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Bob is a patent practitioner, and works for a firm. The firm’s website lists him as a Senionr Attorney holding a J.D.

However, according to a https://oedci.uspto.gov/OEDCI/practitionerSearchEntry search, Bob’s status as practitioner is of "agent".

What explains the inconsistency?

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    Florida bar membership is something that can be determined from public records to see if he is an attorney or not.
    – ohwilleke
    Oct 3, 2022 at 17:12
  • But what explains the inconsistency with the USPTO? Is this common? Oct 3, 2022 at 17:13
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    Being an agent is different from being an attorney, but is it actually inconsistent?
    – bdb484
    Oct 3, 2022 at 17:31

1 Answer 1

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Florida bar membership is something that can be determined from public records to see if he is an attorney or not. I would be stunned if he was not.

It could be that he was an enrolled patent agent prior to being admitted to the practice of law and has never updated the record. Alternatively, it could simply be that there was a data entry error. No large database is 100% accurate.

For most purposes, the rights of an enrolled patent agent and an attorney admitted to patent law practice are the same in PTO practice, so correcting this error (assuming that it is one), even if it was discovered, wouldn't be an urgent priority.

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    My money is on this: “It could be that he was an enrolled patent agent prior to being admitted to the practice of law and has never updated the record.” If you look at his education, going from engineering to get a J.D. is one of the most typical avenues of becoming a patent attorney.
    – kisspuska
    Oct 4, 2022 at 0:49
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    @kisspuska I agree. Oct 4, 2022 at 5:15

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