c) Foreigners. Any foreigner not a resident of the United States who shall file proof to the
satisfaction of the OED Director that he or she is registered and in good standing before the
patent office of the country in which he or she resides and practices, and who is possessed of
the qualifications stated in § 11.7, may be registered as a patent agent to practice before the
Office for the limited purpose of presenting and prosecuting patent applications of applicants
located in such country, provided that the patent office of such country allows substantially
reciprocal privileges to those admitted to practice before the Office. Registration as a patent
agent under this paragraph shall continue only during the period that the conditions specified
in this paragraph obtain…
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Topic: PhD in Electrical Engg. & wanna be a patent ag (Read 3516 times)
