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Patent attorney vs patent agent

The differences between patent attorneys and patent agents 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 attorney and a patent agent. Additionally, a patent attorney has an average salary of $86,919, which is higher than the $65,466 average annual salary of a patent agent.

The top three skills for a patent attorney include electrical engineering, USPTO and law firm. The most important skills for a patent agent are intellectual property, patent prosecution, and law firm.

Patent attorney vs patent agent overview

Patent AttorneyPatent Agent
Yearly salary$86,919$65,466
Hourly rate$41.79$31.47
Growth rate10%10%
Number of jobs7,88925,562
Job satisfaction--
Most common degreeBachelor's Degree, 45%Bachelor's Degree, 56%
Average age4646
Years of experience44

What does a patent attorney do?

A patent attorney is an intellectual property expert whose responsibilities revolve around assisting and representing clients on patent application procedures. A patent attorney must meet with clients to identify their needs, provide advice when it comes to trademarks and trade secrets, discuss and interpret complex subjects such as regulations and laws, and secure rights and properties. Furthermore, as a patent attorney, it is essential to review and negotiate contracts and proposals to avoid disputes in the future.

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.

Patent attorney vs patent agent salary

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

Patent AttorneyPatent Agent
Average salary$86,919$65,466
Salary rangeBetween $49,000 And $152,000Between $34,000 And $124,000
Highest paying CityBoston, MANew York, NY
Highest paying stateMassachusettsNew York
Best paying companyGoodwinFinnegan Henderson Farabow Garrett & Dunner
Best paying industryProfessionalProfessional

Differences between patent attorney and patent agent education

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

Patent AttorneyPatent Agent
Most common degreeBachelor's Degree, 45%Bachelor's Degree, 56%
Most common majorLawChemistry
Most common collegeStanford UniversityStanford University

Patent attorney vs patent agent demographics

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

Patent AttorneyPatent Agent
Average age4646
Gender ratioMale, 79.3% Female, 20.7%Male, 69.5% Female, 30.5%
Race ratioBlack or African American, 5.7% Unknown, 4.4% Hispanic or Latino, 7.9% Asian, 6.5% White, 75.3% 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, 75.6% American Indian and Alaska Native, 0.3%
LGBT Percentage10%10%

Differences between patent attorney and patent agent duties and responsibilities

Patent attorney example responsibilities.

  • Advise client in requirements to achieve and maintain critical FCPA compliance.
  • Conduct extensive legal research and prepare pleadings, discovery requests and responses and motions in trademark and copyright litigation matters.
  • Conduct trademark oppositions, cancellations and appeals before TTAB.
  • Review and execute infringement and invalidity analyses for patents relating to telecommunications and call routing in support of major infringement litigation.
  • Represent individual and institutional clients in all aspects of commercial and residential real estate acquisition, financing and leasing and foreclosure.
  • Handle subpoenas, discovery requests, and occasionally legal research to provide counsel to senior attorneys regarding statutory and regulatory issues.

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.
  • Show more

Patent attorney vs patent agent skills

Common patent attorney skills
  • Electrical Engineering, 15%
  • USPTO, 13%
  • Law Firm, 11%
  • Litigation, 8%
  • Patent Prosecution, 8%
  • Intellectual Property Law, 6%
Common patent agent skills
  • Intellectual Property, 13%
  • Patent Prosecution, 10%
  • Law Firm, 9%
  • Electrical Engineering, 9%
  • Litigation, 8%
  • Patent Portfolio, 5%