In an important new decision, the Texas Supreme Cloister has accustomed “patent-agent privilege” as a anatomy of attorney-client privilege. The cloister writes:
[B]ecause apparent agents are accustomed to convenance law afore the USPTO, they abatement aural [Texas Rules of Evidence] Rule 503’s analogue of “lawyer,” and, as such, their audience may adjure the lawyer-client advantage to assure communications that abatement aural the privilege’s scope.
In re Silver (Texas 2018) 
In the case, the balloon cloister had assured that a party’s communications with a apparent abettor were alone advantaged to the admeasurement that the apparent abettor was acting beneath an attorney’s direction. The cloister actuality reverses that acumen — no administration is necessary. The cloister does action a above admonition — that communications alfresco of the apparent agent’s accustomed convenance breadth ability not be protected:
The client’s communications with a registered apparent abettor apropos affairs alfresco the agent’s accustomed convenance breadth ability not be adequate because these communications are not necessarily fabricated to facilitate the arrangement of able acknowledged services.
In announcement a abeyant line, the cloister did not absolutely draw the band as to back a advice beasts too far.
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