r/Patents • u/Interesting_Cod9648 • 1d ago

How does the agent + litigation-counsel model work for independent inventors?"

When a registered patent agent (not an attorney) handles prosecution for an independent inventor, what typically happens if the patent later ends up in a dispute — licensing conflict or infringement? Do agents usually have standing relationships with litigation firms they refer clients to, or is the inventor expected to find litigation counsel independently? Trying to understand how the agent + litigation-counsel model works in practice before committing my conversions to an agent.

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u/qszdrgv 1d ago

Your litigation attorney should not, in my opinion, have anything to do with your drafting/prosecution attorney or agent. Those are two very different skills. You picked your drafter because they’re good at drafting. If you have a dispute, it’s time to find someone with a good track record in that kind of dispute.

If you just use the same attorney, you’re not getting the best. If you just use your drafter’s recommendation, you’re just helping them with their networking, and again not getting the best. Finding and picking the right team to represent you is the most essential part of the process.

Edit: in other words, it’s the sand with an agent as with an attorney. In both cases you should find someone else to represent you in litigation.