what is the difference between a patent attorney and a patent agent?

What are the disadvantages of being a patent attorney?

The difference between patent attorneys and patent agents lies in their capacity to practice law. A patent attorney has attended law school and taken and passed an examination for registration to practice law in that state. A patent agent is not a lawyer and cannot provide any legal advice, including advice on patent licensing or patent infringement.

What is the average salary of a patent lawyer?

 · A patent agent is someone who has passed the Patent Bar through the U.S. Patent and Trademark Office (USPTO). A patent attorney is a person who has gone to and graduated from law school. This person has passed the …

What exactly does a patent lawyer do?

 · In one sentence: The difference between patent attorneys and patent agents is that patent attorneys (who are also patent agents) are licensed lawyers and can practice in court and give advice in all business related legal matters, while patent agents have only passed the Patent Bar Exam and are registered to practice by the USPTO.

How to find a good patent lawyer?

 · In most routine patent matters it should not make a difference if you hire a patent agent or patent attorney. However, if you need legal advice on enforcing your patent or if someone is threatening you with their own patent you will certainly need a patent attorney and not a patent agent at that point in time.

What is the difference between a patent attorney and a patent agent?

In many cases, a patent attorney can be considered for all legal matters involving patents, trademarks, infringements, and other legal matters, while a patent agent can only assist with patent applications and filings.

What is a patent agent?

Patent agents are people who have a great deal more education in terms of technical subjects and they likely possess a greater background in either science of engineering.

How to choose a patent attorney?

Without specialized knowledge, it's hard to tell who will be a good patent agent or attorney. However, here are a few tips to help you choose: 1 Find out how long the patent agent or attorney has been practicing, so you can see how much experience they have with patents. 2 Ask them about their background; it's helpful if they specialize in your invention's industry or field. 3 Make sure they are registered with the U.S. Patent and Trademark Office. 4 See if they have any certifications, and find out where they received training. 5 Look for referrals and reviews. 6 Check references, including a list of patent applications they have written in the past. 7 Ask for their price, which may be a fixed-fee quote for the job you need them to do. Armed with this information, you can make an educated decision on which agent or attorney to hire. 8 See how well they communicate with you and whether or not you can have a comfortable working relationship. This may be the most important consideration of all.

Where can a patent attorney practice?

Patent attorneys are able to practice at the U.S. Patent and Trademark Office. Additionally, they can practice in court. They can advise individuals in relation to contracts, and they can be involved with trials involved patents and trademarks.

Can a patent agent give legal advice?

Patent agents are not lawyers, and thus they cannot give any legal advice. Specifically, they cannot give legal advice when it comes to licenses and possible infringements on already licensed patents. Attorneys are the only people who can draft contracts and other documents like non-disclosure agreements.

How long does it take to become a patent agent?

For most patent agents, it takes several years of training minimally to operate at an optimal level of competency. Make sure to speak to agents and ask about their experience before working with them. Ask questions about education, training after college, and practice.

What is the difference between a patent attorney and a patent agent?

In one sentence: The difference between patent attorneys and patent agents is that patent attorneys (who are also patent agents) are licensed lawyers and can practice in court and give advice in all business related legal matters, while patent agents have only passed the Patent Bar Exam and are registered to practice by the USPTO.

Can a patent agent be a lawyer?

Patent agents are only allowed to practice “patent law” through or with the USPTO, but they are NOT lawyers and cannot provide legal counsel, especially if it relates to licenses or infringements on patents that are already licensed, nor can they represent you in court.

What are the qualifications for a patent attorney?

What are Patent Attorneys?: 1 Patent agents have all of the same qualifications as a patent agent, plus everything below. 2 Patent Attorneys have law backgrounds and degrees and must pass both the state bar and the Patent Bar exams, at which point they are registered with the USPTO and are authorized to write, file, and execute patent applications and perform patent searches. They are also able to advise individuals regarding contracts. 3 Patent attorneys are the only ones authorized to draft contracts, documents, and agreements, (such as non-disclosures etc.) and provide legal opinions and advice. Only attorneys licensed in a particular state can represent you in court. If your case get’s serious, you may end up needing a patent attorney anyways, and keeping everything under one roof might make the most sense.

How long does it take to get a patent?

Depending on how soon you want your idea to get to market, you may not necessarily need to pursue a patent. The patent process can take up to four years depending on the scale of the idea, and in many cases, timing is key.

Can a patent attorney practice law?

Only patent attorneys have this authorization. Patent agents are not able to practice or advise on law (i.e. non-disclosure agreements, infringement, trademarks, etc.).

What is a patent agent?

Patent agents tend to have greater knowledge and more of a background in technical subjects such as the sciences and engineering, and are more familiar with ideas and inventions related to these fields. Many law firms and legal departments will often employ patent agents for their extensive knowledge in these areas.

Can an attorney disclose client secrets?

This professional standard means attorneys may not divulge their clients’ secrets, nor can they be compelled to do so most notably in court. Patent agent are bound to uphold client/attorney privilege in patent matters. But importantly they are not protected in other legal matters.

Patent Agent vs Patent Attorney

The table above shows a quick summary of a patent agent vs a patent attorney. As you can see, both agents and attorneys can handle all matters related to writing and filing a patent. In most routine patent matters it should not make a difference if you hire a patent agent or patent attorney.

So who is better, a patent agent vs patent attorney?

Since we have already learned that both patent agents and patent attorneys can write and file patents for you, how do you choose? It is very hard for the average person to know who is a good patent agent and a good patent attorney.

No Obligation Price Quote - Confidential

Enter your information to get a customized price quote from a Registered Patent Agent (no obligation to purchase and all information kept confidential)

What is the difference between a patent attorney and a patent agent?

Differences between Registered Patent Attorneys and Registered Patent Agents 1 Only Registered Patent Attorneys have attended law school and hold an additional Law Degree which provides them with an edge in the Techno-legal process of Patents. 2 Only Registered Patent Attorneys can send Legal Notices if there is a potential infringement of your patent. 3 Only Registered Patent Attorneys can appear in Court of Law in case of Infringement. 4 It is preferable to work with a Registered Patent Attorney, if you need any legal advice for Infringement, Licensing or Commercialization of your Patent and related Agreements

What is the aim of a patent?

As the aim of the patent is to stop third parties from infringement of your invention whereas bad patents fail miserably at that. Only Registered Patent Attorneys have attended law school and hold an additional Law Degree which provides them with an edge in the Techno-legal process of Patents.

Confidentiality

Taking a look first at what each Patent Attorneys and Patent Agents have in common in their education backgrounds is that they each have studied, taken, and passed the USPTO Patent Bar Exam (and you saw how grueling it is).

Duties & Ethical Obligations

Similar to the discussion above, both Patent Agents and Attorneys are held to the same standard by the USPTO rules with respect to Inventor-Clients. These rules are published under Title 37 of the Code of Federal Regulations under Part/Chapter 11 (also called subchapter D).

Client-Lawyer Relationship

Rule 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer

Maintaining the Integrity of the Profession

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

State & Federal Rules

There are NO state rules governing the representation of Patent Agents, the only rules are found in 37 CFR Part 11 (shown above).

Patentability Opinions

Now that we’ve laid the groundwork for rules that Patent Agents and Attorneys must follow, we can now talk about the WORK they each can do for inventors!

Patent Office Actions

Just like the written description/specification – office action responses are for the most part going to be handled in very much the same way no matter if an Agent or Attorney is at the helm.

What is a patent attorney?

A patent attorney is essentially a patent agent who also holds a legal degree. Like engineers and agents, these attorneys must have formal education in a scientific or technical area. This may include a Bachelor of Science, Master of Science or a Ph.D. These professionals then attend law school, and they must pass the bar exam in the state where they intend to practice.

What does a patent engineer do?

Occasionally, the patent engineer works closely with the inventor to better understand the new product or process so that it can be adequately described in the specification.

Who is Jeff Williams?

Jeff Williams is an experienced mechanical engineer and lawyer that consults closely with clients in a strait forward and clear manner. He brings a particular set of strengths and unique perspectives to the firm. 
 Jeff received a B.S. in Mechanical Engineering from Arizona State University in 2005. He was an engineer for a number of years at a number of large corporations before pursuing his law degree. He graduated from Texas A&M University School of Law (formerly Texas Wesleyan University School of Law) with a J.D. in 2010. By combining his education and prior work experience into the field of intellectual property law, Jeff has developed key skills to fully assist clients. View all posts by Jeff Williams