Professional Ethics, Client Representation and Privilege
Confidentiality and conflicts
Patent attorneys owe clients confidentiality and loyalty. Before accepting a matter, check for conflicts: a prior client, a co-owner, a joint venture or a foreign associate may be adverse. If a conflict arises, disclose, decline or obtain informed consent where permitted. Keep client funds separate, charge only agreed fees, and do not mislead the Registrar or the court.
Privilege and representation
Israeli law recognises professional confidentiality for patent attorneys; privilege claims should be checked against the forum and the applicable statute. Communications for the purpose of legal advice may attract privilege, but technical documents and business records may not. A patent attorney should clarify the scope of representation, especially when instructing foreign counsel or litigation lawyers.
Worked example
A patent attorney is asked by a new client to invalidate a competitor's patent. The attorney previously drafted the competitor's application in the same technology and received confidential information. The attorney must decline the new engagement or obtain clear consent from both parties if the rules allow; otherwise the confidential information could be used against the former client.
Traps
Do not treat a patent attorney's file as automatically privileged in every proceeding. Do not represent two clients with adverse interests merely because they are in different countries. Do not accept instructions from a non-client without confirming authority. Keep docketing and deadlines under professional control.