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The majority of patent practitioners in the United States are patent attorneys. A patent attorney is defined as someone who is admitted to practice before the courts of at least one state in the U.S., and who is also admitted to practice before the U.S. Patent Office. In contrast, a patent agent is someone who is admitted to practice before the U.S. Patent Office but who is not provided any proof to the U.S. Patent Office that he or she is admitted to practice before at least one court in the United States. Thus, some patent agents (the ones who happen to be attorneys also) could become patent attorneys simply by filing the appropriate papers with the U.S. Patent Office establishing that they are also admitted attorneys.

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