Can patent agents give me legal advice about my patent? 2 Answers as of October 15, 2010

What is the difference between a patent agent and a patent lawyer? Which is better to consult with and retain for the duration of the patent process?

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Kafantaris Law Group
Kafantaris Law Group | Theo Kafantaris
A patent attorney is licensed to practice law in at least 1 state and is also licensed to practice before the USPTO. A patent agent is licensed only before the USPTO. A patent agent can never prepare any other legal documents, or represent you in a court of law for your patent. A patent agent can, however, advise you with regard to seeking patent protection and can prepare an application.
Answer Applies to: California
Replied: 10/15/2010
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
A patent agent can draft and help you obtain a patent. they can communicate to the us patent office on your behalf. They cannot help you if you are sued or want to sue someone. they cannot offer legal advice either. If you just want to get a patent a patent agent does every bit as good as a patent attorney. However the best patents are written by patent attorneys that litigate patents in court as well. They draft the patents with an eye toward having to defend it down the road or having to sue on it
Answer Applies to: Oregon
Replied: 10/7/2010
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