Preserving attorney-client privilege offshore

Patent attorneys cannot outsource the preparation of patent applications to India because of attorney-client privilege, true or false?

This issue has become more profound with the burgeoning of offshore outsourcing patent work to India.

Some attorneys are of the view that even an in-depth and sound legal opinion against patent applications being outsourced for drafting, would not deter them from their stand until a court provides a ruling – or until this exact issue is codified into law, as that is the only means of getting an answer with any degree of certainty.

Savi Gupta is a lawyer at Clairvolex Knowledge Processes, a Delhi-based legal outsourcing firm.