A question was reported as relating to a Canadian patent agent living in America. The relevant sections to review are:
MPEP 402 Power of Attorney – A power of attorney or authorization given to a registered Canadian patent agent, to be valid, must be given by the applicants, all of whom are located in Canada. See 37 CFR 10.6(c).
37 CFR 11.6 Registration of attorneys and agents –
(c) Foreigners. Any foreigner not a resident of the United States who shall file proof to the satisfaction of the Director that he or she is registered and in good standing before the patent office of the country in which he or she resides and practices and who is possessed of the qualifications stated in § 10.7, may be registered as a patent agent to practice before the Office for the limited purpose of presenting and prosecuting patent applications of applicants located in such country, provided: The patent office of such country allows substantially reciprocal privileges to those admitted to practice before the United States Patent and Trademark Office. Registration as a patent agent under this paragraph shall continue only during the period that the conditions specified in this paragraph obtain. . .
. . .Upon ceasing to reside in such country, the patent agent registered under this section is no longer qualified to be registered under this section, and the OED Director shall promptly remove the name of the patent agent from the register and publish the fact of removal.
In addition, Jim Longacre’s Practice Question of the Day (175) provides:
An inventor who is a Canadian citizen residing in Canada has a long standing professional relationship with a Canadian patent agent. Under which of the following circumstances will the USPTO recognize a Power of Attorney to that Canadian agent?
(A) The Canadian agent is resident in the United States, but is not registered as a US attorney.
(B) The Canadian agent is a citizen of Canada living in the United States with a valid visa.
(C) The Canadian agent is related to the inventor.
(D) The Power of Attorney is accompanied by a showing of why the inventor requires representation by this particular agent.
(E) The Canadian agent is registered to practice before the European Patent Office.
The answer is (A) as per 37 CFR 10.6 and MPEP 402.