For A Patent Attorney Chicago Is The Way To Go

By John Green


Patent attorneys are attorneys with special qualifications in patent law to represent clients in matters related to obtaining, opposing, cancelling, challenging, and renewal of patents among other functions. The application of this term is different in various countries, which may result in a difference in qualifications to practice in this field from general legal practitioners. When in need of a patent attorney Chicago is the best location to check out.

Legal practitioner in matters relating to patents may also be referred to using the titles patent agent or lawyer. In some jurisdictions, the two terms hold the same meaning and may be used interchangeably while in others they do not. In jurisdictions where the terms are different in meaning, practitioners are only referred to as patenting lawyers if they also have the qualifications of a lawyer.

In the US, both agents and attorneys possess the qualifications for working in this profession. Therefore, they hold the same license of practice. As part of their work, they represent their clients before the USPTO, the patents and trademarks office in the US. As part of their responsibilities, they prepare, file, and prosecute applications for patents. They may offer patentability opinions to clients in certain cases. The Sperry v. Florida Supreme Court case led to the addition of this responsibility to the work of these practitioners.

Working in this field has specific requirements. For starters, it is mandatory to have admission to practice law in any US territory, state, or DC. The first ever patent to be issued by the USPTO was in 1790. From that time, the USPTO has issued qualification and licensure to over 73, 000 Americans who sat for and passed the registration examination.

Today, there is roughly a total of 42, 000 attorneys and agents working in this field. Out of that number, about 31, 000 are also licensed to practice law. California is the state with the highest number of these attorneys followed by New York and then Texas. In terms of per capita, Delaware tops the list of total number of attorneys and agents in this field.

In the US, all attorneys are required to be holders of a technical degree in engineering or science courses such as Chemistry and Physics. Besides the degree, practitioners are required to take and pass the USPTO registration examination. One may retake the registration after a predetermined period if they fail.

Since it is a requirement that these attorneys also be admitted to practice law in at least one state, they may offer legal counsel outside the USPTO. However, such legal counsel can only be provided within the state one is admitted to exercise law. There are some jurisdictions that allow attorneys admitted in other jurisdictions to offer legal counsel to clients in their areas of jurisdiction.

Legal services that these attorneys can offer outside USPTO include advising clients on matters related to licensing an invention. They also advise whether it is viable or not to appeal a decision made by the USPTO to the court system. Other services include providing advice as to whether one should sue for infringement and if a client is infringing patents held by other people.




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