Lawyers no longer stay at one firm their entire career. Some may desire to leave a firm to join another firm, while other may choose to transition to a role in government, in-house, non-profit, or even retire. What is extremely clear under the ethics rules is that lawyers have a right to leave, and the […]
When I tell my law students about their future fiduciary duties to clients, I sum them up as loyalty and confidentiality, but that is not the whole story. This is because lawyers have other enumerated duties to clients, courts, and the profession as a whole. However, patent attorneys have another duty that could be correlated
Co-Authored by Aditi Kulkarni and Emil J. Ali On April 26, 2022, The United States District Court for the Eastern District Court of Virginia dismissed a former patent examiner’s complaint and petition for review of the USPTO’s decision denying an application for registration to practice as a registered patent agent in a reasoned decision. The
The Pape Malick Indiss Djiba case is a fresh reminder to unsuspecting lawyers of the expanding jurisdiction of OED, including the ability of them to engage in reciprocal discipline, and the requirement for practitioners to self-report the imposition of discipline in other jurisdictions. According to public advertisements, Mr. Djiba is a Texas attorney with
Why Did A Business And Personal Injury Lawyer Get Reprimanded By OED? Read More »
For many years, I have had countless communications with patent and trademark lawyers regarding expanding their law firms through partnering with non-lawyers. This might include working with patent agents, as well as venture capital firms. Each of these, though have their own considerations, and are briefly discussed below. These inquiries for ethics advice have only
Non-Lawyer Ownership Of IP Firms: What Practitioners Need To Know Read More »
On December 16, 2021, the USPTO will officially announce a delay in the implementation of the voluntary CLE certification program for registered practitioners, and those granted limited recognition. This follows a delay in the biennial registration statement, which will be implemented on November 1, 2024. As these two submissions would work in concert, we understand
OED Announces Delay of Practitioner CLE Certification & Biennial Registration Read More »
You have passed the patent bar after months of hard work and studying the Manual of Patent Examining Procedure. “[H]owever, you are not being registered at this time…” The letter goes on to explain that, because of your answers on the PTO FORM-158 (Application for Registration), the Director of the Office of Enrollment and Discipline
Everything You Need to Know About Moral Character for the Patent Bar Read More »
Following a recent report issued by the Department of Commerce, Office of Inspector General, as well as a plethora of recent disciplinary actions published by the USPTO’s Office of Enrollment and Discipline, many practitioners have done a retrospective analysis of their trademark practices with clients and agencies in China. But is it time to give
Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope? Read More »
