This article appeared in Law360 on September 23, 2020. (Subscription Required) The rules of ethics adopted by each state are often said to be based upon or modeled after the American Bar Association’s Model Rules of Professional Conduct. While the ABA model rules provide a template for states to consider when adopting their own ethics […]
Balancing Newly Divergent State, USPTO Ethics Rules Read More »
Whether you practice in trademark or patent law, you generally want to avoid receiving communication from the Office of Enrollment and Discipline (OED). But what happens when they send you a certified letter that includes a Request for Information and Evidence Under 37 CFR 11.22(a) (RFI)? Understanding one of OED’s core missions, investigating allegations of
What To Do When You Receive An OED Grievance. Read More »
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
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
New IP Ethics CLE: A Look at the USPTO’s Focus on Declarations Read More »
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.
Attorneys’ Ethical Duties When Representing Clients With Diminished Capacity Read More »
OED Warns Patent Agents: Stay In Your Lane
OED Warns Patent Agents: Stay In Your Lane Read More »
by Charles Lundberg, Esq. Reprinted with permission. Published March 30, 2020 in Minnesota Lawyer. In a span of less than two weeks, the coronavirus outbreak has caused unprecedented disruption in law firms and created a host of new issues for firm general counsel and ethics partners. Here is a sampling of new ethics and risk
Quandries and Quagmires: Legal Ethics, Risk Management in Pandemic Read More »
Inequitable conduct is supposed to be personal to each individual who owes a duty of disclosure to the USPTO. Thus, just because an inventor may have knowingly and intentionally lied to the USPTO does not mean that prosecution counsel did so as well. Indeed, most prosecutors are in a position where they must rely upon
