RESOLVED, IPO supports the application of a privilege, analogous to the attorney‑client privilege, protecting from discovery in U.S. litigation confidential communications between clients and their U.S. and foreign patent practitioners concerning subject matter within the scope of the patent practitioner’s authorization to practice before a competent administrative or judicial authority. For purposes of this Resolution, “patent practitioner” means a practitioner, whether or not qualified as an attorney at law, and regardless of whether they are in‑house or outside, who is authorized to act before a competent administrative or judicial authority in the U.S. or a foreign country and is officially certified to provide professional advice concerning patents (e.g., U.S. patent agents and European patent attorneys).
IPO further supports the application of a privilege, analogous to the attorney‑client privilege, protecting from discovery in U.S. litigation confidential communications between clients and their foreign lawyers (regardless of whether they are in‑house or outside and including, but not limited to, lawyers who provide legal advice concerning patents), provided such communications are for the purpose of seeking or providing legal advice and would be considered privileged if made or received by a U.S. attorney.