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Topic: "Practioner" client privilege? (Read 1239 times) |
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castinet07
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Can anyone tell me if a patent agent has the same sort of protection with his/her client as a patent attorney?
I would certainly hate to be deposed by some litigation outfit and be forced to reveal a client's application if such litigation came down to it.
Are there case laws or statutes that have something on-point on this subject? I appreciate it. Thanks.
Casty07
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Agent_Orange
Newbie
Posts: 16
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Re: "Practioner" client privilege?
« Reply #1 on: Oct 29th, 2007, 12:18pm » |
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I think you better have another look at Part 10 of the Patent Rules.
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| « Last Edit: Oct 29th, 2007, 12:19pm by Agent_Orange » |
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Isaac
Senior Member
Posts: 3472
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Re: "Practioner" client privilege?
« Reply #2 on: Oct 29th, 2007, 1:48pm » |
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on Oct 14th, 2007, 4:32pm, castinet07 wrote:| Can anyone tell me if a patent agent has the same sort of protection with his/her client as a patent attorney? |
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I think mostly they do, but there is case law in a few jurisdictions suggesting that they do not. Unfortunatley, the patent rules aren't much help in sorting this out.
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Isaac
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DJoshEsq
Full Member
Posts: 104
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Re: "Practioner" client privilege?
« Reply #3 on: Nov 12th, 2007, 12:01pm » |
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In some jurisdictions, they do while in others they do not. See e.g. Santrade, LTd. v. G.E., 150 F.R.D. 539 (E.D.N.C. 1993).
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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