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   "Practioner" client privilege?
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   Author  Topic: "Practioner" client privilege?  (Read 1083 times)
castinet07
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"Practioner" client privilege?
« on: Oct 14th, 2007, 4:32pm »
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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
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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.
« Last Edit: Oct 29th, 2007, 12:19pm by Agent_Orange » IP Logged
Isaac
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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?

 
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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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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