Client Funds

What IP Lawyers Should Know About Professional Liability Insurance

Do I Need Coverage? I like to think of insurance as something you hope to never need, but the safety net in case you do.  None of us (hopefully) would drive an automobile without insurance, or worse, risk not having health insurance.  To that end, IP attorneys who provide advice to clients should ensure not […]

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Office of Enrollment and Discipline Offers Anonymous Ethics Hotline for PTO Practitioners

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

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USPTO Orders Six-Month Suspension For Patent Agent Who Lied To Client About Design App And Failed To Cooperate With OED

The 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

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OED 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

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Calendar

How to Calculate Time Limitations in OED Proceedings

One 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,

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USPTO Delays Patent Practitioner Registration Statements and CLE Certifications Until 2024

On 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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USPTO Confirms Agency “Practitioners” May Ethically Partner With Foreign Attorneys

On May 26, 2021, the USPTO clarified its position that U.S. “practitioners”—who, by definition, include only United States-barred attorneys and USPTO registered patent attorneys and agents—may form partnerships and co-own law firms with non-U.S. attorneys without violating the USPTO’s Rules of Professional Conduct.  The USPTO guidance was included in the agency’s Final Rulemaking, the purpose

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Supreme Court

Inequitable Conduct: The Accusation That Could Change Your Life

Patent practitioners are keenly aware that inequitable conduct allegations are commonplace in patent litigation.  A finding of inequitable conduct has numerous adverse consequences for patent owners, including the possible loss of patent rights, exposure to antitrust claims, and an award of an accused infringer’s attorneys’ fees.  Because the impact of an inequitable conduct finding is

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