IP Ethics

Get Out Of Town: The Ethical Perils Of Outsourcing IP Services

Many IP lawyers engage other lawyers or nonlawyers as independent contractors, directly or through intermediaries, to provide various legal and nonlegal support services. The outsourcing market, often referred to as the “legal process outsourcing” market or “professional employer organization” market, is a multi-billion dollar industry. While there is nothing per se unethical about a lawyer outsourcing […]

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USPTO Reciprocally Excludes Patent Lawyer Based On State Court Disbarment

 On July 15, 2015, the USPTO Director entered an order excluding Richard Polidi from practice before the Office.  The USPTO Director’s disciplinary action came after the Director of the Office of Enrollment and Discipline (OED) filed a complaint for reciprocal discipline predicated on Mr. Polidi’s disbarment from State Bar of North Carolina. Based on public documents filed

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

  “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)

“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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Allowing Someone Else To Type In Your S-Signature On USPTO Documents Is Unethical

I still remember vividly today the very first time I signed a paper, as an attorney at law, for filing in court.  It was 22 years ago.  I remember being nervous. I practiced my signature on a scratch pad, wanting to get it just right, before finally putting ball point to paper.  The paper was of heavy bond,

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The Ethical Risks of Paraprofessionals Providing IP Legal Services (Part 2 of 2)

In this part, we continue to address some of the ethical risks involving delegation of intellectual property legal services to non-lawyer paraprofessionals. Ethical Responsibilities of Practitioners Regarding Paraprofessionals The USPTO ethics rules state the responsibilities of practitioners over non-practitioners as follows: First, a practitioner who is a partner, and a practitioner who individually or together with

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The Ethical Risks of Paraprofessionals Providing IP Legal Services (Part 1 of 2)

“Individual commitment to a group effort–that is what makes a team work, a company work, a society work, a civilization work.” –Vince Lombardi Every successful IP lawyer, whether a solo practitioner or a senior partner in a mega-firm, has one thing in common: a great support team of secretaries, legal assistants, technical advisors, and paralegals.

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“Rising Star” Falls For Suspended Trademark Attorney

By all accounts, Jeremy Blackowicz is a fine trademark attorney with a long and bright future ahead. According to a recent version of his law firm’s website, Mr. Blackowicz was an associate in the Boston, Massachusetts intellectual property department of Day Pitney, LLP.  According to the firm’s website, Mr. Blackowicz, a 2001 graduate of Boston University

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