United States Patent and Trademark Office: Encyclopedia II - United States Patent and Trademark Office - Representation

United States Patent and Trademark Office - Representation

United States Patent and Trademark Office - Patent attorney agent registration

The PTO only allows certain qualified persons to practice before the PTO, which includes the filing of patent applications on behalf of inventors, the prosecuting patent applications on behalf of inventors, and participating in administrative appeals and other proceedings before the PTO examiners and boards. The PTO sets its own standards for who may practice and requires that any person who practices become registered. An USPTO-registered non-attorney professional is called a patent agent and an USPTO-registered attorney is called a patent attorney.

In order to become registered to practice before the USTO, an applicant must demonstrate to the USPTO's statisfaction certain scientific and technical competencies and then pass a difficult USPTO-administered patent barr exam called the USPTO Registration Examination. This bar exam covers the voluminous regulations and procedures that govern USPTO practice. The registration process is managed by the USPTO's Office of Enrollment & Discipline (OED).[3]

United States Patent and Trademark Office - Filing a patent yourself

An individual inventor may file and prosecute a patent application by themselves. This is called filing a patent pro se. The inventor does not need to be represented by a registered patent attorney or patent agent. If it appears to a patent examiner, however, that an inventor filing a pro se application is not familiar with the proper procedures of the patent office, then the examiner may suggest that it is desirable for the inventor to obtain representation by a licensed patent attorney or agent (See Manual of Patent Examining Proceedure, Chapter 400 ).

The patent examiner cannot recommend a patent attorney or agent, but the patent office does post a list of registered attorneys or agents.

It is not uncommon for individual inventors to file their own patents to potentially save thousands of dollars in agent/attorneys fees. Legal fees for the preparation and filing of a US patent application can run more than $20k.

There are many self-help books in publication explaining how to file your own patent, such as Patent it Yourself. The US patent office also has a free help line called the "Inventors Assistance Center" where retired patent examiners will provide advice to members of the public on how to follow the proceedures and rules of the patent office.

Adapted from the Wikipedia article "Representation", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki