Ropes & Gray LLP v. Jalbert

Summary

The Supreme Judicial Court of Massachusetts answered certified questions concerning whether Massachusetts General Laws chapter 221, section 50 creates an attorney’s lien on patents and patent applications for patent prosecution services. The court held that the statute applies to such work and that the lien attaches to proceeds from the sale of the patents or applications. The decision interpreted the statute’s references to a client’s “claim” and “proceeds” as independent bases for the lien.

Holdings

1. A Massachusetts attorney who performs patent-prosecution work may assert a lien under G. L. c. 221, § 50, on the client's patent application and on the patent subsequently issued from that application.
2. A lien under G. L. c. 221, § 50, attaches to proceeds derived from the sale of a patent or patent application to which the lien is attached.

Questions Presented

1. Whether G. L. c. 221, § 50, grants a Massachusetts attorney a lien on patents and patent applications for patent-prosecution work performed for a client.
2. Whether, if the statute grants such a lien, the lien attaches to proceeds from the sale of the issued patents or patent applications.

Disposition

other