USPTO OED

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

IP Ethics, OED, Office of Enrollment and Discipline, USPTO Ethics Investigation, USPTO OED /

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

Patent Ethics, PTAB Discipline, PTO Ethics Decisions, USPTO OED /

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

Office of Enrollment and Discipline, Patent Ethics, USPTO OED /

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

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

OED, Office of Enrollment and Discipline, USPTO Ethics Investigation, USPTO OED /

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

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USPTO Suspends Attorney For Six Months For Derogatory Patent Filings

Civility/Professionalism, Patent Ethics, Suspension, USPTO OED /

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

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Bar Counsel Imposes Discipline For “Personal” Misconduct & Legal But Unethical Behavior

Patent Ethics, PTO Ethics Decisions, PTO Ethics Rules, USPTO Director Decisions, USPTO OED /

Many members of the public, and some attorneys themselves, believe that if they do not lie, they do not steal, and they do not cheat, then their conduct necessarily complies with the Rules of Professional Conduct.  This is a false assumption.  Others believe that an attorney’s “transgressions” in her personal life will not affect her

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OED Discipline For IP Practitioners Who Use “Snitch” Threats For Tactical Gain

ABA Model Rules of Professional Conduct, Duty to Report Misconduct, IP Ethics, OED, Office of Enrollment and Discipline, PTO Ethics Rules, USPTO OED /

  “You’re building a rat ship here. A vessel for seagoing snitches” – Al Pacino, Scent of a Woman You represent a patentee in a highly contentious litigation against an accused infringer.  The parties hate each other, and the gloves came off months ago–if they were ever on in the first place. Then extraordinarily you

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OED Asserts Allowing Someone Else To Type In Your S-Signature On USPTO Documents Is Unethical

IP Ethics, Office of Enrollment and Discipline, Patent Attorney Disciplinary Matters, USPTO OED /

A lawyer’s signature on a document filed in the USPTO represents that, to the best of the signor’s knowledge, formed after a reasonable inquiry,  the paper is not being presented for an improper purpose; the claims and other legal contentions are warranted by law; the allegations of fact have evidentiary support; and the denials of

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