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Patent Agents Can?t Do X

By Stephen M. Nipper

We recently had a patent engineer in our office who was studying for the patent bar exam (and eventual “patent agent” status). To wit, I spent some time recently trying to really understand what a patent agent can/can’t do (beyond standard prosecution). Here is the list that I was able to come up with (Note: this list is not legal advice…and if you have contrary (or supporting citations), please let me know): Patent agents are allowed to practice federal law (not state law) as long as it is within the scope of what their PTO registration allows them (licenses) them to do, regardless of whether or not it would otherwise be considered unauthorized practice of law (UPL) under state law. See Sperry v. Florida, 373 U...continue to full post

Full post as published by Invent Blog on August 14, 2008 (boomark / email).