Can former employees of the USPTO waive the examination?
In certain cases former patent examiners and other former employees of the USPTO may be admitted to practice as a patent agent or attorney without taking the registration examination. Former patent examiners who by July 26, 2004 had not actively served four years in the patent examining corps, and were serving in the corps at the time of their separation must consult 37 CFR § 11.7(d)(1) for registration requirements premised on their service as patent examiner. Former patent examiners who by July 26, 2004 had actively served four years in the patent examining corps, and were serving in the corps at the time of their separation must consult 37 CFR § 11.7(d)(2) for registration requirements premised on their service as a patent examiner. Certain other former Office employees who were not serving in the patent examining corps upon their separation from the Office must consult 37 CFR § 11.7(d)(3) for registration requirements premised upon their service in the Office.