Patent Agent

What Is a Patent Agent?

A patent agent, also known as a patent practitioner, is a professional who advises on and assists inventors with patent applications. Patent agents may also provide patentability opinions and help with the preparation and filing of documentation related to patent applications.

Patent agents assist inventors with completing and submitting all patent-application paperwork, searching for prior art, writing the inventor's legally enforceable claims of ownership to the invention, revising rejected patent applications, and deciding when it's best to abandon an application. Patent attorneys are patent agents who also practice law.

Patent Agent vs. Patent Attorney

A client who primarily needs help filing a patent application might hire a patent agent, instead of a patent attorney, and save money by only paying for the level of expertise required for the job. It is also possible, though not widely recommended, to prepare and file a patent application pro se, without direct professional assistance. Someone who has considerable free time and sufficient interest to learn about and manage the complexities of the process might choose the do-it-yourself route.

The right patent agent for a particular inventor should have both expertise in the subject-matter of the invention and experience working with the type of applicant, whether an individual or a large multinational corporation.

PatentWhat Is a Patent?

A patent is the granting of a property right by a sovereign authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention. They are a form of incorporeal right.

Government agencies typically handle and approve applications for patents.

KEy factS

• A patent is the granting of a property right by a sovereign authority to an inventor.

• A patent provides the inventor exclusive rights to the patented process, design, or invention for a certain period in exchange for a complete disclosure of the invention.

  
  

  Types of Patents

There are three types of patents available: utility patents, design patents, and plant patents. Each has its own specifications and durations.

Utility Patents

Utility patents, or patents for invention, issue legal protection to people who invent a new and useful process, an article of manufacture, a machine, or a composition of matter. Utility patents are the most common type of patent, with more than 90% of patents issued belonging to this category.2 A utility patent lasts for 20 years from the date of filing as long as maintenance fees are paid.

Design Patents

Design patents are patents issued for original, new, and ornamental designs for manufactured products. Design patents protect the design or look of something. They require the invention to which the design belongs to be original and useful. Design patents last for 15 years for applications filed.

Plant Patents

Plant patents go to anyone who produces, discovers, and invents a new kind of plant capable of reproduction. These patents are granted for 20 years from the date of filing and no maintenance fees apply.

Patents provide an incentive for companies or individuals to continue developing innovative products or services without the fear of infringement. For example, large pharmaceutical companies can spend billions of dollars on research and development. Without patents, their drugs and medicines could be duplicated and sold by companies that didn't research or invest the needed capital for R&D.

In other words, patents protect the intellectual property of companies to help their profitability. However, patents also serve as bragging rights for companies demonstrating their innovativeness.