How to Become a Patent Agent

A patent agent negotiates patent agreements, as well as drafting them, and prepares documents for processing and filing.

A patent agent may also be involved in prosecution or may contribute to the long-term management of a client’s patent portfolio.

In the latter case, this individual may work with developers, the business team, other agents and patent attorneys.

In addition to a thorough knowledge of USPTO rules and the Manual of Patent Examination Procedure (MPEP), the individual may be required to know the rules, regulations, and documents associated with the International Patent Cooperation Treaty (PCT).

A patent agent may also be involved in patent review committee management, publication review, and invention disclosure review.

Last but not the least – Revise, Revise, Revise – the sections, rules, forms & fees.

The Viva is about letting the panel see that you are fit to walk the shoes of a patent agent, and do justice to that bare act in your hand, which basically means.

Be prepared with an answer to the following most common questions.

Effective communication is a key to success in Viva.

Practice the common questions once in a mock viva with your friends/ family members.

You should probably work in person for a patent law firm for a couple years before going remote.

Only registered practitioners (either patent agents or patent attorneys) and patent applicants (either inventors or their assignees) are able to work directly with the patent office.

The assistance of someone who knows the ins and outs of the patent business can save you lots of time and, ultimately, money.

Your patent agent can help you address those items or argue against the rejections.

However, a lot of research suggests that many of the listed agents are no longer working, may no longer be eligible, or have withdrawn from practice for other reasons.

Patent agents above all else must have excellent communication skills; they must be able to completely understand the invention based on the explanation of the inventor, and they must then be able to expound on the invention in written form during the preparation of a patent application.

Please see this PDF from the United States Patent and Trademark Office (USPTO) for a full list of eligible fields.

Becoming a patent agent requires a strong body of knowledge in a specific area of science or engineering.

In order to be eligible for writing the Patent Agent Qualifying Examination you must be a resident of Canada and have worked for at least 12 months in the area of Canadian patent law and practice (no law degree required, just work experience in the field), including preparing and prosecuting patent applications.

patent agent, meaning they are then able to represent Canadian applicants before the U.S.