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Author Topic: Am I eligible to take the patent bar exam?  (Read 543 times)

sunflower_fei

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Am I eligible to take the patent bar exam?
« on: 06-02-11 at 12:52 pm »

I am holding a F1 visa and using CPT to work in an IP company. My main job is patent drafting and prosecution.

Am I eligible to take the patent bar exam? Is a H1b visa required for taking the exam?
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SoCalProductDev

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Re: Am I eligible to take the patent bar exam?
« Reply #1 on: 06-02-11 at 07:26 pm »

According to the Requirements Bulletin:

E. ELIGIBILITY OF ALIENS: An applicant who is not a United States citizen and does not reside
in the U.S. is not eligible for registration except as permitted by 37 CFR § 11.6(c). Presently,
the Canadian Intellectual Property Office is the only patent office recognized as allowing
substantially reciprocal privileges to those admitted to practice before the USPTO. The
registration examination is not administered to aliens who do not reside in the United States.
An alien 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 United States Citizenship and Immigration Services
(USCIS). The evidence must include a copy of both sides of any work or training
authorization and copies of all documents submitted to and received from the USCIS
regarding admission to the United States and a copy of any documentation submitted to the
U.S. Department of Labor. A qualifying non-immigrant alien within the scope of 8 CFR
§ 274a.12(b) or (c) is not registered upon passing the examination. Such an applicant will be
given limited recognition under 37 CFR § 11.9(b) if recognition is consistent with the capacity
- - 9 - -
of employment or training authorized by the USCIS. Documentation establishing an
applicant’s qualification to receive limited recognition must be submitted with the applicant's
application.
Qualifying documentation would show 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.
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