Federal Circuit Recognizes New Privilege For Patent Agents

Mealey's (March 8, 2016, 12:44 PM EST) -- WASHINGTON, D.C. — A Texas federal judge’s order compelling the production of communications held by Queen’s University at Kingston with its non-attorney patent agents was ordered withdrawn March 7 by a divided Federal Circuit U.S. Court of Appeals (In re: Queen’s University at Kingston, No. 15-145, Fed. Cir.; 2016 U.S. App. LEXIS 4259).

(Decision available. Document #16-160321-002Z.)

In so concluding, the majority comprising Circuit Judges Kathleen M. O’Malley and Alan D. Lourie, in a matter of first impression, recognized “a patent-agent privilege extending to communications with...
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