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: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-145.Opinion.3-3-2016.1.PDF