Michael E. McCabe, Jr.

Speak No Evil: When Must You Self-Report Your Misconduct To The USPTO

Reciprocal Discipline, Duty to Report Misconduct, Inequitable Conduct, Legal Malpractice, Office of Enrollment and Discipline /

A court rules a patent attorney engaged in inequitable conduct. A client sues its trademark attorney for malpractice. A state bar files ethics charges against a patent practitioner. The police arrest a patent agent for domestic violence. A litigator is sanctioned by the PTAB under Rule 11.18 for making a frivolous argument. These are situations […]

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Trademark Ethics: 5 Things That Might Keep You Up At Night

PTO Ethics Decisions, PTO Ethics Rules, Trademark ethics, USPTO Ethics Investigation, USPTO OED, USPTO Rules of Professional Conduct /

Emil Ali has been keeping very busy representing trademark practitioners in USPTO ethics investigations and disciplinary proceedings.  Next Thursday, May 12, Emil will be sharing his insights into the perilous ethical landscape faced by trademark counsel, in a live online webinar.  Every trademark practitioner should watch and learn from the mistakes others have made!  This

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USPTO Orders Six-Month Suspension For Patent Agent Who Lied To Client About Design App And Failed To Cooperate With OED

Communications, Diligence, Failure to Communicate, Office of Enrollment and Discipline, Patent Agent Ethics, Patent Ethics, Prejudicial to administration of justice, PTO Ethics Decisions, PTO Ethics Rules, RFI, Suspension, USPTO Ethics Investigation /

The USPTO has ordered a registered patent agent who allowed a patent application to go abandoned, failed to communicate with his client, and failed to cooperate with the Office of Enrollment and Discipline’s ethics investigation to serve a six-month license suspension and one-year probation.  This case presents a cautionary tale for IP practitioners and teaches

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USPTO Confirms Agency “Practitioners” May Ethically Partner With Foreign Attorneys

IP Ethics, Multijurisdictional Practice, Patent Ethics /

On May 26, 2021, the USPTO clarified its position that U.S. “practitioners”—who, by definition, include only United States-barred attorneys and USPTO registered patent attorneys and agents—may form partnerships and co-own law firms with non-U.S. attorneys without violating the USPTO’s Rules of Professional Conduct.  The USPTO guidance was included in the agency’s Final Rulemaking, the purpose

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Reducing Stress and Avoiding Mistakes in the Post-COVID-19 Era: A Must Attend Webinar for All Attorneys and Law Students

Attorney Mental Health, Attorney Wellness, Attorneys and Addiction, COVID-19 /

The Covid-19 pandemic and very recent societal upheaval have caused unprecedented times of stress and fear throughout all ranks of the legal profession. These difficult times have especially hit hard those who are in law school and are in the earliest phases of their professional careers. On June 18, 2020, at 1:00 pm ET, a

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New IP Ethics CLE: A Look at the USPTO’s Focus on Declarations

Ethics CLE, IP Ethics CLE, Patent Agent Ethics, Patent Ethics CLE, Trademark ethics, Unauthorized Practice of Law, USPTO Ethics Investigation, USPTO OED, USPTO Rules of Professional Conduct /

On Monday, June 1, 2020, I will be moderating an ethics webinar panel discussion on behalf of the ABA’s Intellectual Property Law Section (for which I serve as Chair of the Ethics and Professional Responsibility Committee). The webinar is entitled “A Look at the USPTO’s Focus on Declarations” and will focus on ethics issues relating

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Attorneys’ Ethical Duties When Representing Clients With Diminished Capacity

Attorney Mental Health, Attorney Wellness, Attorneys and Addiction, Legal Ethics, Legal Malpractice, Litigation Ethics, Malpractice /

These days, it’s good to be a trusts and estates lawyer. While the rest of legal field is scrambling to figure out how to survive the next few weeks and months with little new business coming in and much existing business on hold, attorneys who represent the elderly and infirm report a boom in business.

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