Measuring Patent Experience: How to Verify a Patent Attorney’s Track Record

5 minute read
Measuring Patent Experience: How to Verify a Patent Attorney’s Track Record
When choosing a patent attorney, experience matters—and one of the most objective ways to evaluate that experience is by looking at issued patents, not just filings. Patent applications are never guaranteed to become enforceable rights. Granted patents, by contrast, reflect successful navigation of the U.S. Patent and Trademark Office (USPTO) process. For businesses and inventors seeking meaningful protection, understanding how to evaluate a patent attorney’s issued work can offer valuable insight into their depth of practice.

Issued Patents vs. Filed Applications

It is important to distinguish between patent applications and granted patents. Applications may be abandoned, rejected, or substantially narrowed during prosecution. Issued utility and design patents, however, represent inventions that have cleared examination and are legally enforceable.

When assessing a patent attorney’s experience, focusing on issued patents provides a more accurate picture of results delivered for clients.

Using USPTO Patent Public Search to Review Patent Activity

The USPTO provides a public research tool known as Patent Public Search (PPUBS), which allows users to search issued patents using a variety of criteria, including practitioner name.

The platform offers two search options:

  • Basic Search, which can be useful for general research but may return incomplete results.

  • Advanced Search, which allows more precise queries and is recommended when reviewing practitioner activity.

Selecting the Correct Patent Database

To review granted U.S. patents, users should select the USPAT database. This database covers issued patents dating back to 1970 and is generally sufficient for evaluating the work of currently practicing patent attorneys.

Older patents may be found in separate archival databases, but for most due diligence purposes, USPAT provides relevant and reliable results.

Searching by Patent Attorney Name

When searching by practitioner name, advanced queries may be required. Attorney names may appear with middle initials or variations, which can affect search accuracy.

Using proximity search commands—designed to locate first and last names that appear close together—can help capture a more complete set of results. In some cases, adding parameters such as firm affiliation or date ranges may further refine search outcomes.

Because patent records can be formatted differently depending on filing practices and firm policies, no single search method is perfect. Multiple inquiries are often necessary to obtain meaningful results.

Confirming Patent Attorney Registration

Not all attorneys who advertise intellectual property services are registered to practice before the USPTO. Only registered patent attorneys and patent agents are authorized to prepare and prosecute patent applications.

The USPTO Office of Enrollment and Discipline maintains a public directory that allows users to:

  • Confirm whether a practitioner is registered

  • Determine whether they are a patent attorney or agent

  • Review their registration date, which reflects how long they have been authorized to practice patent law

This verification step is critical for inventors deciding who can lawfully represent them before the USPTO.

Common Limitations of Patent Searches

Patent searches by practitioner name do have limitations. Some firms list only the firm name on issued patents, rather than individual attorneys. In those situations, searching by individual name may produce limited or no results.

Additionally, U.S.-only search tools do not capture:

  • International patent filings

  • PCT applications

Reviewed By :  

Allie Morris

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