Fed. Circ. Recognizes Non-Lawyer Patent Agent Privilege

Law360, New York (March 7, 2016, 6:17 PM EST) -- Communications between U.S. patent applicants and their non-attorney patent agents should be afforded some degree of privilege, a split Federal Circuit ruled Monday, in a case over smartphones that was closely watched by members of the patent bar.

In a 2-1 decision, the appeals court recognized for the first time a patent agent privilege, affording the same type of protections in attorney-client privilege to communications between registered patent agents and their clients.

Patent agents are not licensed attorneys, but they are certified to prepare and prosecute...
To view the full article, register now.




Case Information

Case Title

In re: Queen's University at Kingston

Case Number



Appellate - Federal Circuit

Nature of Suit

Date Filed

July 20, 2015

Law Firms


Government Agencies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.