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You have come to the right place if you are looking for a Registered Patent Agent, or information to help you sort out what is a Patent Agent, and how can a highly qualified patent agent assist you in protecting your invention and reduce the otherwise high cost of procuring a patent.
Patent Attorney or a Patent Agent, which is right for me?
also see: USPTO Patent Attorneys and Patent Agents
also see: Usenet Patent Agent Frequently Asked Questions (FAQ)First of all, it is helpful to understand the main differences between a Patent Attorney and a Patent Agent. From the USPTO's point of view, both have to passed the Patent Bar Exam and if the person is a licensed Attorney in some U.S. State, then she is a Patent Attorney, otherwise a Patent Agent. The Patent Bar Exam is mostly taken by Attorneys, and is extremely difficult to pass. It usually takes two to three tries for most to pass (i.e., pass rates range from 30-50%). Anyone that can pass this grueling exam is licensed to practice in all matters related to patents before the USPTO. Interestingly, there is nothing taught in law school about Patent Practice that would help a law student at all to pass the Patent Bar Exam or to prepare and prosecute patent applications. In this respect, there is no advantage to using a Patent Attorney. Another aspect to consider concerns your practitioner's technical expertise. Generally, the more technically knowledgeable your practitioner is, the more accurate your patent will be, and the less time it will take to have him or her understand your invention. In this regard, Patent Agents tend to be far more technically capable than Patent Attorneys. The main reason is because Agents tend to come from a career in industry, and Attorneys tend to come right out of law school with a huge school loan debt, and no practical technical experience. The final main difference to consider, is that, for reasons beyond the scope of this brief presentation, Patent Attorneys will usually cost at least twice as much as a Patent Agents.
Regarding which is right for you, the only cases where only a Patent Attorney is an option is if you require patent litigation, patent validity opinion, patent licensing, or trademark application services. Although, few Patent Attorneys have much experience in these areas, the litigation and patent validity opinion experience can be helpful in drafting very high value patent applications (e.g., worth $100's of millions like Yahoo!, Amazon one-click, etc.). Even if your patent may not turn out to be the next Amazon, you should still find an affordable practitioner with some experience in patent validity opinion work, as this will usually increase the likelihood that your patent will hold up well in court. That is why it is particularly important to be sure that a Patent Agent you are considering has worked in a Patent Law Firm (and not only inside a company), and has worked with validity opinions. All other things being equal, it is almost always wiser for a small/medium sized business or independent inventor to work with a Patent Agent over a Patent Attorney as it usually costs half as much for the same quality of work.
Ariel Bentolila
Registered Patent Agent, US Patent Bar Registration no. 52614Ariel Bentolila is the founder of Bay Area Intellectual Property Group (Bay Area IP). Mr. Bentolila earned a B.S. in Electrical and Computer Engineering (thesis option) from the University of Florida (U of F) where he graduated with High Honors (cum laude) in the top 10% of his class and was on the Dean's Honor List, and twice received the President's Outstanding Student Award. At U of F he further earned a Masters of Science (thesis option) in Electrical and Computer Engineering with research specialization in Robotics and Artificial Intelligence (AI). His Thesis work at the Machine Intelligence Lab focused on R&D in advanced algorithms, platforms, and sensors that lead to intelligent mobile robot behavior. Over all, his discretionary course work emphasized computer science, AI, mathematics, pattern recognition, signal processing, analog design, and business development.
Mr. Bentolila is a member of the US Patent Bar, admitted to practice before the United States Patent and Trademark Office (USPTO) in all matters related to patents. Over the past several years he has worked with patents for law firm and in-house organizations.
In industry, Mr. Bentolila acquired a technical background and knowledge base that has significant breadth and depth, with technical areas of expertise including, but not limited to the following: algorithms, advanced modeling/simulation, AI, pattern recognition, data mining, robotics, sensors, analog/digital systems, power management, software development/programming/systems, embedded real-time applications, analog/digital signal processing, battery technology, semiconductor processing and packaging, and wireless systems. He possesses a particular in-depth knowledge of switching regulator systems, robotic systems, and machine learning methods such as Fuzzy Logic, Neural Networks, Hidden Markov Models, and Genetic Algorithms. Beyond technology, Mr. Bentolila has significant experience in invention, entrepreneurship, business models, marketing, and finance.
Prior to founding Bay Area IP, Mr. Bentolila worked at Beyer Weaver & Thomas, LLP (BW&T), a top Silicon Valley intellectual property (IP) law firm, where he, along with other members of the firm, prepared and/or prosecuted patent applications in a wide variety of technical areas including digital systems, software, mechanical, data mining, and electronic commerce areas.
Before Mr. Bentolila's extremely productive time at BW&T, he enjoyed a wide variety of practical industry experience. His last post in industry was as a Software Marketing and Corporate Intellectual Property Manager for a Santa Clara pre-IPO start-up corporation that provides embedded speech recognition solutions. In marketing, he focused on developing new products, market penetration strategies, and competition intelligence/analysis. As their IP Manager, he, in coordination with others, drove patent strategy, prosecution, and budgetary forecasts. In effectively combining strategic marketing and IP analysis, a comprehensive competitive landscape and action plan resulted.
Previously, Mr. Bentolila worked as an Artificial Intelligence Research Scientist at a Fremont based, pre-IPO startup corporation in the interactive TV, targeted advertising space. He was the sole inventor in two key patents pending (US Pub. App. #'s: 20030101451, and 20030101449) covering machine learning, data mining, intelligent agents, and user preference modeling. He was co-inventor in over five pending patents (including Pub. App. #'s: 20030097657, 20030093792, and 20030067554) covering business methods, software, and metadata headers. Integral with his scientific duties was a close working relationship with the director of IP in drafting patent applications, and contributing to outside council in IP acquisition/infringement studies.
In addition to patent prosecution, Mr. Bentolila has, in a support capacity, been a significant contributor to validity opinion, infringement study, and licensing initiatives.
Mr. Bentolila gained solid technical expertise in mixed-signal semiconductor technology as a Systems Research Engineer for Texas Instruments. His efforts included work in cell-phone power management system-on-a-chip ASICs, behavioral simulation methodologies, Li-Ion battery modeling, switching regulator designs, and product specification definition. To solve critical "show-stopper" problems in a $100M project he conceived of solutions that resulted in three patented inventions (US patent nos. 6,285,173, 6,310,469, and 6,492,793) that he initially drafted for TI's in-house legal department. Mr. Bentolila also was a contributor in a select marketing team charged to map out next generation DSP features, which among other things resulted in the decision to acquire Unitrode, Inc.
Other past technical positions include Research Electronics Engineer at Southwest Research Institute (SRI) and the National Institute of Standards and Technology (NIST). At SRI, Mr. Bentolila worked in the Automation and Data Systems Division, where he was the lead designer of a fuzzy logic tactile robotic arm controller, and made key contributions in applied sensor fusion research. At NIST, he was under the Intelligent Systems Division, Robot Systems Integration Group. Among many mobile robot endeavors, Mr. Bentolila developed for the US Defense Advanced Research Projects Agency (DARPA) sensors and systems that enabled bomb disposal, mobile robots to convoy.
Prior to Mr. Bentolila's technical and intellectual property career tracks, he honed his entrepreneurial, business, marketing, and sales skills through various inside/outside sales and small business endeavors.
Mr. Bentolila's patent agent practice directly provides patent, research, marketing, and invention development services to the San Francisco Bay Area, which includes Silicon Valley, and the greater cities of Berkeley, Oakland, San Mateo, Menlo Park, Mountain View, Palo Alto, San Jose, Santa Clara, Milpitas, Sunnyvale, Fremont and all the smaller cities in between. His practice also serves clients nationwide by way of the internet, telephone, and when necessary on-site travel.
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Legal Notice: None of the information provided in this website should be construed as or used as legal advice. The information provided here is for educational purposes only, in order to help inventors learn background information before consulting a practitioner. Since the best course of action in any specific matter will depend on the specific facts of the matter, NOTHING on this site can provide a substitute for the advice of competent legal counsel. Consult with a professional for specific advice regarding your particular situation.
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