Re: An IP gripe

From: S. Martin Keleti <keleti[_at_]manifesto.com>
Date: Tue, 24 Aug 1999 10:39:32 -0700

On 8/23/99, Carol Cricow <carol[_at_]yujean.com> wrote:
>
> There were two patent lawyers at the career day that was one of the
> impetuses (impeti?) for my initial post and they said that a technical
> or science degree is REQUIRED to take the patent exam. Is that true?

The short answer is yes, although there are alternatives short of a complete degree. The long answer is more detailed and complicated:

REQUIREMENTS FOR ADMISSION TO THE EXAMINATION Unless the examination has been waived pursuant to 37 CFR sec. 10.7(b), you must take the examination for registration. To be admitted to the examination for registration, you must demonstrate that you possess the scientific and technical training necessary to enable you to render applicants for patents valuable service. You bear the burden of showing that you possess the requisite scientific and technical training. The showing must satisfy one of the following categories, A, B, or C, below.

Category A. Bachelor's Degree in a Recognized Technical Subject. You will be considered to have the necessary scientific and technical training if you show that you received a Bachelor's degree in one of the following subjects from a United States college or university of recognized standing, or the equivalent to a Bachelor's degree in one of the following subjects from a foreign university:

   Biology
   Biochemistry
   Botany
   Electronics Technology
   Engineering
   Aeronautical
   Agricultural
   Biomedical
   Ceramic
   Chemical
   Civil
   Computer
   Electrical
   Electrochemical
   Engineering Physics
   Geological
   Industrial
   Mechanical
   Metallurgical
   Mining
   Nuclear
   Petroleum
   Food Technology
   General Chemistry
   Marine Technology
   Microbiology
   Molecular Biology
   Organic Chemistry
   Pharmacology
   Physics
   Textile Technology
   Computer Science*

If you have a Bachelor's degree in one of the above identified subjects, you must furnish an original official transcript from the college or university from which you received your degree. A copy of your diploma will not be accepted. An official transcript from your college or university issued to you, as a student is acceptable provided it includes an original college or university stamp or seal.

If you have a Master's or higher level degree in one of the subject areas listed above, but do not have a Bachelor's degree in such subject, you must qualify under Category B below. Degrees such as Biological Sciences, Pharmacy, and Mechanical Technology, not listed above, must qualify under Category B.

Category B. Bachelor's Degree in Another Subject. If you have a Bachelor's degree in a subject other than one of those listed in Category A, you must establish that you possess scientific and technical training equivalent to that received for a Bachelor's degree in one of the subjects listed in Category A. To establish such equivalence, you must submit a showing that you have satisfied one of the following options.

If you need to make a showing to establish your scientific and technical training, it is strongly recommended that you file your showing at least two months prior to the closing date for filing your application to afford an adequate time to present a supplemental showing which the Office of Enrollment and Discipline may require.

Option 1: 24 semester hours in physics. Only physics courses for physics majors will be accepted.

Option 2: Combination of 24 semester hours in biological sciences and either 8 semester hours of chemistry (two sequential semesters, each semester including a lab) or 8 semester hours of physics (two sequential semesters, each semester including a lab). Only biological science courses for biological science majors will be accepted and only chemistry and physics courses for chemistry, biology, or physics majors will be accepted.

Option 3: 30 semester hours in chemistry. Only chemistry courses for chemistry majors will be accepted.

Option 4: Combination of 40 semester hours of chemistry, physics, the biological sciences, or engineering. The courses relied upon must include at least 8 semester hours of chemistry (two sequential semesters, each semester including a lab) or 8 semester hours of physics (two sequential semesters, each semester including a lab). Only chemistry, biological sciences, and physics courses for majors in chemistry, physics, biology, or engineering will be accepted.

For each college or university where you took a course for which you are requesting credit under Category B, you must furnish an "official transcript".

For each course relied upon in Options 1, 2, 3, or 4 above, you must furnish an official course description which is concurrent with the year in which you took the course, and you must furnish an original official transcript from the college or university where you took the course. You must also submit copies of the catalog cover page showing the year, the page(s) describing the requirements for your major, and complete pages describing the courses you want considered. Only courses with in which you received a grade of C- or better will be accepted. Please highlight the courses you want considered. To convert quarter hours into semester hours, multiply quarter hours by 2/3. Certified English translations of foreign language transcripts and course descriptions must be furnished.

Under Option 4, up to four semester hours will be accepted for courses in design engineering or drafting. Also, under Option 4, computer science courses which stress theoretical foundations, analysis, and design, and include substantial laboratory work, including software development will be accepted. Such courses include the representation and transformation of information structures, the theoretical models for such representations and transformations, courses that provide basic coverage of algorithms, data structures, software design with a laboratory, programming languages with a laboratory, and computer organization and architecture. Other acceptable courses in computer science include artificial intelligence and robotics, networking, linear circuits, logic circuits, operating systems, and software methodology and engineering.

The following typify courses which are not accepted as demonstrating the necessary scientific and technical training: science courses for non-science majors; astronomy; paleontology; anthropology; ecology; courses in public health; mathematics courses; high school level courses; one day conferences; patent law courses; continuing legal education courses, political science courses, behavioral science courses such as psychology and sociology; courses relating technology to politics or policy; courses offered by corporations to corporate employees; courses in management, business administration and operations research; courses directed to data management and management information systems; repair and maintenance courses; computer courses which are directed to business applications; courses on how to use computer software; vocational training courses; radio operator licenses; courses taken on a pass/fail basis; audited courses; home or personal independent study courses; correspondence courses; courses to develop manual, processing or fabrication skills (e.g. machine operation, wiring, soldering, etc.); economics of technology; courses in the history of science, engineering and technology; field identification of plants and/or animals; work study programs; college research or seminar courses where the course content and requirements are not set forth in the course descriptions; and courses which do not provide scientific and technical training in patentable subject matter. Also not accepted are courses that repeat, or which are substantially the same as, or are lesser included courses for which credit has already been given.

Other factors will also be considered on a case-by-case basis with respect to scientific and technical training.

The Office of Enrollment and Discipline will consider expertise in scientific and technical training which is equivalent to that of a Bachelor's degree listed in Category A. Applicants without a degree listed in Category A have the burden of establishing possession of sufficient training and expertise in science or engineering to be equivalent to that of a Bachelor's degree in a subject listed in Category A. Demonstration that training is equivalent to training received in courses accepted under Category B will help establish such equivalency. Also see Category C below. Although the Office of Enrollment and Discipline will not evaluate and award credit for military service, credit may be granted for technical courses taken pursuant to military training. The applicant has the burden of showing the semester hours credit each course relied upon would be accorded toward a degree at an accredited U.S. university or college. Applicants should consult the Guide to Evaluation of Educational Experience in the Armed Services, which is available through the American Counsel on Education, Military Evaluation Program, 1 Dupont Circle, Washington, DC 20036.

Category C. Practical Engineering or Scientific Experience. If you are relying on practical engineering or scientific experience or if you cannot qualify under A or B above, you may establish that you possess the required technical training by taking and passing the Fundamentals of Engineering (FE) test. The FE test is a test of engineering fundamentals. The FE test is developed and administered by a State Board of Engineering Examiners in each State or comparable jurisdiction. The test is not administered by the U.S. Patent and Trademark Office or any other U.S. Government agency. If you desire to take the FE test, direct your inquiries to the Secretaries of the appropriate State Boards.

S. Martin Keleti
<keleti[_at_]manifesto.com> Received on Tue Aug 24 1999 - 17:40:16 GMT

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