Communications with Patent Agents and Foreign Associates – Recent Developments on Privilege

If you are, or work with, a patent agent - or if you are at one end or the other of communications between U.S. attorneys and foreign attorneys and/or patent agents - this recent presentation by my colleague Peter Keros has some useful information.  The basic takeaways are these.  First, patent agents are treated like lawyers for purposes of privilege - so long as the communications are about what patent agents are licensed to do, which is prepare and prosecute patent applications.  Second, communications between U.S. and foreign counsel on patent matters can have different protection depending on what the other country is, and what it's laws say, as well as on whether the subject of the communication is a U.S. patent or application as opposed to a foreign patent or application.

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Preparing and Prosecuting Functional Claims
October 23, 2019 at 12:00 pm EDT
There continues to be a dramatic impact on the interpretation of functional claim terms after the Federal Circuit decision in Williamson v. Citrix Online L.L.C. Since means-plus-function claiming can be utilized in almost every field of innovation, p…Register

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