An ethics blog for IP attorneys
Who are you going to call if you have a question about whether your conduct as a patent or trademark attorney is ethical? Many state bars offer “ethics hotlines” to aid their members in their understanding of, and compliance with, their obligations under applicable rules of professional conduct. Although the USPTO does not advertise a […]
Read MoreWhen I tell my law students about their future fiduciary duties to clients, I sum them up as loyalty and confidentiality, but that is not the whole story. This is because lawyers have other enumerated duties to clients, courts, and the profession as a whole. However, patent attorneys have another duty that could be correlated […]
Read More“A man’s got to know his limitations” – Clint Eastwood, Magnum Force (1973) The USPTO’s Office of Enrollment and Discipline has become increasingly active in the last several years, particularly in investigating business or general practice attorneys who dabble in trademark law. Many have learned the hard way–through an ethics inquiry and possible disciplinary decisions–regarding […]
Read MoreCo-Authored by Aditi Kulkarni and Emil J. Ali On April 26, 2022, The United States District Court for the Eastern District Court of Virginia dismissed a former patent examiner’s complaint and petition for review of the USPTO’s decision denying an application for registration to practice as a registered patent agent in a reasoned decision. The […]
Read MoreA court rules a patent attorney engaged in inequitable conduct. A client sues its trademark attorney for malpractice. A state bar files ethics charges against a patent practitioner. The police arrest a patent agent for domestic violence. A litigator is sanctioned by the PTAB under Rule 11.18 for making a frivolous argument. These are situations […]
Read MoreEmil 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 […]
Read MoreThe 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 […]
Read MoreThe Pape Malick Indiss Djiba case is a fresh reminder to unsuspecting lawyers of the expanding jurisdiction of OED, including the ability of them to engage in reciprocal discipline, and the requirement for practitioners to self-report the imposition of discipline in other jurisdictions. According to public advertisements, Mr. Djiba is a Texas attorney with […]
Read More