Tag Archives: invention disclosure

Are invention disclosure documents protected by attorney-client privilege?

A common first step in the patent filing process is the completion of an invention disclosure form. The form asks the inventors to provide basic details about the invention, including who invented it, what problem does the invention solve, and how is the invention different from the prior art.

Many businesses and research institutions with patent filing programs require their inventors to complete invention disclosure forms to help the entity decide whether to file a patent application. The form may be reviewed by an intellectual property manager, by a patent review committee, or by others who decide whether or not to pursue a patent application for the invention.

Are invention disclosures protected by attorney-client privilege?

Recent court decisions indicate that the answer depends on what happens after the inventors complete the form. Continue reading