Who can practice law before the PTO?
An inventor may file
and prosecute his or her own patent application “pro se” before the PTO without
being an attorney or having any other qualifications. However, if an attorney wants to practice before the PTO (for
example, to file a client’s patent application or trademark application on the client’s behalf), they may need
an additional license to do so. In particular, while any attorney can
practice trademark law before the PTO, an attorney wishing
to practice patent law before the PTO (e.g., to file and prosecute patent
applications on behalf of an inventor) must obtain certification by taking the USPTO Registration Exam, which tests
the attorney’s knowledge of the patent law system.
Posted in: FAQ-PATENTS
