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.

Upcoming Webinar

Functional Claiming After Williamson v. Citrix
December 14, 2017 at 12:00 pm EST
During the webinar, Charles Bieneman will cover strategies for avoiding – or embracing – functional claim interpretations, and for avoiding findings that functional claim language is indefinite. Register

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