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[rougie]

Hello,

Patent agent or patent attorney, whats the difference?

Regards
Robert

[biopico]

Patent Agent: who was eligible to sit for the patent bar exam and passed the exam and registered with PTO.
Patent Attorney: who went to law school and obtained JD and passed any state bar exam AND who was also eligible to sit for the patent bar exam and passed the exam and finally registered with PTO.

In summary, patent agent = (college level technical degree + Patent Bar Exam)
patent attorney = (college level technical degree + Patent Bar Exam + Law School and State Bar Exam Passed)

[Wiscagent]

"patent attorney = (college level technical degree + Patent Bar Exam + Law School and State Bar Exam Passed)"

Typically yes; but not all attorneys have taken a state bar exam, and not all attorneys have graduated law school.  In at least Wisconsin, a graduate of an in-state law school is not required to take a bar exam to become an attorney.  In at least New York, a combination of some law school + an apprenticeship can qualify a person for the bar.

From a client's perspective, the difference is that a patent attorney, in addition to preparing and prosecuting a patent application, can do other legal work including contracts, trademark, copyright, and (of course) handle court cases.

[biopico]

In Virginia, you don't have to go to law school to be entitled to sit for the bar exam.

Patent Attorney can render legal opinion, but Patent Agent is not entitled to. 

Maybe I should move to Wisconsin.

[TataBox]

I have actually heard, according to some case, of which I do not remember, that if you have a JD and have passed the patent bar, you are allowed to advertise as a patent attorney.  You do not necessarily need to pass a state bar.

Regards,

[bcapehart]

According to the OED, to be a patent attorney, one must be a member of a state bar.  They allow each state to set that state's own admission requirements.

As set out in the OED examination guidelines:

REGISTRATION AS PATENT ATTORNEY: After passing the examination, an applicant who desires to be registered as an attorney must submit a certificate of good standing from the bar of the highest court of the State in which he or she is admitted to practice. The certificate of good standing must be less than six months old and should be filed with the Data Sheet (FORM PTO 107A), following receipt of notice of passing the registration examination. The certificate is not required for admission to the exam.