FILING UPDATE: Attorney-Client Privilege Rule Supported by ACC Finalized By USPTO


ACC Position: 

On November 6, 2017, the US Patent and Trade Office issued a finalized rule that extends attorney-client privilege to both domestic and foreign patent agents with regard to proceedings before the Patent Trial and Appeal Board (PTAB). The rule more clearly lays out the scope of privileged communications between non-attorney patent agents and their clients in PTAB proceedings.

In a comment letter filed in December 2016, ACC and its Intellectual Property Committee expressed support for the proposed rule, highlighting its importance as a first step toward greater consistency of treatment of attorney-client privilege in patent disputes. The rule will go into effect on December 7, 2017.

See the new rule here.

Click here to view ACC’s letter.