Key Takeaways

  • A patent agent is licensed by the USPTO to prepare and prosecute patent applications but cannot provide broader legal services.
  • A patent attorney has both a law degree and USPTO registration, allowing them to handle patents and legal matters such as litigation, licensing, and contracts.
  • Patent agents often have strong technical or scientific backgrounds, making them valuable for drafting highly technical applications.
  • Choosing between a patent agent or attorney depends on your needs—agents are cost-effective for filing, while attorneys cover broader legal protection.
  • Both career paths require USPTO registration, but attorneys must also complete law school and pass a state bar.
  • Patent agents and attorneys can work in law firms, corporations, government, or independently, with career mobility between agent and attorney roles.

What is a patent agent vs. patent attorney?

  • A patent agent is someone who has passed the Patent Bar through the U.S. Patent and Trademark Office (USPTO).
  • A patent attorney is a person who has gone to and graduated from law school. This person has passed the State Bar exam as well as the USPTO exam.

Both are registered with the USPTO and can prepare, file, and execute applications for patents on behalf of individuals or clients.

Patent Agent vs. Patent Attorney

Patent attorneys are able to practice at the U.S. Patent and Trademark Office. Additionally, they can practice in court. They can advise individuals in relation to contracts, and they can be involved with trials involved patents and trademarks.

Patent agents are people who have a great deal more education in terms of technical subjects and they likely possess a greater background in either science of engineering. Many agents will come to the law field after a career in a technical one.

The vast majority of inventions are ones that involve an aspect of engineering or science, so the USPTO does ask that individuals who become patent agents have a background in one of these two fields. This background is necessary before being able to take the Bar.

Patent agents are only specifically allowed to practice patent law through or with the USPTO. However, these individuals are often hired by law firms due to their extensive technical backgrounds. Legal departments for larger corporations will hire these people at times for the same reason. Patent agents may also be referred to patent attorneys due to a more diverse background.

Roles and Responsibilities Compared

While both patent agents and patent attorneys are registered with the U.S. Patent and Trademark Office (USPTO), their roles differ in scope. A patent agent focuses almost exclusively on preparing, filing, and prosecuting patent applications. Their strong technical or scientific background often makes them highly skilled in translating complex inventions into clear patent claims. However, they cannot represent clients in court, negotiate licensing agreements, or handle infringement litigation.

In contrast, a patent attorney has the dual qualification of passing a state bar exam and the USPTO exam. This allows them to practice law broadly, represent clients in federal court, draft licensing agreements, advise on intellectual property strategy, and handle disputes. This broader capacity is particularly important if an invention may face challenges or if the business intends to commercialize and license technology.

Who Is Better?

Patent attorneys and agents are similar in a lot of different ways. Both of these professionals can prepare, execute, file patent applications with the USPTO. The main difference between these two individuals is the larger capacity for them to be able to practice law.

Patent agents are not lawyers, and thus they cannot give any legal advice. Specifically, they cannot give legal advice when it comes to licenses and possible infringements on already licensed patents. Attorneys are the only people who can draft contracts and other documents like non-disclosure agreements. The lawyers are the ones who can represent clients during legal proceedings that involve the state or federal court system.

There are a wide variety of patent attorneys who actually start as patent agents and then go to law school to become patent lawyers.

Experienced patent agents are individuals who can capably prepare patents in a complete manner. This is true of attorneys as well, and who is better really depends on the experience held by the individual when it comes to the work and assistance they can provide you.

For most patent agents, it takes several years of training minimally to operate at an optimal level of competency. Make sure to speak to agents and ask about their experience before working with them. Ask questions about education, training after college, and practice.

While less experienced agents may ask for smaller fees, this may not turn out to be a bargain down the road. Basically, a lawyer may be needed to fix the application completed by an inexperienced agent.

When it comes to looking at attorneys and their experience, a person with three years of law school, a law degree, and a license to practice after passing the Bar is a good requirement to go by.

You should not consider lawyers who have practiced patent law only. Individuals who are experienced in a range of law subjects are a better choice. Also, a lawyer who has worked to prosecute patent infringement cases, litigate intellectual property concerns, and prepare paperwork in relation to trademarks may be a good choice. In many cases, a patent attorney can be considered for all legal matters involving patents, trademarks, infringements, and other legal matters, while a patent agent can only assist with patent applications and filings.

Cost Considerations

One important distinction between patent agents and attorneys is cost. Because patent agents are not licensed attorneys, their billing rates are often lower than patent attorneys. This can make them a cost-effective choice for straightforward patent filings, especially for startups or individual inventors. However, if litigation, licensing, or complex legal issues arise, hiring an attorney from the outset may ultimately save time and money.

Choosing a Patent Agent or Attorney

Ultimately, your decision about whether to hire a patent agent or a patent attorney should be based on what tasks you need them to do. A patent agent has restrictions on what they can do regarding patents, applications, and inventions. All they do is write up an application for a patent and file it for you with the U.S. Patent and Trademark Office. They can serve as a liaison between you and the Patent Office, dealing with communication as required on a timely basis.

A patent attorney can do much more, including offering you legal advice as you navigate the system while working to obtain a patent for your invention. Hiring an attorney from the beginning can save you the effort of hiring one later on if legal issues should come up.

Although a patent attorney can handle a wider range of tasks, for most inventors' needs, it won't matter if they choose a patent attorney or patent agent. A patent agent may not charge as high a rate, however. Therefore, the most important considerations are their experience, training, and skill.

Make sure your patent agent or attorney is a registered practitioner. If they are not, they will not be legally allowed to file a patent. Just because a company advertises its ability to assist with obtaining a patent, do not assume its agents are registered. You can look them up at the OEDCI page on the U.S. Patent and Trademark Office website.

Without specialized knowledge, it's hard to tell who will be a good patent agent or attorney. However, here are a few tips to help you choose:

  • Find out how long the patent agent or attorney has been practicing, so you can see how much experience they have with patents.
  • Ask them about their background; it's helpful if they specialize in your invention's industry or field.
  • Make sure they are registered with the U.S. Patent and Trademark Office.
  • See if they have any certifications, and find out where they received training.
  • Look for referrals and reviews.
  • Check references, including a list of patent applications they have written in the past.
  • Ask for their price, which may be a fixed-fee quote for the job you need them to do. Armed with this information, you can make an educated decision on which agent or attorney to hire.
  • See how well they communicate with you and whether or not you can have a comfortable working relationship. This may be the most important consideration of all.

Industries and Work Environments

Patent professionals can work in a variety of settings:

  • Law firms: Patent agents and attorneys may collaborate to handle different aspects of client needs.
  • Corporations: Many technology and pharmaceutical companies hire in-house patent professionals to manage their intellectual property portfolios.
  • Government: Some work for the USPTO as examiners or advisors.
  • Independent practice: Experienced patent agents sometimes build their own practices focusing on drafting and prosecuting patents.

This variety of work environments means that inventors may encounter both attorneys and agents depending on their industry and the complexity of their inventions.

Thinking of Becoming a Patent Agent?

After reading about the comparison between patent agents and attorneys, perhaps you're considering this as a career choice. Patent agents have many opportunities. They may work in an attorney's office, or find employment at major corporations in their legal department. They can also work as independent patent agents or even work for the U.S. Patent and Trademark Office as a patent examiner.

The USPTO reports that in 2013, there were over 42,000 registered patent practitioners. About one-quarter of these were patent agents, and the other 75 percent were patent attorneys. Another report from the same year indicates that the average salary for a privately employed patent agent was about $92,000.

Education and Licensing Requirements

To qualify as a patent agent, you must:

  • Hold a degree in science or engineering (or meet equivalent coursework requirements).
  • Pass the USPTO Patent Bar Exam, which tests knowledge of patent law and procedures.

To qualify as a patent attorney, you must complete those steps plus:

  • Earn a law degree (J.D.).
  • Pass a state bar exam to practice law.

Both agents and attorneys are bound by ethical standards and must maintain USPTO registration. However, only attorneys can provide legal opinions on infringement, validity, and enforceability.

Getting a Patent: Where to Start

There are a few parts of the patent application process you can do yourself before choosing and hiring a patent agent or attorney. First, you can conduct a free patent search at the U.S. Patent Office website. To see patent drawings, you will need software to read TIFF images; this is available through a link on the Patent Office website. You can also search for patents at www.google.com/patents.

Tips for Getting a Patent

Do not be tempted by companies that advertise their help with submitting your invention, as many of them are scammers. If you sell your invention, offer to sell it, use it in public, or publish information about your invention before filling out the patent application, you could lose your ability to get a patent.

It's recommended that you do a patent search as a first step. It's not required, but helpful. It is also recommended that, if appropriate, you make a working prototype of your invention before applying for a patent.

When to Work with Each Professional

  • Use a patent agent when your main concern is drafting and filing a high-quality application at a lower cost. Their technical background often makes them excellent at describing complex inventions.
  • Use a patent attorney if your invention may be commercialized, licensed, or challenged, since they can handle broader legal implications beyond the patent office.
  • In many cases, inventors start with a patent agent and later bring in an attorney if disputes or licensing negotiations arise. Some law firms even use a hybrid model, where attorneys and agents collaborate on cases.

Frequently Asked Questions

  1. What is the difference between a patent agent and a patent attorney? 

    A patent agent can draft and prosecute patent applications before the USPTO but cannot provide legal services outside patent law. A patent attorney can do the same work plus represent clients in court and handle contracts, licensing, and litigation.

  2. Is a patent agent cheaper than a patent attorney?

    Yes. Patent agents generally charge lower fees because they are not licensed attorneys. They are a cost-effective option for drafting and filing patent applications.

  3. Can a patent agent represent me in court?

    No. Only patent attorneys can represent clients in federal or state courts in cases involving patent infringement or licensing disputes.

  4. Do patent agents need a law degree? 

    No. Patent agents need a science or engineering background and must pass the USPTO Patent Bar Exam. Patent attorneys must also attend law school and pass a state bar exam.

  5. Can I switch from being a patent agent to a patent attorney?

    Yes. Many patent agents later attend law school, pass a state bar, and become patent attorneys. This career path is common for those who want to expand their practice.

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