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What Is A Patent Agent?

A patent agent is a professional who is licensed to file patents with the United States Patent And Trademark Office (USPTO) on behalf of individual inventors and companies. My registration number with the USPTO is 57,418.

• What Services Can A Patent Agent Provide?  
  
  A patent agent can draft a patent application and file the application with the USPTO. A patent agent can also provide the full range of services traditionally associated with prosecuting a patent through its final issue, including negotiating with the patent examiners to defend patent claims, and related services.  

• What Training And Other Qualifications Are Required To Become A Patent Agent?  
  
  Patent agents, like patent attorneys, must meet stringent USPTO requirements for training in a technical field. My undergraduate studies in physics satisfied those requirement.
  
  In addition, all patent agents are required to pass a test administered by the USPTO—the same test taken by patent attorneys—which is informally referred to as the "patent bar". The test covers, in minute detail, both the legal and administrative aspects of filing and prosecuting patent applications.

• Are There Things A Patent Attorney Can Do That A Patent Agent Cannot?
  
  Apart from charging significantly more money to file and prosecute a patent application, the things which an attorney can do and which a patent agent cannot fall into two main categories:
  
  1. Litigation — Sometimes patents wind up being litigated in courts, which are beyond the province of the USPTO proper. Patent agents are not licensed to practice before the courts, so an attorney is required to engage in litigation or advise on potential litigation.
  
  2. Business And Contractual Negotiations — Patents can be sold or licensed, and of course inventors often seek venture capital to develop a business based on their patent(s). These matters are properly handled by attorneys.

• Why Should I Hire A Patent Agent Rather Than A Patent Attorney?
  

A patent agent is in every way as qualified to file and prosecute your patent application, within the USPTO, as a patent attorney.

There is no question that price is a consideration. Attorneys bill higher rates. That's fine for when you need an attorney, but for filing and prosecuting patent applications a patent agent is equally qualified. With my extensive experience in technical writing, science writing, and technical illustration, I offer a very high quality of patent application drafting, as well as very strong arguments in response to Patent Office rejections of applications.



Article on How To Become A Patent Agent by Steven Oppenheimer.

Some advice from the United States Patent and Trademark Office on whether to draft and file a patent yourself or to work with a licensed patent practitioner, and how to choose a practitioner. Especially helpful for independent inventors.