Patent attorney privilege in Australia: Options for reform

摘要

Patent attorney privilege is a key aspect of the working relationship between a client and her or his patent attorney. The capacity to withhold communications from a court, should litigation arise, facilitates the provision of full and frank advice to the client. The privilege in Australia arises from s 200(2) of the Patents Act 1990 (Cth) - a provision that has been held to not protect communications with patent attorneys not registered under the Patents Act. Given the increasing internationalisation of the patent system, this limitation may impact directly on the system's operation. This article considers a number of issues relating to the existence of the privilege in Australia and overseas, and raises a number of specific options for the reform of patent attorney privilege in Australia.