When inventors first reach out to a patent professional, one of the biggest worries is whether their idea will stay confidential. Fortunately, when you speak with a registered patent agent or attorney, confidentiality is automatic. Under USPTO rules of professional conduct, practitioners are prohibited from disclosing information about a client’s invention without permission. This means inventors don’t need to draft an NDA before the first conversation—the law itself provides that protection.
The courts have reinforced this principle through what is now called the “patent-agent privilege.” A landmark moment came in In re Queen’s University at Kingston (2016). In that case, a Canadian university was involved in U.S. patent litigation with Samsung, who demanded access to communications between the university and its U.S.-registered patent agents. The question was whether those communications were privileged in the same way as attorney–client communications.
The issue went to the U.S. Court of Appeals for the Federal Circuit, which has nationwide authority over patent matters. The court ruled that yes, a federal common law privilege protects communications between patent agents and clients when the discussions relate to tasks that agents are authorized to handle—such as preparing and prosecuting patent applications before the USPTO. Broader legal advice, like licensing or litigation strategy, remains outside an agent’s scope and therefore not covered.
This decision was groundbreaking because it confirmed that inventors can safely and openly share their ideas with patent agents, just as they would with attorneys, at least in the context of prosecution work. Combined with the USPTO’s ethics rules, the ruling ensures that automatic confidentiality is built into the patent system, giving inventors the freedom to focus on developing and protecting their innovations without having to fear about the confidentiality of patent agents.
Reach out to us at colton@mypatentguys.com for a confidential discussion about your invention today!