a patent attorney or a patent expert: what’s the difference?

 

A patent attorney is slightly different from someone like a patent adviser or patent expert.

 

The patent attorney
The patent attorney is a legally authorised and registered specialist. A patent attorney has had a technical university education. Before he/she is authorised and registered a patent attorney has undergone at least three years' training under the supervision of an experienced patent attorney. He/she has also successfully completed a number of theoretical and practical exams specified by law. After his/her training the patent attorney is obliged to undergo continuous education to keep his/her professional expertise up to date. There is a statutory disciplinary system to which the patent attorney is subject in the form of a statutory Supervisory Council (Raad van Toezicht). That means that a client who believes that the quality of the supplied services is below par can bring a complaint against the patent attorney concerned. Only a patent attorney is legally permitted to act on behalf of a client in procedures at the Netherlands Patent Office. Persons other than patent attorneys are prohibited from representing themselves as if they are entered in that register. All Dutch patent attorneys are entered in this Register. Most Dutch patent attorneys also hold professional liability insurance for any attributable loss which may arise as a result of the Patent Attorney's actions or omissions.

The patent adviser or the patent expert
There are all sorts of parties operating in the market as service providers dealing in some way with patents and inventions. Common titles are ‘patent adviser' or ‘patent expert'. A recent example of this can be found at http://octrooiexpert.helpt.nl/ . Mr Von der Fuhr is not a qualified and registered Dutch patent attorney. He therefore does not meet the quality requirements laid down for patent attorneys by the relevant laws and regulations. There is no statutory Supervisory Council which can supervise the quality of the services that he provides.