Perspective
Oct. 12, 2016
Attorney-client privilege and nonattorney patent agents
What happens in Texas stays in Texas — regardless of what the Texas Supreme Court decides, nonattorney patent agent communications with clients are not protected by privilege in California. By Matthew K. Blackburn
Matthew K. Blackburn
Diamond McCarthy LLCpatent attorney, patent litigation
150 California St Ste 2200
San Francisco , CA 94111-4547
Phone: (415) 692-5202
Fax: (415) 263-9200
Email: mblackburn@diamondmccarthy.com
Georgetown Univ Law Center
Matthew K. Blackburn is a partner with the national litigation boutique Diamond McCarthy LLC in San Francisco. He is a registered patent attorney with the U.S. Patent & Trademark Office and serves as the chair of the Patent Litigation Committee for the American Bar Association's Intellectual Property Law Section. He can be reached at mblackburn@diamondmccarthy.com
Federal law authorizes nonattorney patent agents to practice before the U.S. Patent and Trademark Office (USPTO). Over 1,000 nonattorney patent agents are registered in Northern California alone. These patent agents frequently prepare and prosecute patent applications for some of the largest corporations in Silicon Valley. However, patent agents may not enjoy the same attorney-client privilege as their patent attorney count...
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