No, although there can be an overlap. A patent is a type of intellectual property, and intellectual property also includes trademarks, copyrights, and trade secrets. These legally exist and are legally protected under US laws in the same manner as other property. Like real estate, intellectual property can be bought, sold, licensed, used as collateral, passed to heirs after death, subject to bankruptcy, and more. Like real estate, intellectual property is really a “bundle of rights,” including the right to exclusive use, to prevent trespass against the property — called infringement — the right to commercially exploit the property, etc.

Patents are a subset of intellectual property. So, experienced patent lawyers like the ones at Revision Legal are also intellectual property attorneys. But, patent law is a specialized field, and as such, NOT all intellectual property lawyers are equipped to handle patent applications and patent law cases. If you have a patent you want to be filed or have a patent law case, call us at 231-714-0100 or 855-473-8474. We are also top-rated IP lawyers handling trademarks, copyrights, and trade secrets, and we are top-tier IP litigators with a significant record of success for our clients. Here is more information on what a patent lawyer is and how a patent lawyer is different from an IP lawyer.

What is a Patent Attorney?

A patent attorney is an attorney with standard legal training plus additional specialized training that allows a patent lawyer to handle patent applications and patent cases. Patents are legal protections afforded under US law for new inventions. A patent gives the inventor a monopoly on commercial exploitation and other uses of the invention for up to 20 years. There are different types of patents. The most common is a utility patent — for something like a new machine, device, or process. A utility patent is probably what most people think of when they hear the word “patent.” But there are also patents available for plants and for designs. There are extra rules with respect to patenting plants and obtaining design patents.

The extra training obtained by patent attorneys allows them to become specialized in the drafting, filing, and prosecuting of patent applications with the US Patent and Trademark Office (“USPTO”). A patent application is quite complex and must meet the exacting standards of the USPTO. A patent application will involve setting out the “specification” of the invention, spelling out each and every claim, providing drawings (in many applications), and more.

Excellent patent attorneys must also have talent and experience in handling patent-related matters after a patent is granted. These matters include protecting patent rights from infringement, helping in the legal aspects of exploiting the patent, drafting licensing agreements (if others will be allowed to use the patent), patent litigation, and more.

What is an IP lawyer?

As noted, IP law is a broader category that contains Patent Law. Thus, a patent lawyer is an IP lawyer, but not all IP lawyers will have the expertise and skills to handle patent matters.

Contact The Patent and IP Attorneys At Revision Legal

For more information, contact the experienced Patent and IP Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

Patent Attorneys and IP Lawyers: Understanding the Distinction and When You Need Each

Intellectual property law encompasses four distinct legal regimes — patents, trademarks, copyrights, and trade secrets — each with its own statutory framework, administrative system, and body of case law. Many clients assume that any IP lawyer can handle any IP matter. In practice, the skills and qualifications required to handle patent matters are significantly different from those required for trademark or copyright work, and confusing the two can result in inadequate legal representation at a critical moment.

The Patent Bar: A Separate Qualification

To represent clients before the USPTO in patent matters — filing and prosecuting patent applications, responding to USPTO Office Actions during patent examination, and handling patent reexamination proceedings — an attorney must be separately registered to practice before the USPTO as a patent attorney or patent agent. This registration requires passing the USPTO’s patent bar examination (officially the “Registration Examination for Patent Practitioners”) and demonstrating the required technical background in science or engineering.

The USPTO’s technical requirements for patent bar eligibility are specific: a degree in an accepted field of science or engineering, or equivalent technical training. Accepted fields include biology, biochemistry, chemical engineering, chemistry, computer science, electrical engineering, mechanical engineering, physics, and others. An attorney who has a J.D. and a standard bar license but no qualifying technical background cannot take the patent bar and cannot be registered to practice before the USPTO in patent matters. This means that a brilliant trial lawyer or trademark attorney may be entirely unqualified to draft or prosecute a patent application.

Patent litigation in federal district court is a different matter — any licensed attorney can appear in federal court patent litigation, regardless of whether they are registered with the USPTO. However, understanding the technical nuances of a patent’s claims, the prosecution history in the USPTO, and the claim construction arguments that will determine the scope of patent rights requires either a technical background or deep collaboration with patent-qualified counsel.

Types of Patents and What They Protect

Patents are granted by the USPTO under 35 U.S.C. § 101 et seq. There are three types of patents available in the United States:

• Utility patents — the most common type, protecting “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” (35 U.S.C. § 101); utility patents provide protection for up to 20 years from the application filing date, subject to payment of maintenance fees
• Design patents — protecting new, original, and ornamental designs for manufactured articles (35 U.S.C. § 171); a design patent protects the visual appearance of a product, not its functional features; protection lasts 15 years from the date of grant
• Plant patents — protecting asexually reproduced distinct and new varieties of plants (35 U.S.C. § 161); relatively rare and highly specialized

Software and business methods present particularly complex patentability questions after the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014), which held that abstract ideas implemented on a generic computer are not patentable. Patent attorneys working in software and technology must understand both the Alice framework and the USPTO’s subsequent guidance on how to draft claims that survive Alice challenges. This requires legal sophistication and technical understanding of the specific software architecture at issue.

What IP Lawyers Who Are Not Patent Attorneys Can Handle

An IP attorney who is not registered before the USPTO patent bar can still provide comprehensive legal services across the non-patent areas of IP law:

• Trademark registration and prosecution — any licensed attorney can file trademark applications and represent clients in TTAB proceedings; trademark prosecution does not require the technical background demanded by the patent bar
• Copyright registration and enforcement — copyright registration with the Copyright Office, copyright licensing, DMCA compliance and takedown procedures, and copyright infringement litigation
• Trade secret protection — drafting nondisclosure agreements, employee confidentiality policies, and trade secret protection programs under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836, and state trade secret laws
• IP licensing and transactional work — drafting and negotiating technology licensing agreements, IP purchase and sale agreements, due diligence in M&A transactions involving IP assets, and IP portfolio valuation
• IP litigation — including patent infringement cases in federal court (where no USPTO registration is required), trademark infringement litigation, copyright infringement litigation, and trade secret misappropriation

The Intersection: When Both Are Needed

Many technology and manufacturing businesses need both patent prosecution services and broader IP counsel simultaneously. A software company, for example, might need a patent attorney to prosecute patent applications for its software architecture while also needing trademark protection for its brand, copyright registration for its code and documentation, and trade secret protection for its proprietary algorithms and data sets. These needs can often be served by a single firm that employs both patent-qualified attorneys and broader IP counsel — reducing coordination costs and ensuring that the different protection strategies are aligned.

In M&A and venture capital contexts, IP due diligence typically requires review of all four categories of IP — patents, trademarks, copyrights, and trade secrets — as well as analysis of licensing agreements, employment agreements with IP assignment provisions, and chain-of-title questions. A firm with depth across all categories of IP is better positioned to provide comprehensive due diligence than one with expertise in only one area.

Revision Legal has experienced attorneys handling patents, trademarks, copyrights, and trade secrets. We handle the full spectrum of IP needs for technology companies, manufacturers, creative businesses, and startups. If you have a question about which type of IP attorney you need for your situation, contact us for a consultation and we will point you in the right direction.