Federal Circuit blocks Chinese graduate from patent agent job

A Chinese graduate with a US student visa cannot register as a patent agent at the US Patent and Trademark Office (USPTO), according to a ruling from the US Court of Appeals for the Federal Circuit.

Yesterday, the Federal Circuit affirmed a USPTO decision that Jinyang Guo cannot practice because of restrictions on his employment based on his status as a “non-immigrant alien”.

The USPTO’s Office of Enrollment and Discipline had denied Guo’s application because of incompleteness, explaining that Guo had failed to show he was authorised to be employed in a “capacity of representing patent applicants”.

Guo was then invited to submit additional information.

In his response, Guo argued that his background in the field of electrical engineering was sufficient to permit him to register to practise and that denial of his application violated his equal protection and due process rights.

This went back and forth, with the office requesting that Guo submit documentation related to his ability to work in the US in the legal field.

He then submitted a petition for review to the office—but it was rejected.

Michelle Lee, the director of the USPTO, affirmed the denial after Guo submitted a petition for review with her.

Guo then filed a pro se complaint at the US District Court for the Eastern District of Virginia.

The district court affirmed the denial of Guo’s application and dismissed, for lack of jurisdiction, Guo’s claims for damages resulting from the denial of his application.

Guo filed an appeal against the decision upholding the denial of his application, but not the dismissal of damages.

“Agreeing with the district court that the director’s decision was not arbitrary, capricious, an abuse of discretion, or contrary to law, we affirm,” said the Federal Circuit.

It added that the USPTO hadn’t denied Guo due process in rejecting his application, finding that Guo had been given notice of the requirements for registration at issue.

“And he was given full process in his particular proceeding, including an ample opportunity to add evidence after identification of the relevant deficiencies,” added the court.

In May 2014, Guo received a JD from Washington University in St Louis, Missouri.

The following May, he received a master’s degree in electrical engineering from the same university.

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