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| Attorney client evidentiary privilege | Amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513). | Guidelines | ||||
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| (1) Where advice is sought from a professional representative in his capacity as such, all communications between the professional representative and his client or any other person, relating to that purpose and falling under Article 2 of the Regulation on discipline for professional representatives, are permanently privileged from disclosure in proceedings before the European Patent Office, unless such privilege is expressly waived by the client. |
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| (2) Such privilege from disclosure shall apply, in particular, to any communication or document relating to: |
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| a) the assessment of the patentability of an invention; |
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| b) the preparation or prosecution of a European patent application; |
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| c) any opinion relating to the validity, scope of protection or infringement of a European patent or a European patent application. |
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