Manual of Patent Practice - Section 103: Extension of privilege for communications with solicitors relating to patent proceedings - Guidance - GOV.UK
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This section declares that the privilege from disclosure enjoyed by the clients of solicitors extends to communications with solicitors for the purpose of pending or contemplated proceedings
under the 1977 Act, EPC or PCT. This applies to proceedings before the comptroller or, for the EPC and PCT only, before the relevant convention court (as defined in s.130(1)).
Section 280 of the CDP Act makes similar provision in respect of communications with patent agents. Section 103 does not extend to Scotland where section 105 (and section 280(4) of the CDP
Act) apply instead.
The reference to a solicitor etc includes references to bodies recognised under the Administration of Justice Act 1985, s.9, by the Solicitors’ Incorporated Practices Order 1991, SI 1991 No
2684.