The Difference Between Patent Agents and
Patent Attorneys
All states
require that a person who represents you in court or in
any other legal matter be trained in the law and pass a
bar admission examination. The United States
Patent and Trademark Office is no exception.
The United States Patent and Trademark Office has a bar of
persons with technical degrees or equivalent, who can
represent inventors in an application for patent
registration before the Patent Office.
These
representatives are called "Patent Agents" because they have
technical skills and have passed the bar examination of the
Patent Office. If an
attorney is licensed in his/her home state, has a technical
degree or equivalent, and passes the bar examination of the
United States Patent and Trademark Office, then that person is registered with the
Patent Office as a Registered "Patent Attorney" and can
represent inventors before the Patent Office.
Since the Patent Bar Examination is focused on the federal
laws and rules governing preparing an application for patent
registration and prosecution of that application before the
United States Patent and Trademark Office, passing this examination only qualifies the
person to practice before the United States Patent and
Trademark Office.
The
Patent Agent cannot give legal advice outside of patent
registration unless the person is also a licensed state
attorney.
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