Patent Attorney - Definition
If you still have questions or prefer to get help directly from an agent, please submit a request.
We’ll get back to you as soon as possible.
- Marketing, Advertising, Sales & PR
- Accounting, Taxation, and Reporting
- Professionalism & Career Development
Law, Transactions, & Risk Management
Government, Legal System, Administrative Law, & Constitutional Law Legal Disputes - Civil & Criminal Law Agency Law HR, Employment, Labor, & Discrimination Business Entities, Corporate Governance & Ownership Business Transactions, Antitrust, & Securities Law Real Estate, Personal, & Intellectual Property Commercial Law: Contract, Payments, Security Interests, & Bankruptcy Consumer Protection Insurance & Risk Management Immigration Law Environmental Protection Law Inheritance, Estates, and Trusts
- Business Management & Operations
- Economics, Finance, & Analytics
Patent Attorney Definition
A patent attorney refers to a lawyer with professionalism in intellectual property law relating to securing and safeguarding the property rights of an inventor. Patent attorneys must have passed a federal exam known as the patent bar exam which licenses them to represent clients before the United States Patent and Trademark Office (USPTO). They must have passed the state bar exam as well which is mandatory for all attorneys to pass. Patents are granted to inventors of unique, effective, and unpopular inventions. Other countries might have various qualifications or certifications for patent attorneys or have patent processes which may need no more than someone with general legal qualifications.
A Little More on What is a Patent Attorney
Patent attorneys are professionals in preparing, as well as, filing patent applications and also representing clients in court for patent-related cases like licensing, re-examination, and infringement. Its also mandatory that they are experts in one or more technical fields important to comprehending a clients inventions, like computer science or biotechnology. Patent attorneys are also certified to give patentability opinions in court. Patent attorneys must be admitted to either a territory or state bar association, or that of the District of Columbia. U.S. patent attorneys.
Patent Attorney Examination
The USPTO registration examination, formally referred to as the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office or the "patent bar", evaluates the applicants knowledge of federal rules and regulations, patent procedures, and ethical guidelines. The exam, which has 100 multiple-choice questions, is offered throughout the year. Candidates have just six hours to successfully complete the test and its divided into two sessions. The morning three-hour session consists of 50 questions each and also 50 questions in the afternoon. For more, check out the USPTO'sRegistration Examination informational page.
Patent Attorney vs. Patent Agent
Do not mistake a patent attorney for a patent agent. In the U.S., patent agents can execute many of the same tasks as patent attorneys, including representing clients before the USPTO, but not in other legal contexts, like prosecution of a patent infringement. While you can go on to file a patent application by yourself, the USPTO recommends that you hire a patent attorney or agent. If you require the services of a patent attorney, click here to utilize the USPTO websites search list of attorneys licensed to practice before the USPTO. The patent office doesnt recommend patent attorneys neither do they regulate patent attorney fees.
Patent Attorney vs. Intellectual Property Attorney
Also, while patents are an intellectual property type, you shouldnt hire an intellectual property attorney once youre in need of a patent attorney. Intellectual property attorneys havent passed the patent bar exam and they arent licensed by the USPTO. In addition, they dont really have technical expertise.
References for Patent Attorney