subject: 2 Differences Between A Patent Attorney And Patent Agent [print this page] As an inventor, you will want to get a patent to protect your invention. Getting a patent is a long, drawn out legal process for which you will need professional advice. You have the option of hiring either a patent attorney or patent agent for this. But before that you need to know the difference between a patent attorney and patent agent. Many think that they are the same. However, though both are experts in patent application procedures, the main difference between the two is that only the attorney can represent you in court on any legal matters.
Patent Attorney
*Patent attorneys are lawyers and have passed the patent bar examination. They are recognized by the patent office and can advise you on legal matters pertaining to your invention patent. They will help you draft and file the application, and help you with the laborious process of getting your invention patented. The patent attorney represents you in any law suit that you may need to file against someone who may have infringed on your patent right, and defends you in case you are the one being sued. All legal documents can only be drafted by a patent attorney.
*Qualifications: Patent attorneys generally have an undergraduate degree in engineering or science along with a degree in law and a license to practice patent law. The patent office has a list of attorneys who are licensed to practice, monitors attorney conduct and can also disbar any for misconduct.
Patent Agent
*A patent agent knows the ins and outs of patent laws and application procedures, as well as an attorney does. The difference here is that they haven't sat for/passed the patent bar examination. The patent agent can do everything the attorney does, like drafting the applications, describing the invention and setting down the claims. However, they cannot offer legal advice or pass themselves off as patent attorneys.
*Qualifications: Patent agents must have at least a bachelor's degree in physical science or engineering. They also have to pass an exam that will permit them to help inventors in the patent process. Here too, the patent office has a list of authorized agents and can suspend or ban an agent for misconduct.
Before you hire either a patent attorney or agent, you must ensure that they are recognized by the patent office. You can do this by searching for them on the patent office's website. You can also find one by looking up the list of those who practice in your region.
