Duty to Report Misconduct

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

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

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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OED Discipline For IP Practitioners Who Use “Snitch” Threats For Tactical Gain

Leave a Comment / ABA Model Rules of Professional Conduct, Duty to Report Misconduct, IP Ethics, OED, Office of Enrollment and Discipline, PTO Ethics Rules, USPTO OED / By

  “You’re building a rat ship here. A vessel for seagoing snitches” – Al Pacino, Scent of a Woman You represent a patentee in a highly contentious litigation against an accused infringer.  The parties hate each other, and the gloves came off months ago–if they were ever on in the first place. Then extraordinarily you …

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The “Rat Rule” And USPTO Discipline – Reporting Ethical Violations To OED (Part 1)

Leave a Comment / ABA Model Rules of Professional Conduct, Duty to Report Misconduct, IP Ethics, OED, Office of Enrollment and Discipline, PTO Ethics Rules / By

“Never rat out your friends. And always keep your mouth shut.” – Robert De Niro, GoodFellas I am of Sicilian ancestry, raised in an Italian household in an Italian neighborhood in Brooklyn.  Despite this upbringing, it was not until I was an adult when I first learned about the “Code of Silence” known as “omertà.” …

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