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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!