When you start researching patent protection, you’ll encounter two types of professionals who can help: patent attorneys and patent agents. Both can file patent applications and represent you before the USPTO. But there are critical differences that affect which is right for your situation.

The short answer: both can get you a patent, but only one can provide comprehensive legal protection. Here’s what you need to know to make the right choice.

The Key Difference: Legal Authority

The fundamental distinction is simple:

• Patent agents can prepare and prosecute patent applications before the USPTO
• Patent attorneys can do everything agents do, plus provide legal advice and represent you in court

Both must pass the same USPTO registration exam (the “patent bar”), which requires a technical background in science or engineering. Both can draft applications, respond to office actions, and shepherd your patent through the examination process.

The difference is that patent attorneys have also earned a law degree and passed a state bar exam. This additional qualification allows them to:

• Represent you in patent litigation
• Provide opinions on infringement and validity
• Draft and negotiate licensing agreements
• Advise on broader IP strategy, including trade secrets and contracts
• Handle trademark and copyright matters

Side-by-Side Comparison

Capability	Patent Agent	Patent Attorney
Draft patent applications	✓	✓
File with USPTO	✓	✓
Respond to office actions	✓	✓
Conduct patent searches	✓	✓
Represent in USPTO proceedings	✓	✓
Provide infringement opinions	✗	✓
Represent in litigation	✗	✓
Draft licensing agreements	✗	✓
Handle trademarks/copyrights	✗	✓
Provide legal advice	✗	✓

When a Patent Agent Makes Sense

Patent agents can be a cost-effective choice in specific situations:

Straightforward Inventions

If your invention is relatively simple, in a field with limited prior art, and you don’t anticipate competitors challenging your patent, an agent may handle the filing efficiently at lower cost.

Budget Constraints

Agents typically charge less than attorneys—often 20-40% less. For early-stage companies filing provisional applications to establish priority dates, this cost savings can be meaningful.

Technical Specialists

Some patent agents have deep expertise in narrow technical fields. If you find an agent with extensive experience in your exact technology area, their specialized knowledge may outweigh the broader capabilities of a generalist attorney.

Low Litigation Risk

If you’re in an industry where patent disputes are rare, and your primary goal is simply having patents for defensive purposes or investor relations, an agent may suffice.

When You Need a Patent Attorney

For most companies with meaningful IP assets, a patent attorney provides important advantages:

Competitive Markets

If you operate in a space where competitors actively enforce patents or where your patents might face challenges, you need someone who can assess litigation risk and draft applications with enforcement in mind.

Complex Technology

When your innovation involves multiple components, software elements, or intersects with existing patent landscapes, strategic claim drafting becomes critical. An attorney can anticipate how claims might be interpreted in litigation.

Licensing Intent

If you plan to license your technology—either in or out—you’ll need legal agreements that an agent cannot draft. Starting with an attorney ensures your patents support your licensing strategy from day one.

M&A Considerations

Acquiring companies and investors conduct IP due diligence. Patents handled by attorneys often receive closer scrutiny for quality, and having an attorney relationship simplifies providing legal opinions during transactions.

Broader IP Strategy

Patents rarely exist in isolation. Trade secrets, copyrights, trademarks, and contracts all interact. An attorney can coordinate protection across these areas; an agent cannot.

Questions to Ask Either Professional

Whether you’re considering an agent or attorney, these questions help you evaluate fit:

1. What’s your technical background? Look for relevant education and industry experience in your technology area.
2. How many applications have you filed in this field? Experience in your specific domain matters more than total volume.
3. What’s your allowance rate? What percentage of applications result in issued patents?
4. How do you handle office actions? Some practitioners give up too easily; others fight every rejection unnecessarily.
5. What’s your fee structure? Understand whether they bill hourly, flat-fee, or hybrid—and what’s included.
6. Will you personally handle my work? At larger firms, your application might be handed to junior associates.

The Technical Background Factor

Here’s something that matters more than the agent/attorney distinction: technical expertise.

A patent agent with 20 years of experience in semiconductor design will likely draft better semiconductor patents than a patent attorney who primarily handles biotech. The reverse is equally true.

The best scenario is a patent attorney with deep technical expertise in your field. You get both the legal authority and the technical understanding. But if you must choose between an attorney with weak technical knowledge and an agent with strong expertise, the agent might actually produce better applications.

That said, you don’t have to compromise. Experienced patent attorneys with genuine technical backgrounds do exist—they’re just not always at the big-name firms.

Cost Comparison

Typical fee ranges (these vary by region and complexity):

Service	Patent Agent	Patent Attorney
Provisional Application	$1,500 – $3,500	$2,500 – $5,000
Utility Application	$6,000 – $12,000	$8,000 – $18,000
Office Action Response	$1,000 – $2,500	$1,500 – $4,000
Infringement Opinion	N/A	$5,000 – $15,000

The attorney premium is typically 30-50%. But remember: if you later need legal services an agent can’t provide, you’ll pay for a new professional to learn your technology.

My Recommendation

For most engineering-driven companies with growth ambitions, start with a patent attorney who has genuine technical expertise in your field.

The cost difference is modest compared to the value of your IP. And having an attorney who knows your technology and your patents positions you for whatever comes next—whether that’s licensing, enforcement, or exit.

The exception: if you’re very early stage, bootstrapping, and just need to establish priority dates with provisional applications, a qualified agent can help you do that affordably. But plan to transition to an attorney as your business matures.