What are the Differences and Similarities between Patent Attorneys and Patent Agents?
The primary difference between a patent attorney and a patent agent is that a patent attorney is a law school graduate who is admitted to practice law in at least one U.S. state or territory. Further, in contrast to a patent agent, a patent attorney may provide a client with legal advice (where authorized) beyond the preparation and prosecution of a patent application (e.g., provide representation in a patent litigation (Federal Court) proceeding or an opinion regarding various patent-related matters, including: patent validity, infringement, and clearance.) Additionally, a patent attorney may prepare and prosecute federal trademark applications before the United States Patent and Trademark Office (USPTO). It should be noted that unless an attorney is registered before the USPTO, it is improper for an attorney to employ the designation of “patent attorney.”
The primary similarity between a patent attorney and a patent agent is that both passed the USPTO Registration Exam (Patent Bar) and are authorized to prepare and prosecute patent applications before the USPTO. Further, both patent attorneys and patent agents hold a scientific or engineering undergraduate degree or equivalent training as determined by the USPTO.