Section 103: Extension of privilege for communications with solicitors relating to patent proceedings

Legal Proceedings.

  1. (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 solicitor11 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.