What is a Patent Attorney?
“Patent attorneys” are individuals who are licensed as an attorney with a state bar and are registered to practice before the U.S. Patent & Trademark Office (USPTO). A patent attorney may represent the inventors named in a patent application before the USPTO. A patent attorney must pass the USPTO registration examination often times referred to as the “patent bar.” To become a patent attorney, an individual must be an engineer, scientist or have another science based major.
Patent Attorney Qualifications
To become a patent attorney, an individual must have the following qualifications:
1. Engineering or Science Degree;
2. Law Degree;
3. Passed a State Bar Exam for attorneys; and
4. Passed the USPTO Patent Bar Exam.
What a Patent Attorney Can Do
Patent attorneys can perform the following patent services:
- Patent searches;
- Provide patentability opinions;
- Prepare and record a patent assignment;
- Prepare, file and prosecute patent applications with the USPTO;
- Advise a client regarding patent infringement;
- Represent a client in patent litigation;
- Provide an opinion of validity of another party’s patent;
- Appeal to the Federal Circuit;
- Prepare a patent license;
- Trademark searches;
- Trademark applications.