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Patent Attorney or Patent Agent?
InvetorsEd: “A patent agent generally makes half the hourly rate that a patent attorney makes, and the agents usually have practical engineering experience which patent attorneys generally lack. So I think that an inventor should have their patent application drafted by a patent agent, but reviewed by at least one patent attorney. I think that a patent agent is likely to understand the invention better than the patent attorney, but that the patent attorney is likely to better understand the nuances of claim wording.”
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David J. French on August 23rd, 2007 7:40 am
David French writes:
I think this statement is true. People who go through law school may aspire to do other things than draft patents. The more patents you draft, the better you get. A patent agent whose career path is focused will become more experienced and expert in patent drafting over time.
In my opinion, a person is not likely to become a good patent draftsman until they’ve had five, possibly 10 years experience. Additionally, they have to have the talent and a passion for understanding inventions. I would expect that only a small percentage of certified patent attorneys and patent agents achieve excellence.
Like brain surgery, would you like to have someone who is other than excellent operating on your brain?
cassy on November 27th, 2008 11:28 am
Patent agent or attorney i dont care,because im not a lawyer or even and agent. its up to them who is more advantage.
Allen on May 9th, 2009 4:40 pm
What is a patent? It’s a legal document. Where do you use a patent? In other legal documents and courtrooms. It is first and foremost a legal document. I began as a patent attorney who only drafted patents but never litigated. After litigating patents, I would never recommend having anyone unfamiliar with patent litigation draft a patent. The rules in the courtroom are very different than the rules at the patent office, and if you don’t know what those differences are, you will make mistakes when prosecuting a patent.
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