Webinar: Exploring the “Patent Agent Privilege” Proposal and Its Anticipated Impacts on PTAB Proceedings
Join Shareholder Lloyd Smith and Cooley attorney Britton Davis on Wednesday, August 30, 3:00 PM-4:00 PM, for a webinar hosted by The Knowledge Group.
The United States Patent and Trademark Office (USPTO) has proposed a rule that would recognize a privilege for certain communications between U.S. patent agents or foreign non-attorney patent practitioners and their clients, to the same extent as communications between clients and U.S. attorneys. It would replace the current patchwork of common law, which requires a complex fact-based analysis to decide privilege questions.
Smith and Davis will discuss how and to what extent the rule would protect communications from discovery in trial practice at the USPTO and the Patent Trial and Appeal Board (PTAB), including inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings under the Leahy-Smith America Invents Act (AIA).
Key topics include:
- Inter Partes Review
- Post-Grant Review
- Business Method Patents
- Leahy-Smith America Invents Act
- Communications Covered
- Jurisdictional Limitations