Patent lawyer? Patent agent? When searching for a patent professional you may have encountered these two types of professionals. But what are the differences between them? And who should you hire for your patent project?
What is a patent agent?
A patent agent is someone who has a technical degree and who has passed one exam: the patent bar exam. A patent agent can only help you with a few thing, such as:
- Writing and filing your patent application.
- Talking to the patent office and answering their questions.
- Searching for existing patents and giving you opinions.
What is a patent lawyer?
A patent lawyer is professional who has both a law degree and a technical degree, and who has passed two exams: the state bar exam and the patent bar exam. A patent lawyer can help you with everything related to your patent, such as:
- Writing and filing your patent application.
- Talking to the patent office and answering their questions.
- Searching for existing patents and giving you opinions.
- Helping you with your patent strategy and management.
- Making and signing contracts for your patent rights.
- Fighting for or against your patent rights in court or other places.
- Dealing with other kinds of intellectual property, such as trademarks, copyrights, and trade secrets.
How to choose between a patent lawyer and a patent agent?
The choice between a patent lawyer and a patent agent depends on what you need and how much you can spend. Some things to think about are:
- How complicated and important is your invention and your patent application?
- How much value and risk is involved in your patent rights?
- How easy and expensive it is to find patent lawyers and agents near you?
- How much legal advice and representation you need or expect?
In general, a patent lawyer may be better for you if:
- You have a complicated invention.
- You expect someone to attempt to copy or oppose your innovative rights.
- You want to license, sell, or enforce your patent rights in the future.
- You need legal help and protection for your intellectual property.
On the other hand, a patent agent may be better for you if have a simple invention that requires little legal or drafting skills.
Conclusion
Patent lawyers and agents are both qualified professionals who can help you with the patent application process. But they have different levels of education, training, and authority, and they offer different types of services. Depending on what you need and how much you can spend, you may choose to work with either a patent lawyer or a patent agent for your patent project.