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.