Intellectual property trademark attorney

A patent file history, also called a file wrapper, is the complete set of documents for a patent filed with the U.S. Patent and Trademark Office. These papers chronicle communications and actions taken by the patent examiner, the applicant, and the applicant s attorney from the time of patent application to issue. File histories are available from commercial services such as Intellectual Property Network (described below). 

Intellectual Property Attorney An attorney at law is someone licensed to practice law in a particular jurisdiction. Only an attorney may provide legal advice. Questions of patent infringement or patent validity are examples of questions about which only a licensed attorney can provide an opinion. A patent attorney is an attorney licensed to practice law, as well as being registered by the United States Patent and Trademark Office (USPTO) to represent patent applicants before the USPTO. Registration to practice before the USPTO requires meeting certain requirements discussed below, which include passing an exam to test proficiency in patent law and rules of practice. 

The career of an intellectual property attorney in the United States may take many different paths. People often focus their practice predominantly on trademark or patent law, especially if the attorney has an advanced technical degree. Within each of these categories, focus may be placed on litigation, prosecution (securing the patent or trademark through correspondence with the USPTO), or licensing. 

Counseling clients regarding the validity and scope of intellectual property rights of a third party is another important role of the intellectual property attorney. A trademark attorney may provide counsel on whether or not another company s mark is sufficiently different to avoid confusion. The attorney may also advise whether the client s mark is too similar to the registered mark of another. The biotech/pharma patent attorney would also provide counsel on infringement and validity issues with respect to patents owned by another party. 

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