What is the difference between an attorney and an agent in patent applications?

In patent applications, both attorneys and agents can represent applicants before the USPTO, but there are important distinctions:

• Patent Attorney: A lawyer who has passed both a state bar exam and the USPTO’s patent bar exam. They can practice law and provide legal advice beyond patent prosecution.
• Patent Agent: An individual who has passed the USPTO’s patent bar exam but is not a licensed attorney. They can represent clients before the USPTO for patent matters but cannot practice law or provide other legal services.

The MPEP 402 refers to both as ‘patent practitioners’: ‘The term ‘patent practitioner’ as used in this chapter includes patent attorneys and patent agents.’ Both can receive power of attorney and represent applicants in patent matters before the USPTO, but only patent attorneys can offer broader legal counsel.