Determining Patent Bar Eligibility

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rhal22

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Determining Patent Bar Eligibility

Postby rhal22 » Thu Jul 05, 2018 2:59 pm

Has anyone undertaken the process of determining patent bar eligibility? If so, would you be so kind as to walk me through the process. I don’t qualify for the patent bar under option A; however, I may qualify under the alternative route (which requires a minimum number of STEM courses). I know the first step is submitting an application to uspto, but how do I go about submitting a list of the STEM courses that I’ve completed? Any help would be greatly appreciated.

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totesTheGoat

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Re: Determining Patent Bar Eligibility

Postby totesTheGoat » Fri Jul 06, 2018 8:13 am

Category B isn't that much different than Category A, except for the additional requirement to include a transcript and course descriptions. The instructions are here: https://www.uspto.gov/sites/default/files/documents/OED_GRB.pdf

You didn't make clear whether you were looking for information about whether the classes you took allow you to qualify, or whether you know you qualify and want to know how to submit your transcript and course descriptions. Both questions are answered in the process of doing the above linked instructions. My understanding is that the course descriptions are the only difficult part to obtain because they need to be from the year you took the respective class.

rhal22

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Re: Determining Patent Bar Eligibility

Postby rhal22 » Fri Jul 06, 2018 3:27 pm

Thank you so much for your response! I apologize for my ambiguity. I guess I was inquiring about the process of actually sending in the STEM courses. For example, would I simply compose a spreadsheet of the classes along with their corresponding course description? Also, is there any way to determine with certainty whether or not I am patent bar eligible without submitting an application? Thanks again!

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totesTheGoat

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Re: Determining Patent Bar Eligibility

Postby totesTheGoat » Fri Jul 06, 2018 10:55 pm

rhal22 wrote: For example, would I simply compose a spreadsheet of the classes along with their corresponding course description?


You're gonna need to get originals (or official copies) of the course description from your school. It's not a copypasta type of thing. You'll probably end up with a transcript paperclipped to a bunch of course description documents you receive from your school, all shoved in a manila envelope with your application form.

Also, is there any way to determine with certainty whether or not I am patent bar eligible without submitting an application? Thanks again!


Not with absolute certainty, but they lay it out pretty clearly. You can always call the OED office at the USPTO if there's a specific class that is ambiguous. See here for the full requirements: https://www.uspto.gov/sites/default/fil ... ED_GRB.pdf

Relevant portions excerpted below.

B. CATEGORY B: Bachelor's Degree in Another Subject. An applicant with a Bachelor's
degree in a subject other than one of those listed in Category A, must establish to the
satisfaction of the OED Director that he or she possesses scientific and technical training
equivalent to that received at an accredited U.S. college or university for a Bachelor's
degree in one of the subjects listed in Category A. To establish such equivalence to the
satisfaction of the OED Director, an applicant can satisfy one of the following four
options, other training, or other education listed below. The applicant must submit the
necessary documentation and objective evidence showing satisfaction of one of the
options or other means of qualifying.
i. Option 1: 24 semester hours in physics. Only physics courses for physics majors will
be accepted.
ii. Option 2: 32 semester hours in a combination consisting of the following:
8 semester hours of chemistry or 8 semester hours of physics, and 24 semester hours in
biology, botany, microbiology, or molecular biology.
The 8 semester hours in chemistry or 8 semester hours of physics must be obtained in
two sequential courses, each course including a lab. Only courses for science or
engineering majors will be accepted.
iii. Option 3: 30 semester hours in chemistry. Only chemistry courses for chemistry
majors will be accepted.
iv. Option 4: 40 semester hours in a combination consisting of the following:
8 semester hours of chemistry or 8 semester hours of physics, and
32 semester hours of chemistry, physics, biology, botany, microbiology, molecular
biology, or engineering. (For Computer Science, see other acceptable course work.)

The 8 semester hours of chemistry or 8 semester hours of physics must be obtained in
two sequential courses, each course including a lab. Only courses for science or
engineering majors will be accepted. For Computer Science, see other "Other
Acceptable Course Work."
All acceptable coursework for Options 2 and 4 must be for science or engineering
majors.
v. Transcripts: Official transcripts are required to establish both the award of a
Bachelor's degree and completion of each course relied on to establish scientific and
technical training in Category B.
- 6 -
Please note that a diploma, a copy of a diploma, or an unofficial transcript is not
acceptable evidence of a degree. Each applicant must provide an official transcript from
a college or university as evidence of the degree received. An official transcript issued to
an applicant will be accepted provided the transcript includes a university or college
stamp or seal. A letter from the registrar specifying a degree or degrees is not sufficient.
Transcripts must show the same name as the application. An applicant who has
changed his or her name must submit legal documentation of the name change, such as
a marriage certificate or court order.
The transcript must be official. However, the applicant may send the transcript to OED
as the transcript does not need to be sent to OED directly from the university or college.
An applicant instructing a college or university to send transcripts directly to OED at the
USPTO should provide this information in a letter accompanying the application. An
applicant is urged to furnish the university or college with a copy of a certificate of
mailing (enclosed in this bulletin) and instruct the institution to include a completed and
signed certificate of mailing in the envelope with the transcript.
vi. Course Descriptions: For each course relied upon in Options 1, 2, 3, or 4 above, an
applicant must furnish an official course description which is concurrent with the year in
which the course was taken to accompany the official transcript. The course descriptions
must include:
Copies of the catalog cover page showing the year, the page(s) describing the
requirements for the major and
Complete pages describing the courses to be considered.

rhal22

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Re: Determining Patent Bar Eligibility

Postby rhal22 » Sat Jul 07, 2018 4:09 pm

thanks again! your help has been invaluable.



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