Do I Need a Patent Attorney or a Patent Agent?

The United States Patent and Trademark Office, or USPTO, registers both attorneys at law and persons who are not attorneys at law. People who hold a law degree and have passed both the state bar and the patent bar exams are patent attorneys. People who have only passed the patent bar exam but not the state bar exam are patent agents. How do you know which one you need if you want to patent something?

Both agents and lawyers must be registered to practice cases before the USPTO, which is what happens when they pass the patent bar exam. Both are capable of handling a lot of the work in patent law, such as preparing an application for a patent and conducting the prosecution in the Patent and Trademark Office. There is one big difference between attorneys and agents, and that difference will help you decide which one you will need.

The patent agent can prepare and prosecute patent applications, conduct patent searches, and provide opinions on if the item of interest is able to receive a patent.

These are the same things that are done by a patent attorney. The difference is that an agent cannot represent a client in patent litigation, appeal to the Federal Circuit, offer advisement on patent infringement issues, or perform any kind of work with trademarks. A patent attorney can do it all.

For instance, if you have something you want to patent, but you also want to research and register a trademark, you cannot use the services of an agent; you will need a patent lawyer or patent firm. If you have received a revocation of your patent and wish to appeal in the Federal Circuit, you cannot use an agent. If you have a question about another person?s patent infringing upon yours, you cannot use an agent.

You can use a patent agent if you want to apply for a patent, or need an opinion to verify if your invention is patentable, then you can use a patent agent.

The patent attorney can handle all of the things that a patent agent does, but they provide extra services, additional information, advice, and resources.? A patent attorney or patent firm will handle your application and will be able to respond to any inquiries regarding your application. If you receive a rejection, the patent lawyer will be able to file an appeal for you. They can also give you advice on the best course of action to take in the event your patent is challenged in court by another person.

The patent agent and patent attorney can both file applications for you and can perform many of the same duties. The determining factor in choosing which one you need depends upon your need. Once you become aware of the fact that there is a difference between the two and what those differences are, you can make the best decision for you.

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