Analysis

USPTO Rule On Agent-Client Privilege Helps, But Gaps Persist

By Matthew Bultman (November 9, 2017, 8:05 PM EST) -- A rule finalized this week by the U.S. Patent and Trademark Office establishing a privilege between patent agents and their clients provides needed clarity for Patent Trial and Appeal Board proceedings, experts said, though they cautioned that gaps in protection still remain.

The final rule, which takes effect Dec. 7, amends the standards for America Invents Act reviews at the PTAB and establishes that communications between a client and a patent agent will receive the same protections of privilege they would have had with a patent attorney.

The rule, which also applies to communications between a client and a foreign patent agent...

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