Section 103

Extension of privilege for communications with solicitors relating to patent proceedings

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103.-(1) It is hereby declared that the rule of law which confers privilege from disclosure in legal proceedings in respect of communications made with a solicitor [1] or a person acting on his behalf, or in relation to information obtained or supplied for submission to a solicitor or a person acting on his behalf, for the purpose of any pending or contemplated proceedings before a court in the United Kingdom extends to such communications so made for the purpose of any pending or contemplated -

  • (a) proceedings before the comptroller under this Act or any of the relevant conventions, or
  • (b) proceedings before the relevant convention court under any of those conventions.

(2) In this section -

  • "legal proceedings" includes proceedings before the comptroller;
  • the references to legal proceedings and pending or contemplated proceedings include references to applications for a patent or a European patent and to international applications for a patent; and
  • "the relevant conventions" means the European Patent Convention and the Patent Co-operation Treaty.

(3) This section shall not extend to Scotland.

Notes:
Manual of Patent Practice


[1] A reference in this section to a solicitor or solicitors is to be construed as including a reference to a body recognised under section 9 of the Administration of Justice Act 1985.

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