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[chem]

Dear all,

I was wondering if there are legal problems for a foreigner (e.g. a german chemist, PhD) to become a patent attorney in the US? Well apart from the fact that one would have to get a JD from an american university... Could anyone help?

Thanks. Chem.

[Isaac]

I believe the hurdles are

1) Establishing an immigration status that will allow you to take the exam.

2) Convincing the PTO that you meet the educational prerequisites for registration as a patent attorney.

I think the obstacles particular to foreigners for obtaining a license as an attorney are actually a lot lower than those of becoming a registered patent agent/attorney.  The states aren't allowed to have residency requirements etc.   A few states will accomodate some applicants who have JDs from foreign law schools, but I recommend checking on the specifics before assuming you can do this.

[chem]

Thanks for the quick reply.

1) I guess if I would go for the classical-day-time-patent- agent-night-shift-student route I would work having a H1B status.
2) At the moment I am getting my Chemistry PhD certified by the WES (World Education Service). If I would then (hopefully) end up with a JD from a ABA accredited law school (eg. Fordham) would it be a problem to register as a patent attorney?

Since I am seriously considering this kind of career change, I just wanted to be sure that there is no funny legal trick which I should know before...

Thanks for your help. Chem.

[Isaac]

I'm by no means an expert on this but I've participated in some online discussions and looked at the PTO rules a bit.

I believe H1B status would allow you to take the registration exam, but I do not think it allows you to be "registered" as a patent agent/attorney.  Instead you would have a recognition status that would allow you to represent clients in front of the PTO as long as that was consistent with your immigration status.  

You're probably aware of the employment limitations associated with H1B status.

I don't believe there are any similar limitations to becoming licensed by the state bar.  States are not supposed to make immigration policy.

The only funky thing is that I don't know whether doing all of that allows you to call yourself a patent attorney or a patent agent.  You would be working as one, but I'm not sure you could actually use the title.

[IPLVR]

Thanks for the quick reply.

1) I guess if I would go for the classical-day-time-patent- agent-night-shift-student route I would work having a H1B status.
2) At the moment I am getting my Chemistry PhD certified by the WES (World Education Service). If I would then (hopefully) end up with a JD from a ABA accredited law school (eg. Fordham) would it be a problem to register as a patent attorney?

Since I am seriously considering this kind of career change, I just wanted to be sure that there is no funny legal trick which I should know before...

Thanks for your help. Chem.

Being in the same position as you I can tell it is damn near impossible. I am German by birth have a B.S. in Biochemistry from Canadian university, did a JD with good class ranking in the US and then an M.S. in the US.  

First of all, the number of H1Bs is severely capped since 9/11. They went down back to a third of that they were during the .com years. BCIS released an extra 20,000 or so H1Bs for graduates from US schools, but it is still hard.  

I am not sure if a firm would sponsor you for an H1-b and allow you to do the law school/patent agent route.  

As for becoming a patent agent, you would be able to sit for the patent bar and you would be able to get a letter upon passing that allows you to prosecute patent. However, you would not be able to get an agent number.  While this move from the PTO more likely than not unconstitutional, there has been no challenge to it.

[chem]

Well... if I can get a letter which then enables me to prosecute patents would be enough to do the job, right?
Why would you need a number if you can practise without? Could anyone comment? Please excuse my lack of insight...

[alternative1975]

Hi All:

I am on H1-B working for an engneering firm. I had some past post-doctoral experience with an university patent office where i like the kind of work. Now i am planning to become a patent agent and would like to take the exam.

From the previous posts i recall that i should be able to appear for the exam but they wont issue me a number. What if i write the exam now and wait for my current employer to file my GC. Do i get a number after i get my GC. Is there a time period for which the exam is valid. I mean if it takes several years for my GC  to get approveConnection: close
d do i have to end up appearing for the exam again.

Could anyone comment on this one.

Thanks for all