In re Silver, Sup. Ct. of Texas, No. 16-1682, 8/10/2017 August 9, 2017

File Downloads

All documents are in PDF format.

Communications between a patent agent and a client should enjoy the protections of an attorney-client privilege when those communications occur within the scope of a patent agent’s authority under the Patent Act, according to an AIPLA letter brief filed August 10, 2017, in the Supreme Court of Texas.

The letter brief cites Sperry v. State of Florida ex rel. Florida Bar, 373 U.S. 379 (1963), to show that a patent agent is a person authorized to practice federal law, satisfying the definition of a “lawyer” for privilege purposes under Texas rules of evidence. The letter brief also points to federal recognition of the patent agent privilege in In re Queen’s Univ. at Kingston, 820 F.3d 1287 (Fed. Cir. 2016).

Upcoming Events

  • Legal Secretaries & Administrators Conference

    December 16 to 17, 2019

    This two-day conference, which has been a cooperative effort with AIPLA and the United States Patent & Trademark Office, for 40 years, is an ongoing outreach program that debuted in 1979. It is the premiere source of help and information for hundreds of office administrators, paralegals, and legal secretaries.
  • AIPLA 2020 Mid-Winter Institute

    January 29 to February 1, 2020

    Join a diverse, global community of law firms, companies, and institutions involved in the practice of patent, trademark, copyright, trade secret, and other unfair competition laws at AIPLA's Mid-Winter Institute at the Sheraton Grand at Wild Horse Pass in Phoenix, AZ.
  • 2020 Patent Prosecution Boot Camp - Seattle, WA

    February 26 to 28, 2020

    The Patent Prosecution Boot Camp is a comprehensive, CLE-accredited seminar that includes instructional lecture-style sessions with practical tips on US and international patent preparation and prosecution, as well as hands-on interactive workshops that will walk you through drafting claims and responding to office actions.