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A patent attorney or patent lawyer is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The terms patent attorneys or patent lawyers are used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner.  The titles patent agent and patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are interchangeable, in others the latter is generally used only if the person qualified as a lawyer.

In the United States, a practitioner may either be a patent attorney or patent agent. Both patent attorneys, patent lawyers, and patent agents have the same license to practice and represent clients before the Patent Office, part of the United States Patent and Trademark Office (USPTO). Both patent agents and patent attorneys, or patent lawyers may prepare, file, and prosecute patent applications. Patent agents and patent attorneys may also provide patentability opinions.

Patent attorneys and patent lawyers must also be admitted to the practice of law in at least one state or territory of the U.S. In the time since the USPTO issued the first patent in 1790, approximately 62,000 citizens have passed the USPTO registration examination and hold a license to prosecute patent applications.  Only about 27,000 of those license holders are also licensed to practice law.  Of the states, California has the most patent attorneys (and agents), followed by New York and Texas.  Patent Attorneys, Patent Lawyers, and Patent Agents are generally required to have a technical degree (such as engineering, chemistry or physics) and must take and pass the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office. Since patent attorneys and patent lawyers are admitted to practice law in a state or territory, they can additionally provide legal services outside the Patent Office if practicing within the jurisdiction they are admitted to practice or if the law of the jurisdiction otherwise permits them to practice although not admitted in that jurisdiction.

These legal services include advising a client on matters relating to the licensing of the invention; whether to appeal a decision by the Patent Office to a court; whether to sue for infringement; whether someone is infringing upon the claims of a client's issued patent; and conversely, whether a client is infringing the claims of someone else's issued patent.  Patent agents cannot provide legal services of this nature, nor can they represent clients before the Trademark Office part of the USPTO.
In order to be registered as a patent agent, patent attorney, or patent lawyer one must pass the USPTO registration examination. This exam commonly referred to as the "patent bar," tests a candidate's knowledge of patent law and USPTO policies and procedures as set forth in the Manual of Patent Examining Procedure (MPEP).  
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