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Author Topic: Would I be allowed to take the patent bar?  (Read 766 times)


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Would I be allowed to take the patent bar?
« on: 06-18-17 at 04:50 pm »

"It has been the long standing practice of the Office to grant limited recognition under 37 CFR 11.9(b) to nonimmigrant aliens who demonstrate that they are authorized to be employed or trained by a specific employer in the capacity of preparing and prosecuting patent applications."

I am employed as a "Scientific advisor" by a law firm and I assist the lawyers in preparing opinions and office actions. I have a Ph.D. in life sciences and qualify for the education criteria for the pat bar. I am a nonimmigrant alien in the US.

I have a couple of questions and I apologize in advance if I my questions offend anyone or appear stupid.

1. Do you know anyone who had a similar profile as me and was allowed to sit for the exam?
2. What sort of paperwork would my firm have to provide?
3. What visa is preferable for this- H1B, OPT or H4 EAD?
4. What happens if I change my employer?
5. What person would be best at answering these questions? Should employ an immigrant lawyer to better help me?

Thanks in advance guys!


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Re: Would I be allowed to take the patent bar?
« Reply #1 on: 06-19-17 at 03:26 am »

Your job seems to fit the criteria.  I've read here before that the employer has to require it for the job.  You should contact the USPTO OED to ask them what paperwork they need from your employer to allow you to take it.

Note that you will only get "limited recognition" to prosecute applications through your employer.  You won't be allowed to work on your own.  You cannot go back to your home country and practice, and to be clear, you cannot go outside the U.S. and still practice.
"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.


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Re: Would I be allowed to take the patent bar?
« Reply #2 on: 07-27-17 at 06:39 pm »

I worked with someone in your position, and he was allowed to take the test but it required a few calls back and forth with the office responsible for determining eligibility. They will tell you what they need, and you should eventually be able to take it.


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