When should you choose a Patent Attorney?

You anticipate patent litigation or need someone who can enforce your patent in court You need IP agreements drafted — licensing deals, IP assignments, or NDAs alongside the patent Your business has complex IP strategy involving trademarks, trade secrets, and patents together You want a single professional who can handle both prosecution and broader IP legal matters You are dealing with patent invalidity challenges, inter partes review, or USPTO appeals

When should you choose a Patent Agent?

You need a patent application filed and prosecuted cost-effectively Your technical field is highly specialized and you want someone with deep domain expertise You have a straightforward invention and primarily need accurate, strong claim drafting Budget is a significant factor and litigation is not currently anticipated You already have legal counsel and just need USPTO prosecution support

Comparison

Patent Attorney vs Patent Agent

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.

Key differences

AspectPatent AttorneyPatent Agent

Legal qualificationsPatent AttorneyJD + bar admission + USPTO registrationPatent AgentUSPTO registration only — no law degree required

Can prepare patent applicationsPatent AttorneyYes — full authority before the USPTOPatent AgentYes — full authority before the USPTO

Can represent in litigationPatent AttorneyYes — can litigate in federal court if the patent is infringed or challengedPatent AgentNo — cannot represent clients in litigation or non-USPTO legal matters

Can draft IP contractsPatent AttorneyYes — licensing agreements, NDAs, IP assignments, and other contractsPatent AgentNo — drafting legal agreements is outside their scope of practice

Technical backgroundPatent AttorneyUsually has technical background (required for USPTO registration)Patent AgentTechnical degree required — often engineers, scientists, or technical specialists

Typical costPatent AttorneyHigher — law degree + bar adds cost to credentialsPatent AgentOften lower — same prosecution capability without the legal overhead

When to choose Patent Attorney

You anticipate patent litigation or need someone who can enforce your patent in court
You need IP agreements drafted — licensing deals, IP assignments, or NDAs alongside the patent
Your business has complex IP strategy involving trademarks, trade secrets, and patents together
You want a single professional who can handle both prosecution and broader IP legal matters
You are dealing with patent invalidity challenges, inter partes review, or USPTO appeals

When to choose Patent Agent

You need a patent application filed and prosecuted cost-effectively
Your technical field is highly specialized and you want someone with deep domain expertise
You have a straightforward invention and primarily need accurate, strong claim drafting
Budget is a significant factor and litigation is not currently anticipated
You already have legal counsel and just need USPTO prosecution support

Which Should You Choose?

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.

Typical cost

Court filing fee (인지액)

₩50,000–₩2,055,000

For claims of ₩10 million to ₩500 million. Under ₩10 million it is 0.5% of the claim; from ₩10 million to under ₩100 million, 0.45% plus ₩5,000; from ₩100 million to under ₩1 billion, 0.4% plus ₩55,000; from ₩1 billion, 0.35% plus ₩555,000. Examples: ₩230,000 for ₩50 million, ₩455,000 for ₩100 million, ₩2,055,000 for ₩500 million.

Appeal and final appeal filing fees

1.5× and 2× the first-instance fee

A notice of appeal pays 1.5 times the first-instance fee and a notice of final appeal to the Supreme Court pays twice. For a ₩100 million claim that is ₩455,000, then ₩682,500 and ₩910,000.

Lawyer's fee the loser can be ordered to repay (per court level)

₩300,000–₩13,400,000+

₩300,000 for a claim up to ₩3 million, ₩2 million for ₩20 million, ₩4.4 million for ₩50 million, ₩7.4 million for ₩100 million and ₩13.4 million for ₩500 million. This is a reimbursement ceiling, not a lawyer's price: it cannot exceed what the winner paid, and it is halved when the defendant admits the whole claim or does not contest.

Your own lawyer's fee

Set by contract

There is no official fee schedule. Ask for a written agreement that says what is included, such as each court level and any success fee.

See full pricing breakdown →

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