[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR11.6]

[Page 373-374]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 11_REPRESENTATION OF OTHERS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE--Table of Contents
 
           Subpart B_Recognition To Practice Before the USPTO
 
Sec. 11.6  Registration of attorneys and agents.

    (a) Attorneys. Any citizen of the United States who is an attorney 
and who fulfills the requirements of this part may be registered as a 
patent attorney to practice before the Office. When appropriate, any 
alien who is an attorney, who lawfully resides in the United States, and 
who fulfills the requirements of this part may be registered as a patent 
attorney to practice before the Office, provided that such registration 
is not inconsistent with the terms upon which the alien was admitted to, 
and resides in, the United States and further provided that the alien 
may remain registered only:
    (1) If the alien continues to lawfully reside in the United States 
and registration does not become inconsistent with the terms upon which 
the alien continues to lawfully reside in the United States, or
    (2) If the alien ceases to reside in the United States, the alien is 
qualified to be registered under paragraph (c) of this section. See also 
Sec. 11.9(b).
    (b) Agents. Any citizen of the United States who is not an attorney, 
and who fulfills the requirements of this part may be registered as a 
patent agent to practice before the Office. When appropriate, any alien 
who is not an attorney, who lawfully resides in the United States, and 
who fulfills the requirements of this part may be registered as a patent 
agent to practice before the Office, provided that such registration is 
not inconsistent with the terms upon which the alien was admitted to, 
and resides in, the United States, and further provided that the alien 
may remain registered only:
    (1) If the alien continues to lawfully reside in the United States 
and registration does not become inconsistent with the terms upon which 
the alien continues to lawfully reside in the United States or
    (2) If the alien ceases to reside in the United States, the alien is 
qualified to be registered under paragraph (c) of this section. See also 
Sec. 11.9(b).
    (c) Foreigners. Any foreigner not a resident of the United States 
who shall file proof to the satisfaction of the OED 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 Sec. 11.7, 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 that the patent office of such country allows 
substantially reciprocal privileges to those admitted to practice before 
the Office. Registration as a patent agent under this paragraph shall 
continue only during the period that the conditions specified in this 
paragraph obtain. Upon notice by the patent office of such country that 
a patent agent registered under this section is no longer registered or 
no longer in good standing before the patent office of such country, and 
absent a showing of cause why his or her name should not be removed from 
the register, the OED Director

[[Page 374]]

shall promptly remove the name of the patent agent from the register and 
publish the fact of removal. 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.
    (d) Board of Patent Appeals and Interferences matters. For action by 
a person who is not registered in a proceeding before the Board of 
Patent Appeals and Interferences, see Sec. 41.5(a) of this title.

[69 FR 35452, June 24, 2004, as amended at 69 FR 50003, Aug. 12, 2004]