Section 280 Privilege for communications with patent agents.

United Kingdom

(1)

This section applies to F1—

(a)

communications as to any matter relating to the protection of any invention, design, technical information, F2or trade mark, or as to any matter involving passing off F3, and

(b)

documents, material or information relating to any matter mentioned in paragraph (a).

F4(2)

Where a patent attorney acts for a client in relation to a matter mentioned in subsection (1), any communication, document, material or information to which this section applies is privileged from disclosure in like manner as if the patent attorney had at all material times been acting as the client's solicitor.

(3)

In subsection (2) “patent F5attorney” means—

(a)

a registered patent attorney or a person who is on the European list,

(b)

a partnership entitled to describe itself as a firm of patent F6attorneys or as a firm carrying on the business of a European patent attorney, F7...

F8(ba)

an unincorporated body (other than a partnership) entitled to describe itself as a patent attorney, or

(c)

a body corporate entitled to describe itself as a patent attorney or as a company carrying on the business of a European patent attorney.

F9(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in s. 280(1) renumbered as s. 280(1)(a) (1.1.2010) by virtue of Legal Services Act 2007 (c. 29), ss. 208(1), 211, Sch. 21 para. 77(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F2: Words in s. 280(1) substituted (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 8(3); S.I. 1994/2550, art. 2
F3: S. 280(1)(b) and preceding word inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208(1), 211, Sch. 21 para. 77(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F4: S. 280(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208(1), 211, Sch. 21 para. 77(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F5: Words in s. 280(3) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 280(1), 211, Sch. 21 para. 77(d)(i) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F6: Word in s. 280(3) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208(1), 211, Sch. 21 para. 77(d)(ii) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F7: Word in s. 280(3)(b) repealed (1.10.2011) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2011/2196, art. 2(1)(h)(iii)
F8: S. 280(3)(ba) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 185(6), 211 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(i) (with art. 9)
F9: S. 280(4) omitted (1.1.2010) and repealed (1.10.2011) by virtue of Legal Services Act 2007 (c. 29), ss. 208(1), 210, 211, Sch. 21 para 77(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9); S.I. 2011/2196, art. 2(1)(h)(iii)