Patent Agent vs Patent Attorney: Same Exam, Different Practice
Both pass the same registration examination. Under 37 CFR 11.6, a patent attorney is a registered practitioner who is also an attorney in good standing of the bar of a US state or territory; a patent agent is registered but not a member of a bar.
| Patent agent | Patent attorney | |
|---|---|---|
| Exam | USPTO registration exam | USPTO registration exam |
| Law degree and state bar | Not required | Required |
| Prepare and prosecute applications before the USPTO | Yes | Yes |
| Represent clients in court or give general legal advice outside USPTO practice | No | Yes, as a lawyer |
Many engineers and scientists qualify as agents first. Law students can sit the exam before they are admitted to a bar, and register as agents until then.
Frequently asked questions
Is a patent agent the same as a patent attorney?
Both are registered to practise before the USPTO after the same exam. A patent attorney is also a member in good standing of a state bar (37 CFR 11.6).
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