BSKB partner Charles Gorenstein was quoted in a March 9, 2016 Law360 article discussing the recent Federal Circuit decision regarding patent agent privilege. The decision recognizes a privilege that applies to communication between patent applicants and patent agents, but extends only to communications necessary to prosecute patents and to engage in other activities for which agents are authorized. Prior to this decision, some district courts recognized patent agent privilege, while others did not. Mr. Gorenstein states, “The biggest effect here is the certainty. The court has taken an issue that has been bouncing around the district courts for a time and let everyone know where the line is. We know where there is privilege and where there is not privilege, and certainty is good.”
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