Comments on: Q) Canadian Patent Agent in the USA (MPEP 400)

By: lily

lily — Mon, 12 Dec 2011 22:40:25 +0000

The answer to the original post should be B, not A.
Per 37 CFR 11.9, only one who is not a US Resident (immigrant) may be granted temporary recognition by the Office. I believe some of the above posts are referring to foreigners’ eligibility to become registered by the USPTO rather than their POA being recognized by the USPTO, which is the point of the question.

37 CFR 11.9. Limited recognition in patent matters.
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.

By: lily

lily — Mon, 12 Dec 2011 22:14:15 +0000

a visa holder is generally not a resident. a visa means the person is there for a particular time to do a particular thing, ie education, work..

By: maggie

maggie — Tue, 15 Nov 2011 21:39:13 +0000

thx

By: Jamecam

Jamecam — Mon, 31 Oct 2011 03:10:17 +0000

I got this question on 10/29/2011.

I do not remember the exact answer choices, but I chose the one that said something like “The Canadian Agent is registered to practice before the Canadian Patent Office, which accords similar privileges regarding representation.”

I do not recall any details specifying where the Canadian agent resided. Although, I may have overlooked them if they were present.

By: BigBadVoodoDaddy

BigBadVoodoDaddy — Thu, 30 Jun 2011 21:14:18 +0000

I meant to say A is a US resident – not citizen, sorry for the second post . This precludes him from being an alien resident with a visa.

By: BigBadVoodoDaddy

BigBadVoodoDaddy — Thu, 30 Jun 2011 21:13:13 +0000

I think A is incorrect.
B is the most correct answer though (ambiguous nonetheless) and would fall out under 11.6 b if he was a registered agent before the USPTO.
A cannot fall under 11.6 c since the agent does not reside in canada – he is a US citizen. B however can, since he is on a valid visa to the US, he is still a resident of canada and registered to practice in canada.

A – canadian agent resident in the US falls out 11.6 b – where in it is required that he be registered to practice before the PTO

B- on the other hand requires that the agent is on a valid visa (i.e. – not inconsistent with terms of his lawful residence in the US – note this is not a resident status) and can fall under 11.6c.

By: misspatent

misspatent — Fri, 01 Apr 2011 01:41:11 +0000

11.6(c) cannot apply. Consider this language: “Upon ceasing to reside in such country, the patent agent registered under this section [11.6(c)] 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.” The agent would qualify under 11.6(b).

By: toomuch23

toomuch23 — Thu, 28 Oct 2010 03:56:46 +0000

Agreed with Tex
Resident = Green card
Resident not equal to citizen
Visa not equal to resident

Visa or no visa is irrelevant as Visa does not equal resident (i.e. language per statute)

A.) is not possible, statute requires “not a resident of the U.S….”
B.) is the only other possible choice, although poorly worded. It would have been much easier to answer if they had replaced “citizen” with “resident.”

By: Chemist62

Chemist62 — Tue, 13 Apr 2010 18:56:13 +0000

The difference between living in the US on a visum and the resident is: the resident is a visa holder as well, but the type of visa which a resident holds allows that person to fullfill workfunctions. In other words, a resident has a work permit, a general visa holder does not. But yes, both require visa.

By: JBag

JBag — Mon, 08 Mar 2010 21:24:17 +0000

Follow-up,

However, if you consider the Visa holder as a resident, than the provisions of 11.6(a) or 11.6(b) would be appropriate where in either case, they would still be allowed to practice in the US.

11.7(b)(1)(D):
For aliens, provide proof that recognition is not inconsistent with the terms of their visa or entry into the United States;

In either case, the Canadian patent agent would be qualified to be registered under paragraph (c) once the alien ceases to reside in the US as 11.6(a)(2) and 11.6(b)(2) requires.