Patent Agents and Patent Attorneys

In the United States there are both patent attorneys and patent agents. Both are authorized to practice before the U.S. Patent and Trademark Office. This means that a member of either group can write up and prosecute patent applications for inventors as a business. Any inventor can write up the application for his or her own invention, but anyone who wishes to make a business of writing patent applications must become either a patent agent or patent attorney.

Both patent attorneys and patent agents must pass the same examination and follow the same set of rules for practicing before the patent office. Both must also have a bachelor's degree or equivalent education in a technical field. This means either one of the recognized engineering degrees or science such as physics, chemistry and biology. A degree in mathematics is not acceptable. In lieu of a degree, a substantial number of credit hours in basic science courses would be acceptable. The exam is given throughout the United States twice a year. It is a six-hour open book test consisting of 100 questions.

Patent attorneys and patent agents have all of the same rights to practice patent law before the patent office. A patent agent cannot represent a client in any legal matters such as license agreements and patent assignments. A patent agent can assist a client in patent applications, but cannot assist in any kind of litigation even if it is patent-related.

In general, patent attorneys charge higher fees because of their extensive education and training. The patent attorney must be admitted to practice law before the bar in at least one state before being registered with the patent office.

It is not an easy choice when trying to pick the best person to represent the inventor. The key is in the specific experience of the individual intellectual property (IP) professional. A professional who is experienced in the field of the specific invention should be able to write a strong patent application in less time. This should result in less cost to the inventor and a better-issued patent. The key is to carefully investigate the background and experience of the IP professional. The writing of patents requires a rigorous approach and experience.