Patent Bar Character and Fitness w/Drug Instances

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Anonymous User
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Patent Bar Character and Fitness w/Drug Instances

Postby Anonymous User » Mon May 17, 2010 7:02 pm

How much do drug convictions matter in regards to passing the character and fitness portion of the patent bar?

I have a misdeamnor drug "conviction" (first-time offender, record will be sealed and after probation / no determination of guilt) and am currently on probation for about 6 more months (It was a year of probation total). I also had a felony drug charge which was dropped entirely. This all was from one incident that happened three years ago (they just took FOREVER to finally look at the case), and it's the only blemish on my legal record. All terms of the probation have been completed except for the whole waiting another half-year thing

I was hoping to take the patent bar within the next two months. Any idea how much the fact that I'm still on probation will hurt me? Will it matter if I wait a little while more before I send in my application?

Also, does anyone know when the character and fitness evaluation takes place ( is it done after you take the patent bar or beforehand)? What I'm getting at is, if it takes place afterwords, I can send in my application, take the bar, and update the court records after my sentence is completed to show that it's been completed successfully

Thanks for any responses, this issue has caused me a good bit of worry and I'm really not too sure how to handle it at the moment.

(This relates directly to where I'm going to be employed, I need to pass this exam.)

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zreinhar
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Re: Patent Bar Character and Fitness w/Drug Instances

Postby zreinhar » Mon May 17, 2010 7:18 pm

if you havent gone through the application process yet (which Im assuming you haven't) Then you'll find out the answer to your question, partly.

They evaluate your fitness prior to allowing you to sit. You have to submit all the "which laws have you broken and what happened" paperwork along with your technical fitness paperwork. For example, I got a speeding ticket. I sent in the court deposition and I got a notice of deferral because I didn't send in a copy of the receipt. And, to boot, I didn't hear back from them for like 2 months. Point: Call them and ask what they want to see. In your case, it may be alot of paperwork. I can't say whether they'll let you take it (It probably depends on the extent of the infraction, though it doesnt seem like you were running a meth lab per se) But if you call them and ask about what paperwork you need to submit you can save yourself alot of time. Also to note, you WILL have to pay the $240 to even have them look at your application.

Also, intelproplaw.com, IP forums, Im sure someone has asked that question or one similair before there. Take a gander and see what you find.

Anonymous User
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Re: Patent Bar Character and Fitness w/Drug Instances

Postby Anonymous User » Tue May 18, 2010 7:21 am

Any more thoughts?

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lostjake
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Re: Patent Bar Character and Fitness w/Drug Instances

Postby lostjake » Tue May 18, 2010 8:10 am

Good luck.

http://www.google.com/search?hl=en&safe ... d=0CB4Q2AQ

They can be sticklers sometimes. People have been banned for paying for sex to back taxes. I'd wait at least until this stuff is in the past a little before taking the test.


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lostjake
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Re: Patent Bar Character and Fitness w/Drug Instances

Postby lostjake » Tue May 18, 2010 8:17 am

I would also like to note that the USPTO OED isn't known for being a work horse. They probably will not run a background check on you, most of the people that are rejected is because they marked the box, and maybe 10% because someone saw their name in the gazzette and reported them (seems petty to do this, but people still do). Although if you ever have to pass C&F for a state bar, and they get those records from the USPTO (which they may, and may not) you'd be in a bind. I'm not telling you NOT to report the info, just giving some background. You know. And I reported all of my crimes. (go MIP!)

Anonymous User
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Re: Patent Bar Character and Fitness w/Drug Instances

Postby Anonymous User » Tue May 18, 2010 8:24 am




Thanks for the response.

I read through that after you posted the first link. Fortunately (for me at least), that guy also had numerous arrests and evidenced a lack of cantor (which from what I've heard is a huge no-no) in his application. He lied on his Connecticut bar exam when he said he had never applied for another position which had a C+F eval. Also lied about being a patent agent

But it does look like, from that link at least, that they don't actually do the C+F eval until after you've passed the registration exam. I just need to send in my paperwork, which I can do. By the time I end up taking the exam I'll have finished with probation anyways and will be able to update the USPTO accordingly.

Also it seems like he applied immediately after having that incident in question. For me, there's a three year gap at least.

But you're saying not to apply now?

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lostjake
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Re: Patent Bar Character and Fitness w/Drug Instances

Postby lostjake » Tue May 18, 2010 8:43 am

I would at least do some community service which isn't required by the court. You have to SHOW good moral character by the standards at the USPTO. Also the amount of time between your arrest and when taking the test is taken into consideration. It they want to make it into a dog fight, it will be expensive:

http://www.uspto.gov/web/offices/com/so ... ral_08.pdf

This is also my personal fav.




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