US patent Bar美国专利代理人考试和执业

RogerLuorockUID: 3867097

请教各位大佬，有没有熟悉美国代理人考试的。国内理工科学历，degree不在category，如何证明自己的学科和学时符合其要求，以及F1签证是否能申请考试?

juajuaUID: 3894571

网页上写的是只有美国国籍和绿卡持有者可以考 所以符不符合要求都不用费心琢磨了

JD@UVAUID: 3503603

F1 visa holders do not qualify for USPTO patent bar exam. H-1B visa holder, whose job requires representation in front of USPTO and is confirmed by his/her employer, may take the USPTO patent bar exam but cannot be called a patent agent. They have "limited recognition to practice under 37 CFR § 11.9(b)."

My recommendation for anyone who wants to become either a patent attorney or a patent agent is: get your green card first.

§11.9    Limited recognition in patent matters.
(a) Any individual not registered under § 11.6 may, upon a showing of circumstances which render it necessary or justifiable, and that the individual is of good moral character and reputation, be given limited recognition by the OED Director to prosecute as attorney or agent a specified patent application or specified patent applications. Limited recognition under this paragraph shall not extend further than the application or applications specified. Limited recognition shall not be granted while individuals who have passed the examination or for whom the examination has been waived are awaiting registration to practice before the Office in patent matters.

(b) A nonimmigrant alien residing in the United States and fulfilling the provisions of § 11.7(a) and (b) may be granted limited recognition if the nonimmigrant alien is authorized by the United States Government to be employed or trained in the United States in the capacity of representing a patent applicant by presenting or prosecuting a patent application. Limited recognition shall be granted for a period consistent with the terms of authorized employment or training. Limited recognition shall not be granted or extended to a non-United States citizen residing abroad. If granted, limited recognition shall automatically expire upon the nonimmigrant alien's departure from the United States.

(c) An individual not registered under § 11.6 may, if appointed by an applicant, prosecute an international patent application only before the United States International Searching Authority and the United States International Preliminary Examining Authority, provided that the individual has the right to practice before the national office with which the international application is filed as provided in PCT Art. 49, Rule 90 and § 1.455 of this subchapter, or before the International Bureau when the USPTO is acting as Receiving Office pursuant to PCT Rules 83.1 bis and 90.1.

[Added 69 FR 35428, June 24, 2004, effective July 26, 2004; 78 FR 20180, April 3, 2013, effective May 3, 2013]

JD@UVAUID: 3503603

I will just be blunt: Based on your TOEFL scores, you may have a hard time passing the USPTO patent bar.

RogerLuorockUID: 3867097

JD@UVA 发表于 2018-9-16 00:13
I will just be blunt: Based on your TOEFL scores, you may have a hard time passing the USPTO patent  ...

Ok, Thank you!