QUESTION

What is this thing called a patent agent?

Asked on Apr 17th, 2015 on Patents - Massachusetts
More details to this question:
Is a patent agent different than a lawyer? Do you need both to file a patent? I want to file a patent and was just wondering if I should find one.
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4 ANSWERS

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Either a patent attorney or a patent agent can help you complete and submit a patent application. The attorney has passed the general bar exam and is licensed to practice law. Both the attorney and the agent have backgrounds in science or engineering and both have passed the patent bar exam. It is well worth the time and money to have an agent or attorney help you with your application as getting a patent is generally very expensive and the agent or attorney can make sure you're not wasting your money.
Answered on Apr 20th, 2015 at 1:23 PM

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In brief, a patent agent is an individual having a technical background who has passed an exam that qualifies the individual to draft and prosecute patent applications for others. A patent agent is not qualified to practice law. A patent attorney is qualified to draft patents *and* practice law (e.g. both). Some aspects of patent practice require legal skills, knowledge, and licensure that a patent agent would not have. Usually, a patent agent charges less than a patent attorney. On the other hand, a patent attorney generally has skill and knowledge that a patent agent does not have. You can also self-file your patent application and prosecute it yourself. However, when difficult problems or issues come up, the patent attorney should be much better equipped to help overcome them (e.g. patent attorney > patent agent > self-help, usually).
Answered on Apr 17th, 2015 at 1:25 PM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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An attorney who is registered to practice with the US Patent and Trademark Office is called a patent attorney. A non-attorney who is registered to practice with the US Patent and Trademark Office is called a patent agent.
Answered on Apr 17th, 2015 at 12:34 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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Patent Attorneys must graduate from law school and then pass (at least) two bar exams - one for the state where they work and the Patent Office bar exam. Patent agents have, like patent attorneys, at least a bachelor's degree in science or engineering - and they must pass the Patent bar exam. Patent agents are NOT attorneys - so they cannot do any legal work other than patent application work. You can hire either person to do your patent work - and the agent is typically lower cost than the attorney. You can search for agents and attorneys at this website - part of the US Patent & Trademark Office (USPTO) site: https://oedci.uspto.gov/OEDCI/ Note that you can search by name or by city & state, as well as by business name. Good Luck!
Answered on Apr 17th, 2015 at 12:30 PM

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