OED

Avoiding USPTO Discipline: Five Recommendations for IP Practitioners

The USPTO’s Office of Enrollment and Discipline (OED) exists, in large part, to ensure that patent and trademark practitioner are practicing ethically and in accordance with the Office’s Rules of Professional Conduct.  The OED’s staff includes a dozen attorneys, many of whom have practical experience in the area of IP law.  Whether you have been …

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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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You Just Received An OED Bar Grievance. Now What?

The only time a patent attorney or agent ever wants to hear from the USPTO’s Office of Enrollment and Discipline is when they are admitted to the Patent Bar and issued a registration number. Other than that, no news is good news. So if an envelope arrives from the OED (certified mail, return receipt requested), …

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USPTO Disbars Siemens’ Outside Patent Atty For $2.5M Billing Fraud

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 …

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PTAB Awards Attorneys’ Fees As Sanction For Protective Order Violation

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 …

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TM Lawyer’s Attack on Constitutionality of OED Investigation Dismissed–For Now

A federal district judge has dismissed a trademark lawyer’s complaint alleging that the USPTO’s Office of Enrollment and Discipline’s (“OED’s) investigation of him violated his rights under the Fourth and Fifth Amendments of the U.S. Constitution.  The Court held that dismissal of his federal complaint was appropriate because the matters raised in the complaint are …

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