Divided Federal Circuit Panel Creates Patent Agent Privilege


New privilege separate from attorney-client has been created: patent agent-client privilege.



2 thoughts on “Divided Federal Circuit Panel Creates Patent Agent Privilege

  1. This new privilege has pros and cons. It is good for an inventor to now have a privilege with a patent agent to protect communications. However, it is possible that an inventor will misconstrue how narrow this privilege is. It appears that the inventor-patent agent privilege is narrower than the attorney-client privilege.

    “A key step of assessing the patent agent privilege will be to study the communications and assert the privilege only for that which falls under patent agents’ congressionally “authorized” practice of law before the Patent Office.”

  2. I agree with Judge Reyna. I understand the concern for such a privilege, but this should be something left to be decided by Congress and the Patent Office.