In In re: Queen’s University at Kingston, __ F.3d __ (Fed. Cir. March 7, 2016)(O’Malley, J.), a divided court, in a case of first impression, determined that there is an attorney-client privilege to shield patent agent communications.

The decision did not directly address the issue of privilege for Patentanwälte, Benrishi and other highly qualified patent experts who are styled as overseas “patent agents”.

Details and a copy of the majority opinion are attached.