Patent Agents and Patent Attorneys, typically
referred to as Patent Practitioners, have expertise in assisting innovators
obtain patent protection for their ideas and inventions. Patent Practitioners are qualified to prepare
and pursue
Individuals claiming to be Patent Practitioners must have passed the Patent Bar Examination administered by the US-PTO. The US-PTO regards Patent Agents to be just as well qualified as Patent Attorneys, as long as they have passed the same examination and are registered with the Office. In order to qualify for the Patent Bar, Patent Practitioners must have a university degree in an approved field and must also have an intricate and detailed knowledge of patent laws, rules, and regulations promulgated by the US-PTO. After passing the examination, Patent Practitioners are admitted to the Patent Bar at the US-PTO after having taken a solemn oath to uphold the laws, regulations, and rules of practice of the US-PTO, including a strict Canon of Ethics. As such, both Patent Agents and Patent Attorneys are required to have an in-depth understanding of the same subject matter, applicable case law, current state of the art, prior art in public domain, etc.
The primary difference between Patent Attorneys and Patent Agents is:
1. Patent Agents are not attorneys-at-law, and as such, cannot conduct patent litigation in the Courts or perform certain other services which are considered by the local jurisdiction as practicing law;
2. Patent Agents do not have a Juris Doctrate (JD), i.e., a law degree. However, Patent Agents are required, as a minimum, to have a Bachelor’s degree in a technical or scientific field such as one or more branch of engineering, biology, physics, chemistry, computer science, etc.; and
3. Patent
Attorneys are individuals who, as a minimum, have a JD and have also been
admitted to practice law (any area of law) in at least one of the States of the
Any individual, group, or organization may itself prepare and apply for their own patent. The US-PTO is an exceptionally excellent source for guidance and assistance in patent related matters. The Office provides application instructions including the fees payable at each step in the process.
Patent applications are highly complex by nature. Each application must conform to rigid requirements as dictated by the patent laws, rules, and regulations. The strength and validity of a patent will primarily depend on the wordings of the claims in particular and of the application in general. Preparing a patent application, especially writing patent claims and negotiating the wording of the claims with the patent Examiner, are complex tasks. Therefore, it is imperative for all those interacting with the Office to possess exceptional skills in written and verbal communications, and also for pleading and negotiating the patent claims with the Examiner. In some instances it may become necessary to appeal an Examiner’s rejection before a panel of Administrative Patent Judges at the Board of Patent Appeals and Interferences (BPAI).
There are many resources available to assist in searching for the right Patent Practitioner, including the InterNet, trade associations, and local legal associations. However, the best first stop is again the US-PTO web site, which maintains a master list of Patent Practitioners licensed to practice before the Office. In general, Patent Agents will be less expensive than Patent Attorneys in assisting the innovator secures patent protection. Regardless of whether you are considering a Patent Agent or a Patent Attorney, you should first develop an understanding of your desired result. There are major pitfalls to be avoided when considering obtaining patent protection. The first rule is to always know who you are dealing with when seeking professional advice and expertise.
The National Inventor Fraud Center was founded to serve as a central clearinghouse for known examples of individuals and companies who advertise a registry service and do not follow through with their obligations. The Center's web site lists some common rules that provide protection to novices and includes links to other helpful web sites. A Complaint Regarding Invention Promoter may also be filed with the US-PTO. Several other sources are also available such as the Federal Government’s Consumer Sentinel.
Following these suggestions could save you time and money. As an example, there are a number of web-based and other resources available to help you gain a good understanding of what other patents have established claims related to your technology. Again, the US-PTO’s Patent Full-Text and Full-Page Image Databases is an excellent resource. The more you know about related, and also un-related, technologies concerning your invention, the better prepared you'll be in securing your property rights.