I have a question regarding LL.M. degree obtained in the US and Patent Bar Exam.
I have a law degree (Master of Laws) from Poland and LL.M. in Global Legal Studies from The John Marshall Law School in Chicago.

Could you tell me, please, if completing LL.M. program in U.S. (as well as my Master of Laws degree from Poland) will be sufficient to qualify me to sit for the Patent Bar exam?

Also, I have a green card.

Thank you very much for your time and answer.

Better check with www.uspto.gov to be sure.

My sense, however, is no. I think you would need a recognized science or engineering degree first before you could sit for the patent bar/examiner exam. See: http://www.ipwatchdog.com/patent-bar-exam/patent-bar-qualifications/. Your Polish and American law degrees will probably not be enough. Sorry.

The only other way around the requirement is to secure work as a patent examiner with the US Patent and Trademark Office. After several years (I recall 4 years), you will immediately be qualified as a patent agent or attorney depending on whether or not you are already admitted as an attorney in the US. However, to get such employment, I suspect you will need to have a background in science or engineering.

Hope this helps. Best to confirm this with the USPTO website.

Hey,
thanks for your reply Eploy, but this is what I've found:

May a non-US citizen LLM or Master Degree student sit for the US Patent Bar Exam?
Non-US citizens who reside in the United States may apply to take the Patent Bar Exam. However, in order to be admitted to the examination, applicants "must establish that recognition is consistent with the capacity of employment authorized by the United States Citizenship and Immigration Services (USCIS)," formerly the U.S. Immigration and Naturalization Service (INS)). See General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent cases Before the United States Patent and Trademark Office, p. 8. "The evidence must include a copy of both sides of any work or training authorization and copies of all documents submitted to and received from the USCIS regarding admission to the United States and a copy of any documentation submitted to the U.S. Department of Labor." Id. If you qualify as a non-immigrant alien within the scope of 8 CFR § 274a.12(b) or (c), you are not registered upon passing the examination. See id. "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 applicant's qualification to receive limited recognition must be submitted with the applicant's application." Id.

As a green card holder (and soon US citizen) I'm authorized to work legally in the US and It seems I can be admitted to sit for the exam... (?)

That part you recite applies to Canadians who want to take the exam.

The minimum qualification to take patent agent exam in the US fore everyone including CANADIANS or Green Card holders or Citizens is a science degree with the required number of credits. Without which you cannot appear for the exam.

You can call the USPTO OED. They will confirm this.

You cannot be a patent examiner without being a person of skill in that art. So, not a solution.

Thank you for your answer.
Instead of calling I sent an email to OED describing my situation and this is what they replied:
"The Office of Enrollment and Discipline does not provide advisory opinions as to whether a particular individual is eligible to sit for the registration examination prior to his or her submission of an application to take the registration examination. If you want to apply for admission to the registration examination, you are encouraged to submit an application, the required fees, and the supporting documentation. Your application will be reviewed, and we will advise you whether you are eligible to be admitted to the registration examination."

I found something else on USA discussion board.
Someone (foreign student) was asking about sufficiency to qualify to sit for the US Patent Bar Exam after completing LL.M. in IP and here is part of the answer:
"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."

Here is rest of the whole discussion:
http://www.llm-guide.com/board/31450/1

Does anyone know if the answer may be regarded to all LLMs or to LLM in IP only?

Colleagues,

You really must have a recognized major or background in Science or Engineering (i.e., preferably an undergraduate degree in one of the approved scientific or engineering fields) before you can even think about sitting for the USPTO Bar Exam. I just don't see this requirement being waived for *anyone* even foreign attorneys on their way to US citizenship.

I had considered taking the USPTO Bar Exam before but learned to my great dismay that my Zoology degree (i.e., animal biology degree) would not qualify me unless I went through the hassle of proving I had a sufficient science background. AFAIK I have to prove my sufficiency *each* time I take the Patent Bar Exam (assuming I don't pass it on the first try, which unfortunately is possible given the modest pass rates). Apparently people with approved majors automatically qualify without having to go through the hassle of proving they had a sufficient science background. I tried arguing that my Zoology degree was actually an organismal biology degree but the bureaucrats at the USPTO refused to budge because that fact is not clearly stated on my official transcript. I even explained that at the time of my studies my university did not offer a "regular" biology degree, but only offered Botany, Molecular Biology and Zoology degrees of which Botany and Molecular Biology would have qualified me. I tried to get the USPTO to expand its list of approved majors to include Zoology but to no avail. Then, I tried approaching my university to have the degree reclassified as a biology degree since I met all the requirements of the new biology major (of course created some time after I graduated), but they also refused to budge. Lastly, I thought about going to one of those accredited distance learning colleges (not a degree mill) to earn a degree in biology, but the cost and extra time did not seem worth it especially given my existing student debts. So in the end, I cannot take the Patent Bar Exam unless I prove my sufficiency in the life sciences which would entail hunting down/digging up all my old syllabuses and course catalogs from university. Unfortunately, I never kept all that stuff and so I am effectively precluded from taking the exam unless I go and get another bachelor degree or work in the corp of USPTO patent examiners for at least 4 years (making a fraction of what I make now), which is not going to happen at this stage!

Given all the trouble I had in trying to qualify for the Patent Bar, I find it hard to believe that a foreign lawyer without an undergraduate degree in a recognized science or engineering major could qualify for the Patent Bar Exam.

DotiKoti, I really hate to burst your bubble, but I suspect the answer will still be "no." Of course, you should write to the USPTO directly and get an official answer from them just about your eligibility, and leaving aside your whole nationality/Green Card status which actually isn't your biggest hurdle as far as I can tell. Even with US citizenship (which I have), I still don't quality because of my apparent lack of a science background. I hope this helps.

Regards,

Ed

"The Office of Enrollment and Discipline does not provide advisory opinions as to whether a particular individual is eligible to sit for the registration examination prior to his or her submission of an application to take the registration examination. If you want to apply for admission to the registration examination, you are encouraged to submit an application, the required fees, and the supporting documentation. Your application will be reviewed, and we will advise you whether you are eligible to be admitted to the registration examination."

I found something else on USA discussion board.
Someone (foreign student) was asking about sufficiency to qualify to sit for the US Patent Bar Exam after completing LL.M. in IP and here is part of the answer:
"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."

Does anyone know if the answer may be regarded to all LLMs or to LLM in IP only?

OK guys, you were right...
I sent en email to IPWatchdog.com founder Gene Quinn
about my case and this is his answer:

Legal degrees are not considered by the USPTO. What matters is whether you have the required number of undergraduate science credits. See:
http://www.ipwatchdog.com/patent-bar-exam/category-b/
http://www.ipwatchdog.com/patent-bar-exam/patent-bar-qualifications/