OED

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Navigating the Patent Bar: Understanding the OED’s Moral Character Evaluation

Congratulations on passing the patent bar! While this is a significant achievement, the journey to becoming a registered patent agent or attorney isn’t quite over. The Office of Enrollment and Discipline (OED) plays a crucial role in ensuring that only individuals of good moral character are admitted to the patent bar. The OED evaluates applicants’ […]

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The “U.S. Counsel Rule” Turns Five: Best Practices For Trademark Attorneys To Avoid USPTO Discipline

This week marks five years since the USPTO implemented its Requirement of U.S. Licensed Attorney for Trademark Applicants and Registrants.  Also known as the “U.S. Counsel Rule”,  the USPTO on August 2, 2019 amended its trademark rules of practice to require any non-U.S. domiciled trademark applicant, registrant, or party to a USPTO trademark proceeding to

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Ninth Circuit Holds Rule 45 Subpoena Geographic Limits Apply To Remote Testimony: Is This Doom And Gloom For Trial By Zoom?

In an appellate case of first impression on a novel procedural issue, the Ninth Circuit on July 27 in Kirkland v. USBC, Los Angeles, quashed trial subpoenas purporting to command individuals who resided and worked out-of-state and more than 100 miles from the courthouse to “appear” at a hearing by contemporaneous video transmission.  Addressing an

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Office of Enrollment and Discipline Offers Anonymous Ethics Hotline for PTO Practitioners

Who are you going to call if you have a question about whether your conduct as a patent or trademark attorney is ethical?   Many state bars offer “ethics hotlines” to aid their members in their understanding of, and compliance with, their obligations under applicable rules of professional conduct. Although the USPTO does not advertise a

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USPTO Building

What To Do When You Receive An OED Grievance.

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

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OED Launches Diversion Program As Alternative To Traditional Attorney Discipline

In a welcome response to the growing epidemic of drug and alcohol abuse among members of the legal profession, the Office of Enrollment and Discipline (OED) of the USPTO announced today it has initiated a new disciplinary diversion program that focuses on treatment rather than punishment.  The OED’s Diversion Program, which will initially begin as

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This Post Could Save Your Patent Law License

Some patent attorneys and agents are under the impression that once they have passed the Patent Bar exam and have earned a PTO registration number, they are essentially registered for life, with no further action required on their part.  If you are one of those people, then you should read on. One of the jobs

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