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United States Patent and Trademark Office › Patent Agent Privilege › Attorney-Client Privilege

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Fish & Richardson

Attorney-Client Privilege for Foreign Patent Agents and European Patent Attorneys

Fish & Richardson on

Attorney-client privilege refers to the protection of confidential communications made for the purpose of obtaining or providing legal advice. Application of and exceptions to this privilege are fact-based determinations made...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Final Rule Establishing Patent Agent Privilege

McDonnell Boehnen Hulbert & Berghoff LLP on

Earlier on November 7, 2017, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board ("PTAB") published its Final Rule establishing the attorney-client privilege for application in PTAB proceedings. Before the...more

Sheppard Mullin Richter & Hampton LLP

Proposed “Patent Agent Privilege” Promises Protection For Patent Practitioners And Clients

Sheppard Mullin Richter & Hampton LLP on

The United States Patent and Trademark Office (“PTO”) recently proposed a patent-agent privilege that would bring needed consistency to the discovery phase of Patent Trial and Appeal Board (“PTAB”) proceedings....more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Update -- Patent Office Proposes Rule Amendment to Recognize Patent Agent-Client Privilege

McDonnell Boehnen Hulbert & Berghoff LLP on

When Congress created the post-issuance proceedings before the Patent Trial and Appeal Board as part of the Leahy-Smith America Invents Act ("AIA"), it did so with the recognition that they would be adjudicatory in nature. ...more

Quinn Emanuel

Federal Circuit Recognizes New, but Limited, Privilege for Patent Agent Communications

Quinn Emanuel on

Introduction - Patent agents are licensed to practice before the United States Patent and Trademark Office (“USPTO”), and perform the same duties as patent attorneys in proceedings before the USPTO, including preparing...more

Foley & Lardner LLP

Federal Circuit Recognizes Limited Patent Agent Privilege

Foley & Lardner LLP on

In In re Queen’s University At Kingston, a divided panel of the Federal Circuit recognized a limited “attorney”-client privilege for patent agents. The majority’s decision to recognize a patent agent privilege is based...more

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