patent agent vs patent attorney

I’m studying to become a patent agent, and whenever I mention it to anybody  I get the same response.

“A patent agent? What the hell of that.  Is it like a patent attorney?”

Kind of.  Here’s how the USPTO breaks it down.

what is a patent agent?

From a qualifications standpoint, there is only one difference between patent agents and attorneys:

To be patent agent, you need two things:

1. One of these technology degrees.
2. Pass the patent bar examination.

To be a patent attorney, you need three things:

1. One of these technology degrees.
2. Pass the patent bar examination.
3. Have a law degree.

From a capabilities standpoint, patent agents are equally qualified to prepare a patent application and conduct the proceedings in the PTO.  You only need a patent attorney if you require services that your state considers to be practicing law, for example

• Writing up a licesning contract.
• Conduct patent litigation in courts.

The laws vary state to state, but if you want more than getting a rock-solid patent, it’s best to go with someone who went to law school.

why patent agents exist

There is no law that says you need to hire a patent agent or attorney to attain a patent. Inventors can prepare and file their own applications, as well as conduct the proceedings themselves. It’s definitely an option, but it’s alot like representing yourself should you end up in criminal court. Only instead of going to jail if you screw up, your patent application gets rejected.

Or (perhaps worse) it might get granted, but doesn’t provide adequate protection. A poorly written patent is as good as no patent.

avoid scams

Once you have decided against going it alone, know this: Only patent agents and patent attorney’s are legal allowed to represent a 3rd party (you). There are alot of organizations that advertise “patent searching” or “invention marketing services” who are NOT legal patent agents or attorneys and are therefore unable to represent you.

Before you sign on with anybody, check the USPTO’s online database of official patent attorneys and patent agents.

I know it’s kind of a dry subject, but IP is the backbone of most start-ups, and therefore product development. So while it may not be sexy, it’s relevant information that product designers and engineers really should know. There’s no sense in designing something that can’t be sold.

You’ve got to find that white space first.

More IP stuff to come, I just needed to clear up the patent agent/attorney thing. Do you have any IP questions that you need answered? Let me know in the comments.

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