Patent Agent Ethics, Professional Conduct and Client Confidentiality
Core duties
Malaysian patent agents are regulated under the Patents Act 1983 and the Patents Regulations 1986. A registered patent agent must be honest, competent and independent. Confidentiality is a fiduciary duty: client information, inventions and business plans must not be disclosed without consent, even after the engagement ends. Conflicts of interest must be avoided; if a conflict arises, disclose it and decline the matter or obtain informed consent.
Client money and files
Client funds must be held separately from the agent's own money, with proper accounting. The agent must keep the client informed of deadlines and costs and must not charge undisclosed fees. Advertising must not be misleading or amount to touting.
Worked example
Agent A acts for a startup on a patent application. The startup's competitor asks A to file a rival application. A must decline because the matters are substantially related and confidential information could be used. A cannot simply wall off the information without the startup's informed consent.
Traps
- Treating confidentiality as ending when the retainer ends.
- Acting for both sides in a dispute.
- Using a client's invention in another matter.
- Failing to disclose a conflict early.