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The Intellectual Property StrategistKickerSectionsNewsLJN Newsletters

Patent Agent Privilege Exists, But Is Limited

By Kirk Sigmon
July 01, 2016

In In re: Queens University at Kingston, PARTEQ Research & Development Innovations , No. 2015-145 (Fed. Cir. Mar. 7, 2016), the Federal Circuit determined that there is a “patent agent privilege” that protects communications between patent agents and their clients, so long as the communications relate to the patent agent's limited authority to practice law. While this is a promising protection for patent agents and their clients, the scope of the privilege is limited and uncertain, so reliance on the privilege should be discouraged.

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