The U.S. Patent Office lists all currently registered patent attorneys and patent agents throughout the United States. But what is the difference between a patent attorney and a patent agent?
The simple answer is that both patent attorneys and patent agents can practice before the U.S. Patent Office. This means that both patent attorneys and patent agents can prepare and file patent applications and responses with the U.S. Patent Office (commonly called “patent prosecution”).
Patent agents cannot handle any legal matters or offer legal advice. While this may not seem like a big deal at first (who needs legal advice – I just need a patent application), it might be a bigger deal than you think.
Let’s start with a basic situation many inventors find themselves in. For example, you may decide to form a business for your invention. Or you may decide to sell your invention to a company. Patent agents are not allowed to prepare assignment documents if doing so is considered the providing of legal services. Most (if not all) of the time, this would be considered providing legal services. Therefore, a patent agent would not be able to help you transfer ownership of your patent. Instead, you would need to hire an attorney to help you with the assignment of ownership rights in your invention.
What if you want to license your invention? A patent attorney can help you with a licensing agreement.
What if you want to trademark a name or logo for your invention? A patent attorney can help you file a trademark application.
What if your invention can be protected by a copyright in addition to a patent? A patent attorney can help you file a copyright application.
These are just some examples of how a patent attorney might be able to help you when a patent agent would have to send you elsewhere for assistance.
You might be asking “Are patent agents less expensive than patent attorneys?” While some patent agents offer lower fees than some patent attorneys, this cannot be said of all patent agents and all patent attorneys. Look around and you might find some patent attorneys who charge less than patent agents. But remember, it isn’t always about the cost.
