USPTO OED

The Danger Of Failing To Cooperate In A USPTO Ethics Investigation

“What we’ve got here is failure to communicate.”  Cool Hand Luke A law school professor once told me the easiest question to grade on an exam is the one where the student fails to provide any answer at all.  So too is the case for the IP practitioner who chooses to ignore a USPTO ethics …

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A Bottle of White? A Bottle of Red? Perhaps a One-Year Suspension Instead

Attorney Rodger Moore enjoys a good bottle of wine.  Evidently, his budget does not. After scamming his local grocery store for years by switching prices on expensive wines for a cheaper variety, Mr. Moore is now paying a hefty price–with his law license. Mr. Moore became licensed to practice law in 2001.  His ethics problems …

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OED Cracks Down On Patent Practitioners Working With Invention Promoters

George Foreman pitches their services on late night television commercials.  A Google search for “how to sell my invention” turns up scores of them. Many individual inventors believe they have designed the next “better mouse trap” but typically have no clue how to monetize or market their invention. That is where invention marketing or promotion …

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ABA’s “Tips For Practicing Law” Provides Valuable Ethics Guidance For USPTO Practitioners

“Mr. Corleone is a man who insists on hearing bad news at once.” – Tom Hagen, The Godfather In the Summer 2016 issue of Litigation, Steven A. Weiss, Chair of the ABA’s Section of Litigation, authored an article entitled, “Eight More Tips For Practicing Law.”  Although the article focuses on a number of best practices …

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5 Myths About USPTO Ethics Investigations and Disciplinary Complaints

Many IP practitioners are misinformed about the function of the USPTO’s Office of Enrollment and Discipline (OED). Here are the top 5 myths about OED ethics investigations and attorney discipline at the USPTO. Myth #1 – The OED Only Cares About Practice Before the USPTO There is a perception that the USPTO only cares about …

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USPTO Director Reverses ALJ In Disciplinary Case, Rules In Favor Of Attorney

On August 5, 2016, the USPTO Director issued a Final Order reversing an administrative law judge’s initial decision, which had suspended a practitioner for 18 months. The Final Order held the OED Director violated USPTO precedent and mandatory rules regarding reciprocal discipline—37 C.F.R. § 11.24.  The Final Order is significant because it not only confirms the …

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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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PTAB And District Court Litigators Risk USPTO Ethical Discipline For Protective Order Violations

In patent litigation, one of the first orders of business is entry of a protective order protecting the participant’s confidential information. While protective orders come in all shapes and sizes, such orders uniformly prohibit a receiving party from disclosing a producing party’s confidential information except to a limited universe of defined individuals. In addition, a …

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