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Author Topic: Applying for Patent Bar eligibility  (Read 741 times)

170orDie

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Applying for Patent Bar eligibility
« on: 08-29-17 at 09:52 pm »

I am getting ready for my 1L year, and I was hoping to get my patent bar application ready ahead of time. I am going be to applying under Category B Option 4 as I graduated with a BS in CS but from an unaccredited school. I ran across a potential issue in my application in that I may not have the requisite consecutive semester hours of Chemistry/Physics because I went to a quarter based school.

I was hoping to see if I would be approved simply by submitting an application to OED, however, from my review of the application, it seems that applying for eligibility is applying to take the patent bar. Is this true? Are they one and the same?

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MYK

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Re: Applying for Patent Bar eligibility
« Reply #1 on: 08-30-17 at 05:36 am »

seems that applying for eligibility is applying to take the patent bar. Is this true? Are they one and the same?
Same thing.  I vaguely recall that you used to be able to send everything to OED to get evaluated and that they would refund most of your fees if you weren't eligible.  I don't know if that's still the case.

applying under Category B Option 4 as I graduated with a BS in CS but from an unaccredited school. I ran across a potential issue in my application in that I may not have the requisite consecutive semester hours of Chemistry/Physics because I went to a quarter based school.
Do you have "one year" of chem and physics?  Did you take the basic intro sequence classes for both?  OED isn't going to care if your school called them "quarters" instead of "semesters".  If you didn't complete the sequences, then that's a problem.  You can retake the full sequence at a community college. Remember that labs are required.

Disclaimer: OED is the only group that can tell you whether or not you're eligible.  The above is my understanding of it, which may or may not be correct.
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"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

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Re: Applying for Patent Bar eligibility
« Reply #2 on: 08-30-17 at 08:40 am »

Yes, MYK is correct.  You submit an application with a $240 fee ($40 application fee plus $200 exam fee).  If you are not eligible, you are refunded $200, since you can't take the exam [the $40 is nonrefundable since it covers the cost of reviewing your application].  The catch, however, is that if you are eligible, you have only a 90-day window in which to take the exam.  If you have not yet started prepping for the exam (because you weren't sure whether you were eligible or not), that window will probably lapse; in which case, you will effectively kiss the whole $240 good-bye, and re-apply when you are ready.


ETA:  Refer to https://www.uspto.gov/sites/default/files/OED_GRB.pdf for conversion from quarter to semester hours:


viii. Quarter hour conversion:
 A semester hour is a unit of academic credit fulfilled by
completing one hour of class instruction each week for one semester, a semester being
a  division  constituting  half  of  the  regular  academic  year,  lasting  typically  from  15  to  18
weeks. For credits earned at a university or college in which the term is less than the 15
to  18  week  semester,  the  credits  earned  at  that  university  or  college  will  need  to  be
adjusted  to  determine  whether  the  applicant  established  to  the  satisfaction  of  the  OED
Director  that  he  or  she  possesses  the  necessary  scientific  and  technical  training  under
Category  B.  To  convert  trimester  credit  hours  or  quarter  hours  into  semester  hours,
multiply the quarter hours or trimester credit hours by 2/3.
« Last Edit: 08-31-17 at 11:39 am by smgsmc »
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MKirbiso

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Re: Applying for Patent Bar eligibility
« Reply #3 on: 09-29-17 at 10:56 pm »

Ah I didn't know about the 90 day rule in there. Good to know
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