Q: I want to study a certification program to be able to assist in patent writing. Is there a certification?

A: You may not legally represent others in patent matters unless you are a registered patent agent or patent attorney. Both types of practitioners may draft and prosecute applications before the US Patent and Trademark Office, but only patent attorneys can represent clients in infringement cases and other legal matters.

To become a patent agent or patent attorney, you must take and pass the patent bar exam. In order to qualify, you must have at least a bachelor's degree in one of the accepted technical categories, or you must be able to demonstrate that your education otherwise meets the minimum qualifications. Most types of engineering degrees are acceptable. The only difference between a patent attorney and a patent agent is that a patent attorney has also earned a law degree and has been admitted to the bar in at least one state.

The patent bar exam is a very difficult exam, and taking a preparation course is strongly recommended. The overall pass rate is just under 50%, and this includes people who have attempted the test more than once. The exam tests your knowledge of the patent law generally, as well as very specific procedures under the Manual on Patent Examining Procedure. The exam consists of 100 multiple choice questions split into two 3-hour sessions. You must get at least 70% of the questions correct in order to pass.

For more information, you can review the US Patent and Trademark Office website: https://www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/becoming-patent-practitioner