In re Silver — Texas Supreme Court Recognizes Patent Agent Privilege

By Josh Rich — In reversing an appellate court decision that had caused concerns throughout the patent world, the Texas Supreme Court recognized that communications between patent agents and clients could be covered by the attorney-client privilege.[1] In Patent Office proceedings and patent litigation, patent agent-client communications could already be protected; in non-patent litigation, however, it is far less clear — and the prior Texas appellate court decision suggested such communications could be revealed in discovery. By reversing the appellate court decision, the Texas Supreme Court should have patent agents feeling more confident that their representation of clients in patent…Original Article