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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Lawyers are really smart people | 478 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Lawyers are really smart people
Authored by: Anonymous on Thursday, June 07 2012 @ 12:43 PM EDT
Then why don't you become a patent agent, yourself?

There is no requirement that someone who writes, files, and prosecutes patent applications before the USPTO be a licensed attorney, or even have a legal education. All that is necessary is that you have a technical degree, pass the USPTO's written test, and pass a background check. The check is essentially one to make sure that you don't have a criminal history and also do not have a history of lying.

Once you are through, you can represent anyone in the USPTO for the purposes of drafting, filing, and prosecuting patents. Voila! The problem of patent applications being capable of being understood only by patent lawyers is solved. And, you can always represent yourself for your own patent applications even without meeting any of the requirements of a patent agent or attorney.

Given that so many people seem to think that patents can only be understood by a lawyer, yet are also simultaneously so obvious, I'd love to see, just from a didactic point of view, how someone making these assertions would rewrite an already issued patent application that he or she alleges to have these faults to make it easier for engineers and/or programmers and/or nonlawyers to understand.

[ Reply to This | Parent | # ]

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