USPTO Limited Recognition Regulation for Aliens Upheld

The U.S. Court of Appeals for the Federal Circuit held that the U.S. Patent and Trademark Office (USPTO) decision granting only limited recognition to Lacavera, a non-immigrant alien, was not arbitrary and capricious. Lacavera v. Dudas, Case No. 05-1204 (Fed. Cir. Feb. 6, 2006) (Mayer, J.).

Lacavera is a Canadian citizen who held an H-1B visa, which restricted her employment in the United States. Her visa listed her employment activity as preparing and prosecuting patent applications for Google. In 2002, Lacavera passed the USPTO registration examination and was granted limited recognition by the USPTO pursuant to regulation 37 C.F.R. § 10.9 [now 37 C.F.R. 11.9(b)]. Lacavera challenged the USPTO decision asserting she should receive the same full recognition as U.S. practitioners.