Short answer: Possibly, but only a narrow slice. IP law files are full of client information that confidentiality rules protect, so the realistic scope is firm-owned operating material. On size, Mode's minimum for legal is 10 employees; micro1 asks for 30+.
On this page
What these files hold
Typical intellectual property matter files include:
- Invention disclosures and unfiled or unpublished patent applications
- Client trade secrets shared for prosecution or litigation
- Trademark clearance searches and brand strategy
- License and settlement negotiations
ABA Model Rule 1.6(a) bars revealing information relating to the representation of a client without informed consent or an exception (Rule 1.6), and Rule 1.9 carries duties to former clients (Rule 1.9). Your state's version is the one that binds you.
What a firm might consider instead
- Docketing procedures and deadline workflows
- Blank invention-disclosure forms
- Prosecution process guides with no client matter content
- Firm marketing and business-development records
These are candidates for review with ethics counsel, not a list of approved items.
Secrecy is the asset
The USPTO must keep patent applications in confidence, with limited exceptions such as publication (35 U.S.C. § 122). A client's trade secret is protected only if the owner 'has taken reasonable measures to keep such information secret' (18 U.S.C. § 1839). Releasing client technical material to a third party could undercut both, on top of your Rule 1.6 duty.
Size and program fit
Mode lists minimum team sizes of 10+ employees for legal, 15+ for accounting, medical and finance, and 50+ for all other businesses, for companies based in the US, Canada, the UK or Australia with several years of records they own (Mode). micro1 asks for 30+ employees, mostly English data, and says it is prioritizing US companies (micro1). Census doesn't count firms by practice area, so the table shows all U.S. law offices.
| Industry (U.S. firms, 2022) | All firms | 10+ staff | 25+ staff | 50+ staff | 100+ staff |
|---|---|---|---|---|---|
| Offices of lawyers (NAICS 541110) | 156,583 | 17,397 | 5,620 | 2,484 | 1,151 |
Source: U.S. Census Bureau, Statistics of U.S. Businesses 2022, detailed employment sizes. Firms (enterprises) by paid employees; contractors are not counted. Each column sums the Census size classes at or above that size.
This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.
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Frequently asked questions
Are published patents fair game?
Published patents are public, but your files around them (drafts, strategy, client email) are client information.
Could licensing hurt a client's trade secret status?
Trade secret protection depends on reasonable secrecy measures under 18 U.S.C. § 1839, so any disclosure of client technical material is a serious question for counsel.
Sources
- Mode / BizBuyData referral pagebizbuydata.com
- ABA Model Rule 1.6, Confidentiality of Informationamericanbar.org
- ABA Model Rule 1.9, Duties to Former Clientsamericanbar.org
- U.S. Census Bureau, Statistics of U.S. Businesses 2022, detailed employment sizeswww2.census.gov
- micro1 company referral pagemicro1.ai
- 35 U.S.C. § 122, Confidential status of patent applications (Cornell LII)law.cornell.edu
- 18 U.S.C. § 1839, Definitions (trade secret) (Cornell LII)law.cornell.edu
Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.
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