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Jeffrey R. FilipekPartner

Cafc Recognizes Patent-Agent Privilege

Jeffrey R. Filipek
March 8, 2016

On March 7, 2016, the Court of Appeals for the Federal Circuit (CAFC) in In Re Queen’s University At Kingston (2015-145) granted mandamus review on the issue of whether there exists a patent-agent privilege. The Court pointed out that it “has not addressed whether a patent-agent privilege exists – it is an issue of first impression for this court and one that has split the district courts.” The majority (Judges Lourie & O’Malley) held (over a dissent by Judge Reyna) that “[w]e therefore recognize a patent-agent privilege extending to communications with non-attorney patent agents when those agents are acting within the agent’s authorized practice of law before the Patent Office.”

See the full text of the opinion here: