You have an invention that may be patentable. You know by now
that secrecy and confidentiality is key to retaining patentability
of your invention. To patent an invention, you need to talk to a
patent attorney. But is discussing your invention with your
patent attorney not a disclosure? The good news is, no, it is not a
disclosure that could harm the patentability of the invention.
A patent attorney (including an admitted attorney, advocate and
in-house counsel) has a duty to preserve confidentiality of all
communications between him- or herself and you, the client. Not
only does a patent attorney have a duty to preserve
confidentiality, all communications are also protected by way of
the legal doctrine, commonly known as legal professional privilege
or legal privilege. This privilege is yours only and as such may
only be waived by you. However, beware that there are certain
requirements that have to be met, namely:
