Patent Attorney Vs Patent Agent: What's the Difference?

When it comes to patent your idea, Patent Attorney and Patent Agent are two common terms you come across. Whether you should seek services from a patent agent or a patent attorney? Often investors, entrepreneurs, and inventors face this confusion.

 

Patent Attorney and Patent Agent, these two terminologies are very much similar to each other. A Patent Attorney refers to a certified lawyer who holds a legal right to deal with patent litigation. They hold a law degree. The patent agent is also qualified to prosecute patents. This means they can also draft and file a patent application. 

 

Both professions demand the mandatory appearance and qualification in the exam required for the authentic registration from the United States Patent and Trademark Office. 

 

Patent attorneys as well as patent agents, both need to have some prerequisite technical knowledge in computers, science, or engineering. Along with that, they must have a minimum demonstrated competencies. These competencies are required for the preparation, patent application filing, and prosecution of patent applications with the USPTO. 

 

Most of the time, both the terms patent agent and patent attorney get interchanged as they share slight differences. They differ from each other with regards to their qualifications, roles, and their capacity to practice law. 

 

Key Factors that Differentiate a Patent Attorney and a Patent Agent

 

1. Qualification

 

The first and foremost difference between the two is that a patent attorney has gone to law school and qualified for an examination required for the registration to practice law. However, a patent agent has qualified only for the Patent Bar Exam and is registered to practice by the USPTO. A patent agent needs only technical training and qualification in the patent bar exam. 

 

2. Act as a Lawyer

 

A patent attorney is a lawyer and a patent agent is not a lawyer. This means a patent agent is not authenticated to offer any legal advice such as advice on patent licensing, patent infringement, business-related legal issues, etc. As only lawyers can represent you in legal proceedings, draft contracts, or non-disclosure agreements, a patent attorney holds the premium right to do so. Now we will take a deeper dive into the table showcasing the similarities and key differences between a Patent Agent and a Patent Attorney.

 

Patent Attorney VS Patent Agent 

Status	Patent Attorney	Patent Agent
Qualified for the filing of a patent with the USPTO	All the patent attorneys who have successfully qualified the Patent Bar exam are authorized for the filing of a patent/invention with the USPTO	All the patent agents are authorized for the filing of a patent/invention with the USPTO (all the patent agents are Patent Bar exam  qualified).
Technical & Scientific Competency	A Patent Attorney needs to have technical & scientific competency. Though technical training is not required to become a patent attorney, some sort of a scientific-technical background such as a degree in BS, MS, or Ph.D. is needed to mark the eligibility to apply for the patent bar exam.	Yes, a Patent Agent holds a technical degree like BS, MS, or Ph.D. from an accredited university as it is mandatory to appear for the patent bar exam.
Compulsion of Legal Training	The compulsion of Legal Training is present in the case of all patent attorneys. Patent attorneys undergo legal training and have a Juris Doctorate along with qualification in the bar exam for their concerned state Bar.	The compulsion of Legal Training is absent in the case of all patent agents. Patent agents hold technical degrees and not necessarily undergo legal training.
Qualified to offer legal advice	Patent attorneys are legally qualified and equipped to offer legal advice. They undergo legal training which is required for a thorough understanding of the patent.	Patent agents are lawfully prohibited from offering legal advice. Though they are allowed to file patents, they are not qualified to offer legal advice.
Average cost/hour	Though the prices may vary, typically they charge higher as they become proficient after the rigorous legal training.	Patent agents are cheaper as they do not have to undergo any legal training like patent attorneys.
Can I file a business trademark?	Though anyone can file a trademark, most people trust trademark attorneys as they can conduct deeper and wider searches for matters related to the proposed mark or simple TESS searches. Patent attorneys get higher training in law and hold specialization in intellectual property law so they are likely to provide reliable services in this regard.	Yes, Patent Agents can file a trademark but they cannot provide any legal advice.

 

Are you thinking of patenting your idea or invention?

 

A patent attorney or a patent agent, both can patent your idea. All you need to do is check out the years of experience a patent attorney or a patent agent has. In general, it requires many years of training and practice under a highly skilled practitioner, to become a competent patent attorney or a patent agent. For the best patent services in the US, Patent Services USA is one the leading patent service provider companies having a pool of highly competent patent agents and patent attorneys.