Are patent agents practicing unlicensed law?
Yes, but they are legally practicing law unlicensed by any state bar. Because they are appointed by the USPTO, which is an arm of the U.S. federal government (Dept. of Commerce), the state laws regulating the practice of law are effectively overruled by federal law. The relevant test case of federal supremacy jurisdiction overruling specific state regulations was Sperry vs. The State of Florida. Note, however, that patent agents can counsel and represent clients only in connection with civil service administrative hearings, not before judges.
