Attorney and patent agent co-author article about patent agent/client privilege

Linda Nattler, a shareholder in the Ann Arbor office of Brinks Gilson & Lione, one of the largest intellectual property law firms in the U.S., and Robert Shereda, Ph.D., a patent agent also in the Ann Arbor office, co-authored the article “Patent Agent Privilege Under New PTAB Claim Construction,” published Oct. 30 in the legal trade publication, Law 360.

The article reviews how patent agent/client privilege is affected following the final rule published by the USPTO in the Federal Register on Oct. 11 that sets a new standard for claim construction in certain proceedings heard by the Patent Trial and Appeal Board (PTAB).

The rule was effective Nov. 13 and shifts the standard for evaluating claims in inter partes review, post-grant review and covered business method challenges from the broadest reasonable interpretation of the claim terms to the Phillips standard.

The change aligns the PTAB post-grant proceedings introduced under the Leahy Smith America Invents Act with the claim construction standards applied in federal district courts, the U.S. Court of Federal Claims, and the U.S. International Trade Commission.

Nattler focuses her intellectual property law practice on patent prosecution, opinion work, and IP portfolio management, with a particular emphasis on the areas of mechanics, electronics, hydraulics and computerized processes. She is chair of Brinks’ Germany task force and co-chair of the green tech practice group, and an active member of other practice groups.

Shereda, a biochemist, has academic and industry experience in chemistry and biology. He works with inventors to provide high-quality patent applications related to small molecule pharmaceuticals, biological therapeutics, and medical devices.