USPTO Ethics Investigation

Trademark Ethics: 5 Things That Might Keep You Up At Night

2 Comments / PTO Ethics Decisions, PTO Ethics Rules, Trademark ethics, USPTO Ethics Investigation, USPTO OED, USPTO Rules of Professional Conduct / By

Emil Ali has been keeping very busy representing trademark practitioners in USPTO ethics investigations and disciplinary proceedings.  Next Thursday, May 12, Emil will be sharing his insights into the perilous ethical landscape faced by trademark counsel, in a live online webinar.  Every trademark practitioner should watch and learn from the mistakes others have made!  This …

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USPTO Orders Six-Month Suspension For Patent Agent Who Lied To Client About Design App And Failed To Cooperate With OED

3 Comments / Communications, Diligence, Failure to Communicate, Office of Enrollment and Discipline, Patent Agent Ethics, Patent Ethics, Prejudicial to administration of justice, PTO Ethics Decisions, PTO Ethics Rules, RFI, Suspension, USPTO Ethics Investigation / By

The USPTO has ordered a registered patent agent who allowed a patent application to go abandoned, failed to communicate with his client, and failed to cooperate with the Office of Enrollment and Discipline’s ethics investigation to serve a six-month license suspension and one-year probation.  This case presents a cautionary tale for IP practitioners and teaches …

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Everything You Need to Know About Moral Character for the Patent Bar

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You have passed the patent bar after months of hard work and studying the Manual of Patent Examining Procedure.  “[H]owever, you are not being registered at this time…” The letter goes on to explain that, because of your answers on the PTO FORM-158 (Application for Registration), the Director of the Office of Enrollment and Discipline …

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New IP Ethics CLE: A Look at the USPTO’s Focus on Declarations

Leave a Comment / Ethics CLE, IP Ethics CLE, Patent Agent Ethics, Patent Ethics CLE, Trademark ethics, Unauthorized Practice of Law, USPTO Ethics Investigation, USPTO OED, USPTO Rules of Professional Conduct / By

On Monday, June 1, 2020, I will be moderating an ethics webinar panel discussion on behalf of the ABA’s Intellectual Property Law Section (for which I serve as Chair of the Ethics and Professional Responsibility Committee). The webinar is entitled “A Look at the USPTO’s Focus on Declarations” and will focus on ethics issues relating …

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Avoiding USPTO Discipline: Five Recommendations for IP Practitioners

Leave a Comment / Competence, Conflicts of Interest, IP Ethics, Malpractice, OED, Office of Enrollment and Discipline, Patent Malpractice, Patent Prosecution Malpractice, Patent Subject Matter Conflicts, USPTO Ethics Investigation, USPTO OED, USPTO Rules of Professional Conduct / By

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

Leave a Comment / Discipline Diversion, OED, Office of Enrollment and Discipline, USPTO Ethics Investigation, USPTO OED / By

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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Sue-And-Settle NPE Patent Litigation Tactics May Violate USPTO Ethics Rules

5 Comments / Litigation Ethics, Office of Enrollment and Discipline, Patent Ethics, Patent Litigation Ethics, USPTO Ethics Investigation / By

Non-practicing entities who engage in a pattern of filing numerous lawsuits without any intention of testing the merits, solely to extract low ball settlements, should take note that the USPTO’s Office of Enrollment and Discipline (OED) takes a keen interest in such conduct.  A recent “exceptional case” decision in a patent case from federal court …

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PTO Suspends PTAB Atty Who Filed Multiple TM Apps For Cannabis Client

Leave a Comment / Conflicts of Interest, Unauthorized Practice of Law, USPTO Director Decisions, USPTO Ethics Investigation / By

The USPTO has suspended a PTO-employed attorney for thirty (30) days for practicing trademark law before the Office for private clients, in violation of federal conflicts of interest laws.  See In re Tara K. Laux, Proc. No. D2016-39 (USPTO Dir. Mar. 9, 2017).  According to a settlement agreement reached with the OED Director, attorney Tara …

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