What Is a Patent Agent?
A patent agent helps inventors who aren't sure how to navigate the complex patent application process.
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Services Provided
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Patent agents prepare and process the forms required by the U.S. Patent and Trademark Office (USPTO) to obtain patent protection for your invention. They work with the USPTO on your behalf.
Agent Qualifications
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Patent agents must register with the USPTO, which requires them to possess good moral character and the scientific and technical qualifications needed to assist patent applicants. They must have a college degree in engineering or physical science (or the equivalent) and pass a test.
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Considerations
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Patent agents are not attorneys. They may not represent you in litigation related to your patent or conduct other activities considered to be the practice of law, such as writing a contract related to a patent. According to the USPTO, registered agents and attorneys are equally qualified to process your application.
Finding a Patent Agent
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The USPTO allows you to search for a registered patent agent nearby or download a list of agents in a geographic area or nationwide (see Resources).
Cost
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Having an agent file an application for you can cost as little as several thousand dollars and as much as $20,000 (data from 2007), depending on the complexity of the invention. Filing fees charged by the USPTO generally are not included in the agent's fees. You can reduce costs by drafting the application yourself and then having an agent review and finalize it.
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References
- US Patent and Trademark Office
- USPTO Agent/Attorney Search
- "Inventions and Patents;" Steve S. Barbarich; 2000
