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February 26, 2018


On another blog, the impact of this case has evolved into another discussion point that has not provided answers to a fallout question.

Under the premise that a patent agent is not practicing any other type of law. can a patent agent be sued for malpractice under a state law?

(Consider that malpractice varies from state to state, and that in most cases of the Duty-Breach-Harm analysis, attorneys are no longer analagous to patent agents as attorneys ARE state-barred and fall within the control of states. But see Sperry v. State of Florida ex rel. Florida Bar, 373 U.S. 379 (1963) (Holding that Florida may not enact controls over the Federal law-practicing patent agents).

And see generally: https://patentlyo.com/patent/2018/02/patent-agent-privilege.html#comments

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