Patent Attorney - Explained
What does a patent attorney do?
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
Back To: Real Estate, Personal, & Intellectual Property
What is a Patent Attorney?
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.
What Does a Patent Attorney Do?
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 doesn't 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 shouldn't hire an intellectual property attorney once you're in need of a patent attorney. Intellectual property attorneys haven't passed the patent bar exam and they aren't licensed by the USPTO. In addition, they don't really have technical expertise.
- Intellectual Property Law (Intro)
- What is Intellectual Property?
- What is the purpose in granting intellectual property rights?
- What is required to capture or secure intellectual property rights?
- California Labor Code 2870
- What are Trade Secrets?
- Non-Disclosure Agreement
- Patents or patent rights?
- Letters Patent
- Primary types of patents?
- What Can I Patent?
- Requirements for a valid patent?
- Can your Invention be Patented?
- What is a Patentability Search?
- When is a Patentability Search Necessary?
- Why is a Patent Search Important?
- Requirements for a design patent?
- How to Do a Design Patent Search
- Cost of a Design Patent
- Requirements for a utility patent?
- Why Do You Need a Utility Patent?
- Plant Patent?
- Process for securing patent rights?
- Patent Search
- Basics of Doing a Patent Search
- 5 Rules for Effective Patent Searches
- What are Patent Databases?
- Tools for Patent Searches
- DIY Patent Search
- Understanding Patent Keyword Searches
- Patent Searches for Software
- Doing a European Patent Search
- WIPO Patent Search
- Cost of Doing a Patent Search
- Patent Search vs Patent Analysis
- Structure of a Patent
- Patent Filing Date
- Patent Attorney
- Do You Need a Patent Lawyer?
- Applying for Design patent
- Provisional Patent?
- Applying for Provisional Patent
- Doing a Provisional Patent Search
- How to Draw Up a Provisional Patent
- Converting a Provisional Patent to a Non-Provisional Patent
- What Does Patent Pending Mean?
- Process for enforcing ones patent rights?
- Patent Infringement
- Patent Troll
- What is a Trademark?
- Types of trademark?
- Requirements to capture trademark rights?
- Distinctiveness requirement for a Trademark?
- Determining whether a trademark is sufficient distinctive?
- What is Federal Trademark Registration?
- Conducting Trademark Search
- Should I Conduct a Trademark Search?
- Trademark Application
- Drawing a Trademark
- Filing for federal trademark registration?
- Protections of trademark rights under state law?
- Primary reasons for rejecting a trademark application?
- Common trademark designations?
- Trademark infringement?
- Enforce trademark rights?
- Demonstrate infringement of a trademark?
What is a copyright?
- Digital Millennium Copyright Act or DMCA Explained
- Basics of Copyright Law
- What are the rights of a holder of a copyright?
- What are the elements of a copyright?
- How long is the period of copyright protection?
- What is the process for registering a copyright?
- Who may claim and secure copyright protection?
- What are infringement and the process for enforcing a copyright?
- What are the defenses available against a claim of copyright infringement?
- Public Domain Works
- Licensing Agreement
- End User License Agreement
- What is Fair Use of copyright?
- What is the First Sale Doctrine?
- What international protections exist for intellectual property rights?
- Paris Convention