Protecting Confidentiality with Your Patent Attorney

Confidentiality and Privilege when Working with Patent Attorneys

Understanding Privilege

When you seek professional advice about your intellectual property, you should be able to speak freely and in confidence. Legal professional privilege, also known as attorney-client privilege, protects that confidentiality. In Singapore, it ensures that any communications you have with your Singapore patent attorney remain confidential and cannot be disclosed in court or to other parties without your consent.

Privilege is an important safeguard in Singapore law. It allows clients to give their advisors the full facts and receive complete, accurate and candid advice in return. Because privilege restricts what may be produced as evidence in court, it is applied only in clearly defined circumstances.

Privilege under the Singapore Patents Act

In Singapore, privilege for patent-related matters is governed by Section 95 of the Patents Act 1994. Under this provision, communications about patents are protected in the same way as communications between a client and a solicitor but only when they are with a registered patent agent or a registered foreign patent agent recognised under the Act.

This means that privilege does not extend to communications with patent agents or attorneys who are not on the Singapore Patent Agent Register. Even if the work involves drafting or filing a patent application, communications with a patent attorney or patent agent registered overseas are not privileged under Singapore law.

Why It Matters Whom You Instruct

Choosing the right professional adviser is essential. Under Section 105 of the Patents Act 1994, only registered patent agents holding valid practising certificates are authorised to carry on business as patent agents in Singapore.

Such authorised activities include applying for or obtaining patents at IPOS or elsewhere, preparing specifications or other documents for a patent application and advising on the validity or infringement of patents.

Engaging a Singapore-registered patent agent gives you assurance of:

1. Confidentiality and Privilege

   Communications with Singapore-registered patent agents are protected under legal professional privilege. This ensures that your confidential discussions about your inventions remain confidential and cannot be disclosed, even to the courts, without your permission.

2. Professional Standards and Accountability

   Registered patent agents are regulated by the Intellectual Property Office of Singapore (IPOS) and are bound by the Patent Agents (Code of Conduct) Rules 2001. These rules set out the ethical and professional standards that all registered agents must follow, including duties of competence, confidentiality and integrity. Patent agents must meet these obligations to remain on the register and to continue holding a valid practising certificate.

   Rule 10 of the Code of Conduct specifically requires every patent agent to keep client information confidential unless the client consents or disclosure is required or permitted by law. This duty continues even after the engagement ends. This reinforces the legal protection of privilege under the Patents Act and ensures that client information remains safeguarded at all times.

3. Professional Indemnity Insurance

   To hold a valid practising certificate every patent agent must maintain full professional indemnity insurance. This legal requirement gives clients additional protection and peace of mind ensuring that you are covered in the unlikely event of professional error.

4. Effective Representation

   Only Singapore-registered patent agents may act before IPOS. Engaging such an agent ensures that your filings, deadlines and procedural requirements are managed accurately and in full compliance with local law.

If you are working with a patent attorney in Singapore, make sure you find out whether they are on the Singapore Patent Agent Register and hold a current practising certificate.

At Cantab IP

All the Singapore patent attorneys at Cantab IP are registered patent agents in Singapore, are on the Singapore Patent Agent Register and hold valid practising certificates issued by IPOS. Each attorney also maintains comprehensive professional indemnity insurance, as required by law, and adheres to the Patent Agents (Code of Conduct) Rules 2001.

When you instruct Cantab IP, your communications are protected by privilege, your interests are covered by insurance and your work is handled by fully qualified professionals authorised to act before IPOS.

For information on Cantab IP’s services, see our Patent Services page.

Summary

Singapore law protects confidential communications only when they are with an IPOS-registered patent agent or registered foreign patent agent. For complete legal protection and peace of mind always instruct a Singapore-registered patent agent with a valid practising certificate.

Every Singapore patent attorney at Cantab IP meets these standards, ensuring that your communications remain privileged and your intellectual property is managed to the highest professional level.