(1)This section applies to [F1—
(a)]communications as to any matter relating to the protection of any invention, design, technical information, [F2or trade mark], or as to any matter involving passing off [F3, and
(b)documents, material or information relating to any matter mentioned in paragraph (a).]
[F4(2)Where a patent attorney acts for a client in relation to a matter mentioned in subsection (1), any communication, document, material or information to which this section applies is privileged from disclosure in like manner as if the patent attorney had at all material times been acting as the client's solicitor.]
(3)In subsection (2) “patent [F5attorney]” means—
(a)a registered patent [F5attorney] or a person who is on the European list,
(b)a partnership entitled to describe itself as a firm of patent [F6attorneys] or as a firm carrying on the business of a European patent attorney, F7. . .
[F8(ba)an unincorporated body (other than a partnership) entitled to describe itself as a patent attorney, or]
(c)a body corporate entitled to describe itself as a patent [F5attorney] or as a company carrying on the business of a European patent attorney.
(4)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 280(1) renumbered as s. 280(1)(a) (1.1.2010) by virtue of Legal Services Act 2007 (c. 29), ss. 208(1), 211, Sch. 21 para. 77(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F2Words in s. 280(1) substituted (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 8(3); S.I. 1994/2550, art. 2
F3S. 280(1)(b) and preceding word inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208(1), 211, Sch. 21 para. 77(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F4S. 280(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208(1), 211, Sch. 21 para. 77(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F5Words in s. 280(3) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 280(1), 211, Sch. 21 para. 77(d)(i) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F6Word in s. 280(3) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208(1), 211, Sch. 21 para. 77(d)(ii) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F7Word in s. 280(3)(b) repealed (1.10.2011) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2011/2196, art. 2(1)(h)(iii)
F8S. 280(3)(ba) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 185(6), 211 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(i) (with art. 9)
F9S. 280(4) omitted (1.1.2010) and repealed (1.10.2011) by virtue of Legal Services Act 2007 (c. 29), ss. 208(1), 210, 211, Sch. 21 para 77(e), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9); S.I. 2011/2196, art. 2(1)(h)(iii)