An ethics blog for IP attorneys
Introduction On April 16, 2025, the U.S. Patent and Trademark Office (USPTO) announced a new Fraud Detection and Mitigation Working Group. The USPTO states that the working group is aimed at protecting the integrity of the patent system. In doing so, they also announced another change, the suspension of expedited examination for design patent applications, […]
Read More
McCabe & Ali is proud to have signed the amicus brief of Solo and Small Firm attorneys backing Perkins Coie’s challenge in the D.C. District Court to the Trump administration’s executive order targeting it. Our firm, and 333 others, have requested leave to file an amicus brief condemning the order stripping security clearances from and […]
Read More
We’ve been tracking the burgeoning use of generative AI by patent and trademark lawyers, previously exploring its potential and pitfalls, including the use of AI before the TTAB, a warning about hallucination, and an IP lawyer’s guide to AI. However, we had yet to see the USPTO actually discipline an attorney for the use of […]
Read More
When ChatGPT went live in late 2022, lawyers were some of the first to buy into its potential. Don’t like to do research? No prob; AI has you covered. Not the best writer on the block? No sweat, let AI craft your winning brief. Some lawyers were led to believe it would be stupid NOT […]
Read More
The search for the next USPTO Director is underway, and sources indicate one notable candidate whose name is being discussed by the Trump administration is Pillsbury Winthrop long-time partner William P. Atkins.
Read More
Earlier this year, in Dino Danelli and Edward Brigati v. Beata Music LLC, Opposition No. 91249965 (March 29, 2024) (not precedential), the Board issued a 55-page opinion sustaining an opposition to the registration of a mark. Briefly, the parties we involved in a civil action with respect to a mark: “The Rascals.” After a number […]
Read More
From our previous posts, it is clear that, the United States Patent and Trademark Office (USPTO) has been increasing investigations and disciplinary actions against those who work with foreign trademark associates. However, in today’s global economy, many clients demand global trademark and patent protection—so is it unethical for a U.S. Trademark Attorney to work with […]
Read More
Congratulations on passing the patent bar! While this is a significant achievement, the journey to becoming a registered patent agent or attorney isn’t quite over. The Office of Enrollment and Discipline (OED) plays a crucial role in ensuring that only individuals of good moral character are admitted to the patent bar. The OED evaluates applicants’ […]
Read More
On January 2, 2024, the United States Patent and Trademark Office (USPTO) introduced the “Design Patent Bar,” which was an expansion designed to encourage diversity. As USPTO Director Kathi Vidal stated in the months leading up to the new offering, the design patent bar was one of the ways she was working to ensure “everybody […]
Read More
We share a special bond with dogs that has evolved over thousands of years. But it has only been in the last few years, particularly since the pandemic, since these loyal canine companions have evolved from being more than just house pets. Our hounds have nudged, wagged, sniffed, snuggled, and loved their way into our […]
Read More