Only U.S. citizens or permanent residents can be registered to practice law in patent matters before the Office. 37 CFR §§ 11.6(a) and (b). It has been the long-standing practice of the Office to grant limited recognition under 37 CFR § 11.9(b) to nonimmigrant aliens who demonstrate that they are authorized to be employed or trained by a specific employer in the capacity of preparing and prosecuting patent applications.
Limited recognition grantees may, during the term of their grant, hold themselves out to the public only as having been granted limited recognition to practice in patent matters before the Office. For example, any published biographical information regarding a grantee’s ability to practice before the Office in patent matters must include an indication of their limited recognition status and shall not reference that they are registered to practice in patent matters before the Office. Limited recognition grantees are not authorized to hold themselves out as being registered to practice in patent matters before the Office. Failure to comply with this requirement may result in the revocation of a grant of limited recognition to practice in patent matters before the Office. Persons granted limited recognition may apply for registration if their immigration status changes to United States permanent residence or citizenship.
Interested parties may apply via the applicant portal at https://oedci.uspto.gov/OEDCI/.