Posts Tagged: "attorney client privilege"

Recently, however, the USPTO and the Federal Circuit have both clarified that a patent agent’s communications related to his or her authorized practice are protected in the same manner as attorney client communications, such as those by patent attorneys… Further, state courts are not bound by USPTO rules or Federal Circuit law. Accordingly, to the extent a patent agent’s communications regarding his or her authorized practice are at issue in a state court proceeding that can’t be removed to a federal jurisdiction, the communications may not have the same protection as that provided in a federal court or AIA proceeding. Although the circumstances under which communications between a patent agent and a client would be discoverable in litigation in state court are limited, the potential admissibility in various states leaves a gap in the potential privilege.

Inside the business of patent law, small inventors are known as ”walking malpractice suits.” Patent attorneys are taught to never give business advice. Instead, they merely explain all the options and make the client choose. Then the attorney is not on the hook… Patent attorneys are expert at writing good patents and getting them through the USPTO… The company has the responsibility to make sure that the patents meet its business goals–not the patent attorney.