Compare the required authority
| Need | Patent agent | Patent attorney |
|---|---|---|
| Patent prosecution before USPTO | May handle within authorized practice if registered | May handle if registered |
| State-law legal advice, contracts, or broader transactions | Authority may not extend to this work | May be within license and competence |
| Litigation | Cannot act as litigation counsel merely by USPTO registration | Requires appropriate license and court admission |
Verify, then ask about fit
- Search the USPTO practitioner record and confirm current status.
- For an attorney, verify the relevant state license.
- Ask about the technology, claim drafting, prosecution, interviews, and continuity strategy.
- Clarify whether ownership, licensing, disputes, or foreign work requires additional counsel.
- Compare the named team and written scope—not title alone.
Official sources
Use current official records for dates, status, credentials, and filing requirements.