USPTO Director Reverses ALJ In Disciplinary Case, Rules In Favor Of Attorney

Michael E. McCabe, Jr.Patent Ethics, USPTO Director Decisions, USPTO OEDLeave a Comment

On August 5, 2016, the USPTO Director issued a Final Order reversing an administrative law judge’s initial decision, which had suspended a practitioner for 18 months. The Final Order held the OED Director violated USPTO precedent and mandatory rules regarding reciprocal discipline—37 C.F.R. § 11.24.  The Final Order is significant because it not only confirms the mandatory nature of reciprocal discipline, … Read More

District Court Holds USPTO’s Reciprocal Discipline Rule Requires Agency To Impose “Identical” Sanction As State Bar

Michael E. McCabe, Jr.Patent Ethics, Reciprocal Discipline2 Comments

USPTO practitioners take heed — if you are publicly disciplined on ethical grounds by a State Bar, the USPTO must impose the identical disciplinary sanction as the State Bar.  Moreover, Section 11.24 provides practitioners notice regarding the procedure to be followed if a practitioner is disciplined on ethical grounds by another jurisdiction.  Those are the key takeaways from a recent case … Read More