Agent vs. Attorney
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I am a patent agent and I am not an attorney. This
means that I cannot represent you in a court of law. I
Office. In terms of obtaining a patent for you, I can do
essentially everything a patent attorney can do. Since
the first level of appeal, which is before the Board of
Appeals and Interferences, is within the Patent and
Trademark Office, I can also represent you at this first
level of appeal (should that be necessary). The second
level of appeal is to the court system, and should that be
necessary, we would need to hire a patent attorney.
However, in my years of practice as a patent agent and
as a patent examiner, I still have not had a case in
which the applicant desired to go to this second level of
appeal.
Additionally, as a registered patent agent I am bound by
the US Patent and Trademark Office to keep your
information confidential. However, since I am not an
attorney there may not be an actual attorney-client
privilege in a least some jurisdictions. If there is no
actual attorney-client privilege, a court or the US Patent
and Trademark Office orders me to disclose
information, my duty to the US Patent and Trademark
Office or the court may trump my duty to keep the
patent-applicant's information confidential. I typically
offer to sign a non-disclosure agreement in an effort to
further enhance the protection of your confidential
information that I provide to you.
means that I cannot represent you in a court of law. I
Office. In terms of obtaining a patent for you, I can do
essentially everything a patent attorney can do. Since
the first level of appeal, which is before the Board of
Appeals and Interferences, is within the Patent and
Trademark Office, I can also represent you at this first
level of appeal (should that be necessary). The second
level of appeal is to the court system, and should that be
necessary, we would need to hire a patent attorney.
However, in my years of practice as a patent agent and
as a patent examiner, I still have not had a case in
which the applicant desired to go to this second level of
appeal.
Additionally, as a registered patent agent I am bound by
the US Patent and Trademark Office to keep your
information confidential. However, since I am not an
attorney there may not be an actual attorney-client
privilege in a least some jurisdictions. If there is no
actual attorney-client privilege, a court or the US Patent
and Trademark Office orders me to disclose
information, my duty to the US Patent and Trademark
Office or the court may trump my duty to keep the
patent-applicant's information confidential. I typically
offer to sign a non-disclosure agreement in an effort to
further enhance the protection of your confidential
information that I provide to you.