An ethics blog for IP attorneys
The 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 MoreOED Announces Delay of Practitioner CLE Certification & Biennial Registration
On December 16, 2021, the USPTO will officially announce a delay in the implementation of the voluntary CLE certification program for registered practitioners, and those granted limited recognition. This follows a delay in the biennial registration statement, which will be implemented on November 1, 2024. As these two submissions would work in concert, we understand […]
Read MoreYou 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 […]
Read MoreFollowing a recent report issued by the Department of Commerce, Office of Inspector General, as well as a plethora of recent disciplinary actions published by the USPTO’s Office of Enrollment and Discipline, many practitioners have done a retrospective analysis of their trademark practices with clients and agencies in China. But is it time to give […]
Read MoreLast week, we provided commentary regarding a scathing report issued by the Inspector General of the Department of Commerce (“OIG”). Since that time, the USPTO published a blog post, penned by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director, and David Gooder, Commissioner for Trademarks. […]
Read MoreOn August 11, 2021, the Inspector General of the Department of Commerce (“OIG”), which oversees the USPTO, issued a scathing report on the state of the USPTO’s control over the integrity of the Trademark Register. The report discussed a number of areas of concern, including the enforcement of the U.S. Counsel rule, as well as […]
Read MoreOne of the most common questions we receive from practitioners relates to response periods. As a threshold matter, the OED operates under a strict one-year statute of limitations. As such, there is a clear reason for why a staff attorney is often reticent to provide an extension of time to respond to OED’s correspondence. However, […]
Read MoreOn June 10, 2021, the USPTO’s Office of Enrollment and Discipline will announce its intention to delay by two years its previously-published requirement for biennial mandatory “registration statements” from all registered patent attorneys and agents. The USPTO’s announcement has no impact on trademark attorneys. Last year, the USPTO published a final rule stating that the […]
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