PATENT AGENTS
AND 
PATENT ATTORNEYS
  

The patent laws permit a person to apply for patents personally, without a patent attorney or agent, but it is not recommended. The inventor who gets his own patent usually ends up with a very weak patent.

There are two classes of professionals qualified to help get patents: patent attorneys and patent agents. Both must have a degree in engineering or in basic science, both must have taken a course of study in the rules of practice of the patent office, i.e., patent law, and both must have passed the Patent Law Bar Examination.

The difference between a patent attorney and an agent is that the attorney has graduated from law school and is a member of the bar. Therefore, a patent attorney is able to charge more. Patent agents' fees may average $120 per hour and patent attorneys' fees may average $250 dollars an hour. For getting patents, attorneys and agents are equal except for cost; but attorneys can negotiate contracts for you and represent you in court, while agents cannot because they are not lawyers.

How does an inventor choose between a Patent Agent or Patent Attorney? Experience, Quality and Turnaround Time are key factors in the performance of a Patent Attorney or Patent Agent.

A Patent Agent is registered to practice patent law before the U.S. Patent and Trademark Office. A Patent Agent has a technical engineering degree or equivalent experience, and has successfully passed the U.S. Patent Office Exam, or has served for four years or more as a U.S. patent examiner before entering private patent practice. A Patent Agent specializes in patent practice before the U.S. Patent and Trademark Office, and does not enter into the practice of law outside of the USPTO.

A Patent Attorney is an attorney who is registered to practice patent law before the U.S. Patent and Trademark Office, and is also registered to practice law in at least one state. To become a Patent Attorney, the attorney must also successfully pass the U.S. Patent Law Bar Exam. Many Patent Attorneys also have a technical engineering degree, or equivalent experience. A Patent Attorney may also practice law outside of the U.S. Patent and Trademark Office.

The difference is a technical one. A Patent Agent may draft and file a patent application and conduct business with the U.S. Patent and Trademark Office. Once the patent has been issued, the Patent Agent may track the life of the patent, but may not represent the patent, assignee, or inventor in court, should problems arise. The Patent Attorney may represent the patent, assignee, or inventor in court. In short, a Patent Agent is a engineer with qualifications in the patent arena, and a Patent Attorney is a lawyer with qualifications in the patent arena.