Confidentiality of Communications between Patent Advisors and their Clients

It is widely recognized that protecting the confidentiality of professional advice provided by patent advisors^[1] to their clients promotes frank and open communications necessary to delivering high-quality advice. Consequently, in most jurisdictions, whether they follow civil law or common law traditions, mechanisms are in place to safeguard confidentiality of such advice. This protection is typically ensured through various means, including contractual arrangements between patent advisors and their clients, codes of conduct set by professional associations, or through legislation.

In some common law countries, the confidentiality of communications between the client and patent advisor is protected by the legal doctrine of “privilege” against discovery, while in some civil law countries, a patent advisor has the right to refuse testifying in court on matters falling under the professional secrecy obligation.

As patent protection is increasingly international, the complexities of maintaining confidentiality of communications between clients and their patent advisors across borders comes to the forefront. This raises questions about whether and to what extent confidentiality of communications between a client and its patent advisor can be upheld in court proceedings in other jurisdictions and how this confidentiality can be preserved beyond national borders.

Information on policy, law and practice relating to this topic, at the international and national levels (regularly updated), is available.

Other related information

• Report on the International Patent System (SCP/12/3 Rev.2)