What Is a Patent Attorney?

Patent attorneys are not a proprietary professional title, but general names in the industry, such as criminal lawyers, administrative lawyers, etc., which are generally based on business orientation. However, in the industry, patent attorneys generally refer to patent agents. Attorney-at-law and attorney-at-law qualifications and practising in a law firm.

Patent attorney

Right!

Patent attorneys are not a proprietary professional title, but general names in the industry, such as criminal lawyers, administrative lawyers, etc., which are generally based on business orientation. However, in the industry, patent attorneys generally refer to patent agents. Attorney-at-law and attorney-at-law qualifications and practising in a law firm.

Chinese name

Patent attorney

Foreign name

Patent Lawyer

Also known as

lawyer

Qualification

Qualified as a patent agent and judicial

Business

Patent application, invalidation, infringement, litigation, etc.

Function

A loyal guardian of the wisdom of the patentee.

A patent attorney generally refers to a person who has obtained a patent agent qualification certificate, judicial qualification certificate (lawyer qualification certificate), holds a patent agent license, a lawyer license, and is engaged in full-time work in a law firm.

At present, due to the special professional certification of "patent lawyers", each practising lawyer can act as an agent for patent litigation, including patent infringement litigation, patent right determination litigation, and patent infringement administrative processing litigation. Acting for patent applications, patent reexaminations and invalidation of patent rights.

To engage in patent agency business, you must have the qualifications of a patent agent. As a patent agency and a patent agency that start a patent agency business, they must have full-time patent agents. At present, these patent agents want to engage in patents. Litigation business must be filed by the Supreme People's Court. Of course, even if it is filed, it can only engage in patent-related litigation business. It cannot engage in litigation business other than patent-related litigation business.

No matter how you act as a patent agency or patent agency, it is never possible to engage in attorney legal practice at this stage.

Law firms, if they have certain conditions, can engage in patent agency business, that is, they can engage in patent application, patent reexamination, and patent invalidation.

In other words, a law firm can merge patent agency business. It is absolutely impossible for a patent agency or a patent agency to merge lawyers' business.

For a very small number of individuals, that is, practicing as a full-time patent agent in a patent agency or a patent agency company, and engaging in a lawyer's business as a full-time lawyer in another law firm, this situation does not comply with the current legal requirements.

Therefore, for patent attorneys, they must be full-time lawyers engaged in patent business and legal business in law firms. As patent agents and lawyers, they are all high-end professions. Of course, the combination of these two professions is a patent. Lawyers are even more valuable, and their personnel are extremely scarce.

Qualifying exam requirements:

Business Scope:

Provide legal plan planning for patent right acquisition, management and protection; draft patent licensing contracts, patent transfer contracts; investigate, obtain evidence, and provide legal services for patent infringement.
(1) Disputes over patent ownership and infringement;
(2) Disputes over patent inventors and designers;
(3) Disputes over patent application rights and application priority;
(4) Disputes over royalties for patent enforcement;
(5) Disputes over royalties during the temporary protection period of invention patents;
(6) Disputes over patent application right transfer, patent right transfer, patent implementation license contract disputes;
(7) Patent application, reply, invalidation declaration, etc. )patent application;

As IP legal counsel:

1. Provide consulting services on the acquisition, protection, management and use of intellectual property;
2. Formulate, review or modify intellectual property management systems, intellectual property contracts, or issue legal opinions for clients;
3 Planning intellectual property investment solutions for clients, formulating, reviewing or modifying various agreements related to intellectual property;

4 Planning patent strategy for clients, searching for patent documents, entrusting Chinese and foreign patent applications, declaring revocation or invalidation, customs filing of intellectual property, etc .;

5. Accept clients 'entrustment, conduct infringement investigation and evidence collection, send infringement warning letters, issue attorney letters, issue lawyers' statements, issue infringement comparative legal opinions, conduct pre-litigation mediation, etc.
6. Accept the client's entrustment to act as an agent for patent disputes, contract disputes, infringement disputes, or administrative litigations, representing prosecution, responding, counterclaim, appearance in court, settlement, appeal, etc .;
7. Accept the commission of the parties and act as arbitration agent to handle arbitration activities related to contract disputes related to intellectual property rights.

Patent Attorney Role

As a legal person with a science and engineering background, patent attorneys can use their rigorous thinking and logic to understand and master law and technology, and embody powerful intellectual abilities in the formation, protection, use, and operation of patent rights. , Earnestly safeguard the legitimate rights and interests of intellectual property rights holders, and maximize the economic value of the benefits brought by intellectual property rights.