“What we’ve got here is failure to communicate.” Cool Hand Luke A law school professor once told me the easiest question to grade on an exam is the one where the student fails to provide any answer at all. So too is the case for the IP practitioner who chooses to ignore a USPTO ethics […]
The Danger Of Failing To Cooperate In A USPTO Ethics Investigation Read More »
I have lived and worked in the Washington, D.C. metro area my entire adult life. Washington is notorious for its traffic. The math for my office commute is simple. Ten hours per week. 500 hours per year. For 30 years. That’s 15,000 hours–or 1.71 years of my life–just going to and from the office. I
Is Working From Home Unethical? Telecommuting And Unauthorized Practice Of Law Read More »
Each year, a number of patent and trademark practitioners agree to exclusion from the USPTO rather than face an OED ethics investigation or USPTO disciplinary action. While not always the case, such consent exclusions usually involve very serious–and often criminal–practitioner misconduct. One such matter is the case of former patent attorney David N. Caracappa. See In
USPTO Disbars Siemens’ Outside Patent Atty For $2.5M Billing Fraud Read More »
Dear Readers, Two years ago, I started IPethics & INsights as a forum for discussing my passion and interest in ethical issues for the intellectual property practitioner. I am very pleased to announce that IPethics & INsights has been nominated for inclusion in The Expert Institute’s “Best Legal Blog” contest in the category of niche and
Vote For IPethics & INsights Read More »
George Foreman pitches their services on late night television commercials. A Google search for “how to sell my invention” turns up scores of them. Many individual inventors believe they have designed the next “better mouse trap” but typically have no clue how to monetize or market their invention. That is where invention marketing or promotion
OED Cracks Down On Patent Practitioners Working With Invention Promoters Read More »
Many IP practitioners are misinformed about the function of the USPTO’s Office of Enrollment and Discipline (OED). Here are the top 5 myths about OED ethics investigations and attorney discipline at the USPTO. Myth #1 – The OED Only Cares About Practice Before the USPTO There is a perception that the USPTO only cares about
5 Myths About USPTO Ethics Investigations and Disciplinary Complaints Read More »
On August 5, 2016, the USPTO Director issued a Final Order reversing an administrative law judge’s initial decision, which had suspended a practitioner for 18 months. The Final Order held the OED Director violated USPTO precedent and mandatory rules regarding reciprocal discipline—37 C.F.R. § 11.24. The Final Order is significant because it not only confirms the
USPTO Director Reverses ALJ In Disciplinary Case, Rules In Favor Of Attorney Read More »
On July 1, 2016, the Patent Trial and Appeal Board in RPX Corp. v. Applications in Internet Time LLC, IPR2015-01750, 01751 & 01752, ordered patent owner Applications in Internet Time (AIT) to pay petitioner RPX Corp. $13,500 in attorney’s fees as a sanction for violating the Board’s protective order. The Board found sanctions were warranted
PTAB Awards Attorneys’ Fees As Sanction For Protective Order Violation Read More »
