A patent attorney is a specialist attorney who is qualified to represent clients seeking patents as well as perform other procedures related to patent securing and protection. A patent is a guarantee from the government that an inventor will have the exclusive right to make and sell his or her invention for a set period of time. We can talk about a patent attorney in terms of the steps she or he took to earn that title, as well as the services and jobs he or she does.
Believe it or not, how you become a patent attorney is determined by your undergraduate major, so you should start thinking about this career path as soon as possible if you want to have the best chance of succeeding. The rules for taking the examination, also known as the patent bar, are complicated and divided into three parts. To begin, you must demonstrate that you are not only a person of “good moral character,” but also of “good reputation.” Second, you must have the technical skills required to serve in this capacity (this is where your undergraduate degree may come in handy). Third, you must demonstrate your knowledge of the procedures involved in filing a patent application.
Applicants for the patent bar are divided into three categories based on how they meet the second requirement. People who have a bachelor’s degree in a technology field recognized by the United States Patent and Trademark Office (USPTO) and have the best shot are in Category A. People in Category B earn their qualifications through other course work, while those in Category C earn their qualifications through practical experience. For applicants in categories B and C, the process will most likely take longer. In most cases, candidates take a computer-based examination after all qualifications have been certified, and the alternative examination is only offered once per fiscal year. Accommodations are made in a reasonable manner.
A patent agent does not require a law degree, which is why you can take the “patent bar” before or after getting your law degree. To get a law degree, you must take the Law School Admission Test (LSAT), attend law school, and pass your state’s bar exam.
Despite the fact that patent agents and patent attorneys perform many of the same functions in relation to patents, there are some areas where patent attorneys can act but patent agents cannot. In general, only a patent attorney is permitted to provide legal advice and represent a client in a court of law. A September 2008 ethics ruling requiring patent agents to provide an opinion on the validity of another party’s patent to a client seeking litigation contributes to the distinction. Patent attorneys can also advise on licensing, patent infringement lawsuits involving their client or another party on their client’s patent, and whether the Patent Office or a court is the proper venue for pursuing a claim.