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Expert Analysis

Texas High Court Ruling On Patent Agents May Be Influential

By Perry Napolitano, Justin Kontul and Brian Willett (March 22, 2018, 1:13 PM EDT) -- The Supreme Court of Texas last month became the first state high court to extend the attorney-client privilege to nonattorney patent agents, as it overturned an order compelling an inventor to produce communications with his patent agent. The decision in In re Silver, No. 16-0682 (Tex. Feb. 23, 2018) could trigger similar decisions in other states, as two dozen other jurisdictions have the same attorney-client privilege rule embodied in Texas Rule of Evidence 503, upon which the decision was based.[1]...

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