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Patent agent privilege? Yes, but be careful!


A recent decision from the Federal Circuit recognises a privilege between non-attorneys patent-agents and their clients under certain conditions. Philippe Signore reviews the limits of this patent agent privilege, as well as those of the attorney-client privilege, within the context of the discovery phase of a US litigation

The discovery phase of litigation in the US is notoriously expansive and intrusive. The Federal Rules of Evidence are broadly drafted to require each party to collect and produce to the other side a considerable amount of information covering a...


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