I have a question regarding the LLM with the concentration of Intellectual property law and Patent Bar Exam.
Does anybody know if you complete an LLM program with the concentration of intellectual property law in U.S, that will be sufficient to qualify you to sit for the Patent Bar exam? Or you still require the employment sponsorship to render you eligible for the Patent Bar exam?
Thank you very much for your time and answers.
LLM in IP and Patent Bar
Posted May 14, 2007 16:59
Does anybody know if you complete an LLM program with the concentration of intellectual property law in U.S, that will be sufficient to qualify you to sit for the Patent Bar exam? Or you still require the employment sponsorship to render you eligible for the Patent Bar exam?
Thank you very much for your time and answers.
Posted May 14, 2007 23:43
I think you can be given "limited recognition" by the USPTO but you will need documentation showing that you are "trained in the United States in the capacity of representing a patent applicant by presenting or prosecuting a patent application." Your school may be able to provide this type of documentation.
According to the general requirements bulletin under section E. "Eligibility of Aliens" (at http://www.uspto.gov/go/dcom/olia/oed/examregist.htm), and assuming you are on an F-1 visa, then you will be within 8 CFR 274(c), and this will apply:
"Qualifying non-immigrant aliens
within the scope of 8 CFR § 274a.12(b) or (c) are not registered upon passing the examination.
Such applicants will be given limited recognition under 37 CFR § 11.9(b) if recognition is
consistent with the capacity of employment or training authorized by the USCIS. Documentation
establishing an applicants qualification to receive limited recognition must be submitted with the
applicant's application."
Here is 274a.12(c):
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2002/janqtr/8cfr274a.14.htm
Here is 37 CFR § 11.9(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 Bureau of Citizenship and Immigration Services 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.
According to the general requirements bulletin under section E. "Eligibility of Aliens" (at http://www.uspto.gov/go/dcom/olia/oed/examregist.htm), and assuming you are on an F-1 visa, then you will be within 8 CFR 274(c), and this will apply:
"Qualifying non-immigrant aliens
within the scope of 8 CFR § 274a.12(b) or (c) are not registered upon passing the examination.
Such applicants will be given limited recognition under 37 CFR § 11.9(b) if recognition is
consistent with the capacity of employment or training authorized by the USCIS. Documentation
establishing an applicants qualification to receive limited recognition must be submitted with the
applicant's application."
Here is 274a.12(c):
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2002/janqtr/8cfr274a.14.htm
Here is 37 CFR § 11.9(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 Bureau of Citizenship and Immigration Services 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.
Posted May 16, 2007 14:29
Thank you so much for your clear answer.
BTW, when do you suggest that it will be the best timing to take the Patent Bar Exam accompanied with the IP program training certificate, which is offered by the school?
Will this be practical that I might take the Patent Bar Exam within the first three months after the graduation from LLM program, and looking for a job during the one and half year OPT period without getting trouble under the visa issue?
Thank you very much for your advice.
BTW, when do you suggest that it will be the best timing to take the Patent Bar Exam accompanied with the IP program training certificate, which is offered by the school?
Will this be practical that I might take the Patent Bar Exam within the first three months after the graduation from LLM program, and looking for a job during the one and half year OPT period without getting trouble under the visa issue?
Thank you very much for your advice.
Posted May 18, 2007 18:44
Yes, I think that sounds like a good plan. I think 3 months should be plenty of time to study for the exam.
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