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[peter]

I am seriously considering to become a patent attorney. Right now, I am thinking about giving myself a year to study for LSAT while I am studying. I have several questions to ask:

What is the difference between patent attorney and patent agent? (in terms of pay and different roles they play in work)

I am thinking about taking the patent bar before I enter a law school. If I pass the exam, I understand that I become a patent agent. So if I graduate from a law school after 3 years, and pass the bar exam, does my status change from patent agent to patent attorney automatically? Or do I need to do something about it?

[JimIvey]

With respect to your first question, a patent attorney is a patent agent who is also an attorney.  To answer your last question, a patent agent who eventually becomes an attorney is thereafter a patent attorney without filing any additional papers (to the best of my knowledge).

In practical terms, the difference is that an attorney is licensed to render legal opinions (the hallmark of practicing law).  While preparing papers on behalf of clients in the PTO implicitly requires even an agent to state to the examiner that this or that claim comports with this or that law, you should consider this a narrow exception.

Here are things a patent attorney can do that a patent agent can't.  Render a legal opinion to a client regarding the validity or infringement of a patent.  Dabble in licensing and/or litigation.  

Here are things both patent attorneys and patent agents can do.  Draft and file patent applications.  Prepare and file arguments and amendments in the PTO on behalf of clients.  Counsel clients on procedures in the patent office (such as the lack of benefits of provisional applications).

In general, I think it would be a good idea to take the registration examination and become a patent agent while in law school.  There are a number of benefits.  One is that you get to actually practice law (albeit in a limited way) before being an attorney.  That can give you additional insight into the law and the way some things work that you otherwise wouldn't get.  Some firms may also give you some credit for years worked as an associate toward partnership.  For example, some firms pay associates salaries based on years practicing and offers of partnership come up after 6-7 years.  You might end up a year or two ahead of your classmates in terms of salary and partnership track.

However, I think the biggest advantage of all is the 2-3 years' experience you'd gain while working through law school.  As I've said before, opportunities for new hires in patent law are limited while attorneys with 3+ years' experience are in relatively high demand (although this demand fluctuates).  

I hope that helps.

Regards.

[larkas]

For the most part, I would like the second what Jim Ivey has said.  I am a 2L in law school and took the patent bar exam in  April 2003. I passed and am now a registered patent agent.  When looking for summer jobs next summer,  I have been helped by the fact that I have the registered patent agent line on my resume; unfortunately, I don't have a summer job yet, so it isn't a golden ticket.

However, you do need to file some paperwork to officially change your registration status from patent agent to patent attorney in the USPTO.  The USPTO requires that you file: 1) a certificate of good standing from the highest court of your jurisdiction where you are admitted to practice, and 2) a letter requesting the change of status. See http://www.uspto.gov/web/offices/dcom/olia/oed/changeinfo.htm#status
for the official word on this.

Larry Kasoff