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The USPTO requires that all those applying for registration (agents or attorneys) meet three requirements: (1) good moral character, (2) legal, scientific and technical qualifications necessary to render valuable service, and (3) competence to advise and assist patent applicants in the presentation and prosecution of patent applications. [7]
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining ... The titles patent agent and patent lawyer ...
Patent examiners at the United States Patent and Trademark Office (USPTO) examine patent applications for claims of new inventions. Examiners make determinations of patentability based on policies and guidance from this agency, in compliance with federal laws (Title 35 of the United States Code), rules, judicial precedents, and guidance from agency administrators.
Persons wishing to prosecute patent applications (i.e., represent clients in the process of obtaining a patent) must first pass the USPTO registration examination, frequently referred to as the "patent bar." Detailed information about applying for the registration examination is available in the USPTO's General Requirements Bulletin. [56]
A patent agent can only act in a representative capacity in patent matters presented to the USPTO, and may not represent a patent holder or applicant in a court of law. To be eligible for taking the patent bar exam, a candidate must possess a degree in "engineering or physical science or the equivalent of such a degree". [93]
Minimum standards for certification in intellectual property law include at least five years of full time law practice during the five years immediately preceding the date of application; substantial involvement 30 percent or more in the practice of intellectual property law during the three years preceding application; experience in patent ...
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A patent engineer or patent scientist is a patent professional who is typically involved in preparing and prosecuting patent applications.The terms are usually applied to patent professionals with scientific or engineering backgrounds that do not require either attorney or patent agent qualifications, but still work with patent applications.
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