USPTO OED

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 …

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

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 …

5 Myths About USPTO Ethics Investigations and Disciplinary Complaints Read More »

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 …

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

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 …

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

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 …

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

Mission Impassable: Moral Character Can Block Applicants From USPTO Bar Membership

The Wolf: “Just because you are a character doesn’t mean that you have character.” – Pulp Fiction So you say you want to become registered to practice before the USPTO? You possess all the requisite technical skills. You did well in law school. You recently passed the Patent Bar Exam with flying colors. Congratulations. So …

Mission Impassable: Moral Character Can Block Applicants From USPTO Bar Membership Read More »

IP Attorney Challenging Constitutionality Of USPTO OED’s “Abusive” Ethics Investigation

An IP attorney has filed a lawsuit against the United States Patent and Trademark Office seeking to prohibit the Agency’s Office of Enrollment and Discipline (OED) from continuing to investigate him for alleged ethics violations because the process employed in conducting the ethics investigation is abusive and violates due process. The complaint, which was filed …

IP Attorney Challenging Constitutionality Of USPTO OED’s “Abusive” Ethics Investigation Read More »

USPTO Suspends Attorney For Six Months For Derogatory Patent Filings

This week at “Back to School Night,” I read with great interest some words of wisdom posted on the wall as part of a set of class “Rules.” The children agreed to three general principles of self-governance: Be nice to others. Don’t use bad words. Be respectful. Lawyers also have their own rules of self-governance, codified …

USPTO Suspends Attorney For Six Months For Derogatory Patent Filings Read More »

Scroll to Top