Rule Recognizing Privileged Communications Between Clients and Patent Practitioners at the Patent Trial and Appeal Board
This proposed rule would amend the rules of practice before the Patent Trial and Appeal Board to recognize that, in connection with discovery conducted in certain proceedings at the United States Patent and Trademark Office (USPTO or Office), communications between U.S. patent agents or foreign patent practitioners and their clients are privileged to the same extent as communications between clients and U.S. attorneys. The rule would apply to inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings. This rule would clarify the protection afforded to such communications, which is currently not addressed in the rules governing Board proceedings at the USPTO. This new rule will not affect the duty of disclosure and candor before the Office under 37 CFR 1.56.
- Task
- Read the news
- Patent or trademark
- both
- Legacy system
- —
- Current entry point
- www.federalregister.gov/documents/2016/10/18/2016-25141/rule-recognizing-privileged-communications-between-clients-and-patent-practitioners-at-the-patent (permanent link in the Federal Register, verified 2026-09-30)
- Legacy system and where it moved
- No legacy system name mention in title or summary )
- Fee
- No fee mention in title or summary )
- What you need (account or API key)
- No account or key mention in title or summary )
- Published
- 2016-10-18
- Document type
- Proposed Rule
- Source
- USPTO documents published in the Federal Register (Federal Register API)(retrieved 2026-10-06)
Everything in the same category
Read the news (all 1988) · both (all 2333)
Related entry points
- Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board
- Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board
- Rules of Practice To Allocate the Burden of Persuasion on Motions To Amend in Trial Proceedings Before the Patent Trial and Appeal Board
- Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board
- Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of Patent Trial and Appeal Board Decisions
- Rules Governing Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board
- Office Patent Trial Practice Guide
- Practice Guide for Proposed Trial Rules
- Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board
- Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of Patent Trial and Appeal Board Decisions
- Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board
- Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board
- Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board; Correction
- Rules of Practice To Allocate the Burden of Persuasion on Motions To Amend in Trial Proceedings Before the Patent Trial and Appeal Board
- Changes to Implement Inter Partes Review Proceedings, Post-Grant Review Proceedings, and Transitional Program for Covered Business Method Patents
- Request for Comments on Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board