Comparison
Quick answer
Both patent attorneys and patent agents are licensed by the USPTO to prepare and prosecute patent applications. The difference: a patent attorney also holds a law degree and bar admission, giving them broader legal authority. A patent agent has technical expertise and USPTO registration but cannot practice law outside patent prosecution. For most patent filings, either can do the core job.
For pure patent prosecution — filing and defending applications at the USPTO — a patent agent is often equally capable and more cost-effective than a patent attorney. Choose a patent attorney when you need the full scope of IP legal services: litigation, licensing agreements, and integrated IP strategy. Many companies use patent agents for prosecution and patent attorneys for litigation and licensing.
Hourly rate
$150–$500/hr
Wide range reflects specialization — IP and corporate law command higher rates than general advisory
Per session
$200–$750
Typical for a 60–90 minute contract review, legal strategy, or compliance consultation
Project rate
$500–$5,000+
Flat-fee engagements for entity formation, contract drafting, or trademark filings