Privilege may not apply to foreign patent agents; U.S. law is not uniform on whether communications with IP practitioners are protected

Article Abstract:

US courts struggle with international differences in the protection of intellectual property and in defining the legal status of attorney and nonattorney patent practitioners. Nonattorney foreign patent practitioners often do the same work as US or foreign attorneys. US courts have tried to develop tests to determine which communications with foreign patent practitioners are privileged.

United States, Laws, regulations and rules, Patent law, Patent practice

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Privilege is simply a domestic issue; care should be taken in complex litigations, as foreign privilege rules may become a factor

Article Abstract:

Factors included in the analysis of whether US federal privilege law applies to confidential communications regarding foreign legal matters are discussed. Recent case law considers the protection from disclosure provided by foreign privilege law.

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Liberal U.S. discovery rules extend their reach; foreign corporations may be subject to our rules on our turf

Article Abstract:

Factors included in the analysis of whether US federal privilege law applies to confidential communications regarding foreign legal matters are discussed. Recent case law considers the protection from disclosure provided by foreign privilege law.

Discovery (Law)

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