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Patent agent vs attorney

The differences between patent agents and attorneys can be seen in a few details. Each job has different responsibilities and duties. It typically takes 2-4 years to become both a patent agent and an attorney. Additionally, an attorney has an average salary of $109,476, which is higher than the $65,466 average annual salary of a patent agent.

The top three skills for a patent agent include intellectual property, patent prosecution and law firm. The most important skills for an attorney are litigation, legal research, and law firm.

Patent agent vs attorney overview

Patent AgentAttorney
Yearly salary$65,466$109,476
Hourly rate$31.47$52.63
Growth rate10%10%
Number of jobs25,56210,991
Job satisfaction-5
Most common degreeBachelor's Degree, 56%Doctoral Degree, 48%
Average age4646
Years of experience44

What does a patent agent do?

A patent agent is responsible for monitoring the intellectual property rights of an existing patent invention and ensuring that new applications would not coincide with any registered patent. Patent agents handle the application processes and document verification for individuals or the government. They conduct in-depth research and discuss the process with the investors and inform them of any restrictions on issuance. A patent agent must have excellent communication and organizational skills, especially in performing duties and resolving issues timely and efficiently.

What does an attorney do?

Generally, an attorney's responsibility is to advise the client with an ongoing lawsuit on the legal procedures and provide strategies to resolve the case as early as possible. An attorney compiles necessary documents or any records for appeal and client's defense. Attorneys must acquire strong problem-solving and critical-thinking skills to mediate disputes and settle pending litigation for the client's best interest. In some cases, an attorney's procedure depends on any evidence and research presented during the trial period. An attorney is expected to present clients on legal proceedings, seeking justice and justifying the law.

Patent agent vs attorney salary

Patent agents and attorneys have different pay scales, as shown below.

Patent AgentAttorney
Average salary$65,466$109,476
Salary rangeBetween $34,000 And $124,000Between $69,000 And $172,000
Highest paying CityNew York, NYWhite Plains, NY
Highest paying stateNew YorkNew York
Best paying companyFinnegan Henderson Farabow Garrett & DunnerThompson Coburn
Best paying industryProfessional-

Differences between patent agent and attorney education

There are a few differences between a patent agent and an attorney in terms of educational background:

Patent AgentAttorney
Most common degreeBachelor's Degree, 56%Doctoral Degree, 48%
Most common majorChemistryLaw
Most common collegeStanford UniversityStanford University

Patent agent vs attorney demographics

Here are the differences between patent agents' and attorneys' demographics:

Patent AgentAttorney
Average age4646
Gender ratioMale, 69.5% Female, 30.5%Male, 49.9% Female, 50.1%
Race ratioBlack or African American, 5.6% Unknown, 4.4% Hispanic or Latino, 7.8% Asian, 6.4% White, 75.6% American Indian and Alaska Native, 0.3%Black or African American, 5.6% Unknown, 4.4% Hispanic or Latino, 7.8% Asian, 6.4% White, 75.5% American Indian and Alaska Native, 0.3%
LGBT Percentage10%10%

Differences between patent agent and attorney duties and responsibilities

Patent agent example responsibilities.

  • Advise client in requirements to achieve and maintain critical FCPA compliance.
  • Represent local and multi-national clients before the USPTO and US/RO of WIPO.
  • Conduct detailed interactions with the USPTO regarding patent prosecution.
  • Formulate objections under 35 USC regulations.
  • Assist with patent appeals, interferences, and opposition proceedings.
  • Prepare non- final rejection under 35 USC 102/103 base on reference from the prior art.
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Attorney example responsibilities.

  • Manage the death administration department with approximately thirty-five plus estates through trust administration, Medicaid estate recovery or probate.
  • Respond to subpoenas and pleadings in litigation and in regulatory inquiries and investigations involving corporate clients.
  • Represent employers before federal administrative agencies, including inspections, administrative litigation, court-enforcement actions and appeals.
  • Litigate personal injury, and general liability matters, worker's compensation, estate planning and litigation, environmental liability litigation.
  • Create and give a presentation regarding non- attorney ethics to division staff.
  • Comply with all agency policies and procedures, including those pertaining to ethics and integrity
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Patent agent vs attorney skills

Common patent agent skills
  • Intellectual Property, 13%
  • Patent Prosecution, 10%
  • Law Firm, 9%
  • Electrical Engineering, 9%
  • Litigation, 8%
  • Patent Portfolio, 5%
Common attorney skills
  • Litigation, 19%
  • Legal Research, 9%
  • Law Firm, 8%
  • Legal Issues, 6%
  • Legal Advice, 5%
  • Juris, 4%