A patent agent is a qualified person who prepares and files patent applications, negotiates patent agreements, and manages a client’s patent portfolio. They may also be involved in related areas such as IP, trademarks, and licensing. They can use the USPTO’s electronic patent filing system and may work with developers, business staff, and patent attorneys.
A patent is government-sponsored protection granted to an inventor that prevents others from making, using, or selling an invention without permission for a designated period of time. A patent agent is a specially qualified person who has received recognition from a government agency, such as the United States Patent and Trademark Office (USPTO), as having fulfilled the qualifications to be able to prepare and file patent applications, as well as process them. them. This person may also be a lawyer; in that case, she would be called a patent attorney and would have ample resources. A person can do this job without being a lawyer, however.
A patent agent negotiates patent agreements, drafts them, and prepares documents for processing and filing. He or she can liaise with the product developers and your legal team to ensure the registration is done correctly.
In the US, the agent can use the USPTO’s electronic patent filing system (EFS-Web), a web-based tool for submitting applications and documents to the office. Using this tool also allows you to track pending applications and the progress of a patent application, but it requires knowledge of the forms and documents that work with it, how to configure a web browser to interact with it and keep up with new versions.
A patent agent may also be involved in prosecuting or contributing to the long-term management of a client’s patent portfolio. In the latter case, this individual may work with developers, business staff, other agents, and patent attorneys. In addition to a thorough knowledge of the USPTO rules and the Patent Examination Procedure Manual (MPEP), the individual may be required to know the rules, regulations, and documents associated with the International Patent Cooperation Treaty (PCT).
Someone working in this field may also be involved in related areas, including intellectual property (IP) issues, trademarks, and issues related to non-disclosure agreements (NDAs) and licensing. A patent agent may also be involved in managing the patent review committee, publication review, and invention disclosure review. Interference and opposition practices can also come into play.
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