An ethics blog for IP attorneys
FAQs For IP Practitioners Who Receive A Request For Information and Evidence Under 37 CFR 11.22(f) From USPTO/OED
I am frequently contacted by patent and trademark practitioners who have been served with a “Request for Information and Evidence Under 37 C.F.R. 11.22(f)” from the Director of the Office of Enrollment and Discipline (OED) of the U.S. Patent and Trademark Office (PTO). In Fiscal Year 2018, the OED Director issued over 100 such “Requests” […]
OED Investigates TM Attys Who File Altered Or Fake Specimens: The China Syndrome
What does the Chinese government’s decision to pay its citizens to apply for and register trademarks with the USPTO have to do with IP attorney ethics? Plenty, as it turns out. As recently reported by the American Bar Association, see article doctored-trademark-specimen, the USPTO is experiencing “a plague of fake, doctored and digitally altered specimens” […]
Ethical Considerations for Young Lawyers
Many situations arise in the work place where young lawyers find themselves facing real ethical dilemmas. For example, your supervisor has asked you to do something that you believe may violate the Rules of Professional Conduct. Or you become aware that another lawyer has engaged in conduct already that may be unethical. Or a close […]
Practitioner Beware: Outsourcing Patent Applications May Be Illegal
I am solicited on an almost daily basis by overseas organizations offering deeply-discounted patent application drafting services. It may very well be that such services, which typically originate from countries where there is an abundant supply of technically-skilled labor, can offer a competitive product at significant cost savings compared to fees charged by U.S. patent […]
Email To Bar Counsel To “Go F*#k Yourself!!!” Surefire Way To Attorney Discipline (Even In New Jersey)
Like voluntarily sticking one’s head into a lion’s den, communicating with Disciplinary Counsel can be a risky proposition. Whatever the reason for the communication, attorneys should be mindful not only about what they are saying but how they are saying it. This is not a difficult concept for most to grasp, but the Bar expects […]
Putting Teeth Into The PTAB’s Sanctioning Powers: Is Mohawk A Sign Of Things To Come?
For federal court practitioners, sanctions have long existed as a deterrent to litigation misconduct and a weapon against gamesmanship. The federal rules of civil procedure provide a range of tools for litigators who believe their opponents are not abiding by their obligations: Rule 11 checks improper pleadings and other court filings; Rules 26, 30 and […]