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Foreign M.D. qualification

Started by VivaMexico, 07-12-21 at 06:15 AM

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VivaMexico

Hi,

I earned my M.D. and my Ph.D. from a top University in Mexico. Individuals graduating from the university I attended are eligible to enter residencies in the U.S. My Ph.D. was in physiology, but I completed it long enough ago that course descriptions aren't available.

Does anyone know if a M.D. from a foreign school is acceptable to become a patent agent?

Thank you!

MYK

Probably?  But the only way to find out for certain is to get OED to go through the evaluation process.  Even if you call and get past the initial phone-answerers to talk to one of the people who actually does the evaluations, he probably wouldn't be able to give you a guarantee, much less be willing to.

I don't know how hard it is to get past the front-line people nowadays.  When I called, ~15 years ago, it took me three or four tries.
"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

smgsmc

#2
Quote from: VivaMexico on 07-12-21 at 06:15 AM
Hi,

I earned my M.D. and my Ph.D. from a top University in Mexico. Individuals graduating from the university I attended are eligible to enter residencies in the U.S. My Ph.D. was in physiology, but I completed it long enough ago that course descriptions aren't available.

Does anyone know if a M.D. from a foreign school is acceptable to become a patent agent?

Thank you!

Your MD (or PhD) is irrelevant.  Refer to the USPTO page here:  https://www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/becoming-patent-practitioner.  Then download the General Requirements Bulletin (GRB).  Pay particular attention to the section:


"ii. Graduate Degrees: An applicant who has a Master's or higher level degree in one of
the subject areas listed above, but does not have a Bachelor's degree in such subject,
must establish to the satisfaction of the OED Director that he or she possesses the
necessary scientific and technical training. Possession of the necessary scientific and
technical training may be satisfactorily established in the manner set forth under either
Category B or Category C below."


Your academic qualifications towards becoming a patent agent are solely based on your undergrad (bachelor's) degree (this is screwy beyond belief, but we're dealing with government regulations).  There are agencies that will provide the US equivalent of foreign degrees.  If your bachelor's equivalent matches one of those listed in Category A, you're fine.  If it doesn't, you need to qualify via Category B or C.

Note:  Even if you have a phone discussion with the OED, it is nonbinding.  A friend of mine called OED, and they told her she was OK to take the exam.  I told her that didn't sound right (based on my reading of the requirements and based on my knowledge of her situation).  Well, she started prepping, sent in her application, and was rejected.  You know for sure only when you submit an application.



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