What is the difference between a patent attorney and a patent agent?

A patent attorney and a patent agent differ in the type of service they provide. Patent attorneys are lawyers who have passed the bar exam and are licensed in a state to practice law. Patent attorneys are permitted to handle all aspects of patent law, including drafting, filing, and prosecuting applications before the U.S. Patent and Trademark Office (USPTO). They are also able to provide legal advice on patent law issues and represent clients in patent-related litigation. Patent agents, on the other hand, are not lawyers. They must, however, be registered with the USPTO. Patent agents can provide services to patent applicants and owners, such as drafting and filing patent applications before the USPTO. Additionally, they can provide advice on the patentability of inventions and evaluate potential infringement issues. In Minnesota, both patent attorneys and patent agents are able to practice patent law. Thus, depending on the complexity of the patent-related matter in question, one can consult either a patent attorney or a patent agent.

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