Prepares and presents patent application to U.S. Patent Office and in patent courts, according to familiarity with patent law and filing procedures. Must be registered by U.S. Patent Office. Cannot practice law or appear in other courts.
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner.
The titles patent agent and patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are interchangeable, in others the latter is generally used only if the person qualified as a lawyer.
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner.
The titles patent agent and patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are interchangeable, in others the latter is generally used only if the person qualified as a lawyer.
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In the United States, a practitioner may either be a patent attorney or patent agent. Both patent attorneys and patent agents have the same license to represent clients before the Patent Office, part of the United States Patent and Trademark Office (USPTO). Both patent agents and patent attorneys may prepare, file, and prosecute patent applications for their clients before the Patent Office. Patent agents and patent attorneys may also provide patentability opinions, as noted by the U.S. Supreme Court in Sperry v. Florida.[13]
Patent attorneys are also admitted to the practice of law in at least one state or territory of the United States. In the time since the USPTO issued the first patent in 1790, approximately 62,000 citizens have passed the patent bar and hold a license to prosecute patent applications.[14] Only about 27,000 of those license holders are also licensed to practice law.[15] Of the states, California has the most patent attorneys (and agents), followed by New York and Texas [16]. Per capita, Delaware has more patent attorneys (and agents) than any state (not including DC). Both Patent Attorneys and Patent Agents are generally required to have a technical degree (such as engineering, chemistry or Physics) and must take and pass the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office.[17] Since patent attorneys are admitted to practice law in a state or territory, they can additionally provide legal services outside the Patent Office if practicing within the jurisdiction they are admitted to practice or if the law of the jurisdiction otherwise permits them to practice although not admitted in that jurisdiction. These legal services include advising a client on matters relating to the licensing of the invention; whether to appeal a decision by the Patent Office to a court; whether to sue for infringement; whether someone is infringing upon the claims of a client's issued patent; and conversely, whether a client is infringing the claims of someone else's issued patent. Patent agents cannot provide legal services of this nature, nor can they represent clients before the Trademark Office part of the USPTO.
In order to be registered as a patent agent or patent attorney, one must pass the USPTO registration examination.[18] This exam, commonly referred to as the "patent bar," tests a candidate's knowledge of patent law and USPTO policies and procedures as set forth in the Manual of Patent Examining Procedure (MPEP). Upon successful completion of the examination, one will be labeled as a "patent attorney" if he/she has already been admitted to a state or territorial bar. However, engineers, scientists and any other science based majors, as well as law students and law graduates who are not admitted to a bar, will be labeled as patent agents since they cannot give legal advice nor represent clients in court. The latest exam result statistics are from June 9, 2005 through October 17, 2006: during that time, 58.2% of the 4,165 candidates passed the exam, which was based upon MPEP, 8th Edition, Revision 2. [19] The current exam is based on MPEP, 8th Edition, Revision 4, as of October 19, 2006. (No tests were given based upon MPEP, 8th Edition, Revision 3.) The United States allows any citizen from any country to sit for the patent bar (if he/she has the requisite technical background). [20] None of the world's countries except Canada reciprocates to U.S. citizens the right which the U.S. grants to their citizens. [20]
A candidate must also have an adequate scientific and technical background or education to understand a client's invention. The educational requirement can be met by a bachelor's degree in a specifically enumerated major, such as Biology, Computer Science,[21] Chemistry, Microbiology, Physics, and Biomedical, Chemical, Civil, Electrical or Mechanical Engineering.[22] This is known as Category A qualification. One can also meet the scientific and technical training requirement by qualifying under Category B or Category C. Category B provides four distinct qualification options. Where each option sets a requisite number of semester hours in physics, biology, chemistry, computer science, and/or engineering. One can qualify under Category C through a showing that he or she has taken and passed the Fundamentals of Engineering (FE) examination. Specific details of the ways in which one can qualify for the USPTO registration examination are outlined in the USPTO Registration Statement. Degrees in the social sciences, mathematics or philosophy by themselves do not meet this requirement.
A candidate must also possess "good moral character and reputation" (37 CFR 11.7). If practicing outside the United States, a patent agent or patent attorney must be a U.S. citizen.
Patent attorneys are also admitted to the practice of law in at least one state or territory of the United States. In the time since the USPTO issued the first patent in 1790, approximately 62,000 citizens have passed the patent bar and hold a license to prosecute patent applications.[14] Only about 27,000 of those license holders are also licensed to practice law.[15] Of the states, California has the most patent attorneys (and agents), followed by New York and Texas [16]. Per capita, Delaware has more patent attorneys (and agents) than any state (not including DC). Both Patent Attorneys and Patent Agents are generally required to have a technical degree (such as engineering, chemistry or Physics) and must take and pass the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office.[17] Since patent attorneys are admitted to practice law in a state or territory, they can additionally provide legal services outside the Patent Office if practicing within the jurisdiction they are admitted to practice or if the law of the jurisdiction otherwise permits them to practice although not admitted in that jurisdiction. These legal services include advising a client on matters relating to the licensing of the invention; whether to appeal a decision by the Patent Office to a court; whether to sue for infringement; whether someone is infringing upon the claims of a client's issued patent; and conversely, whether a client is infringing the claims of someone else's issued patent. Patent agents cannot provide legal services of this nature, nor can they represent clients before the Trademark Office part of the USPTO.
In order to be registered as a patent agent or patent attorney, one must pass the USPTO registration examination.[18] This exam, commonly referred to as the "patent bar," tests a candidate's knowledge of patent law and USPTO policies and procedures as set forth in the Manual of Patent Examining Procedure (MPEP). Upon successful completion of the examination, one will be labeled as a "patent attorney" if he/she has already been admitted to a state or territorial bar. However, engineers, scientists and any other science based majors, as well as law students and law graduates who are not admitted to a bar, will be labeled as patent agents since they cannot give legal advice nor represent clients in court. The latest exam result statistics are from June 9, 2005 through October 17, 2006: during that time, 58.2% of the 4,165 candidates passed the exam, which was based upon MPEP, 8th Edition, Revision 2. [19] The current exam is based on MPEP, 8th Edition, Revision 4, as of October 19, 2006. (No tests were given based upon MPEP, 8th Edition, Revision 3.) The United States allows any citizen from any country to sit for the patent bar (if he/she has the requisite technical background). [20] None of the world's countries except Canada reciprocates to U.S. citizens the right which the U.S. grants to their citizens. [20]
A candidate must also have an adequate scientific and technical background or education to understand a client's invention. The educational requirement can be met by a bachelor's degree in a specifically enumerated major, such as Biology, Computer Science,[21] Chemistry, Microbiology, Physics, and Biomedical, Chemical, Civil, Electrical or Mechanical Engineering.[22] This is known as Category A qualification. One can also meet the scientific and technical training requirement by qualifying under Category B or Category C. Category B provides four distinct qualification options. Where each option sets a requisite number of semester hours in physics, biology, chemistry, computer science, and/or engineering. One can qualify under Category C through a showing that he or she has taken and passed the Fundamentals of Engineering (FE) examination. Specific details of the ways in which one can qualify for the USPTO registration examination are outlined in the USPTO Registration Statement. Degrees in the social sciences, mathematics or philosophy by themselves do not meet this requirement.
A candidate must also possess "good moral character and reputation" (37 CFR 11.7). If practicing outside the United States, a patent agent or patent attorney must be a U.S. citizen.
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