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- Title
LET'S ALL GET ON THE SAME PAGE: EQUATING PATENT-AGENT PRIVILEGE TO ATTORNEY-CLIENT PRIVILEGE.
- Authors
Kim, Alexandra K.
- Abstract
In 2016, in In re Queen's University, the Federal Circuit recognized a new sort of privilege: patent-agent privilege. The court ruled that patent-agent privilege protects communications between a patent agent and client that are "reasonably necessary" for the patent prosecution process. District courts have since attempted to clarify the meaning of "reasonably necessary." In 2017, the United States Patent and Trademark Office similarly recognized patent-agent privilege in Patent Trial and Appeal Board proceedings and all communications in front of the USPTO. However, the majority of state courts, following their own privilege rules for state law claims, have not yet addressed whether a privilege exists for patent agents and their clients. Due to the inconsistent standard for communications that fall under patentagent privilege, patent-agent privilege should be equal to attorney-client privilege in all venues. Doing so would allow the client to expect the same level of privacy in their work with a patent agent as with an attorney. Additionally, it would make patent prosecution more accessible since patent agents typically have lower billing rates than attorneys. Further, equating the two privileges would clarify what communications are in fact protected, all without expanding the patent agent's ability to practice law in front of the USPTO. This paper will delve into the different standards of patent-agent privilege and discuss why patent-agent privilege should be equivalent to attorneyclient privilege in all venues. Holding otherwise would go against the very goal that patent-agent privilege was created to protect: the client.
- Subjects
UNITED States; ATTORNEY-client privilege; PATENT lawyers; PATENT agent services; PATENT suits; ATTORNEY &; client
- Publication
Richmond Journal of Law & Technology, 2021, Vol 27, Issue 3, p1
- ISSN
1091-7322
- Publication type
Article