Client-attorney Privilege In Patent Matters: Scope, Limitations And Best Practices

Understanding the concept of privilege is vital for navigating the discovery process during international patent disputes. Valérie Stephann provides expert guidance on the key points to consider.

International patent disputes are on the rise. In this context, European companies are increasingly likely to be involved in foreign proceedings, particularly in common law countries such as the United States. These proceedings generally involve discovery mechanisms, which can compel a party to produce internal and confidential documents to the opposing party.

Discovery is a phase of common law proceedings during which each party is required to disclose to the other all documents relevant to the dispute, including those that are unfavourable to them. Only documents validly protected by a recognised privilege can be excluded.