Caveat IP Lawyer – Beware The Office of Enrollment and Discipline Violating The USPTO’s Reciprocal Discipline Rules

Michael E. McCabe, Jr.OED, Office of Enrollment and Discipline, PTO Ethics Decisions, Reciprocal Discipline0 Comments

At first glance, the USPTO’s most recently published disciplinary decision seems relatively bland and altogether innocuous. The case of In re Juliet M. Oberding, Proceeding No. D2016-06 (USPTO Dir. Feb. 12, 2016) involves a California-based trademark attorney who told a client on several occasions, over the course of roughly 18 months, that the client’s trademark application was being processed by … Read More

Bar Counsel Imposes Discipline For “Personal” Misconduct & Legal But Unethical Behavior

Michael E. McCabe, Jr.Patent Ethics, PTO Ethics Decisions, PTO Ethics Rules, USPTO Director Decisions, USPTO OED0 Comments

Many members of the public, and some attorneys themselves, believe that if they do not lie, they do not steal, and they do not cheat, then their conduct necessarily complies with the Rules of Professional Conduct.  This is a false assumption.  Others believe that an attorney’s “transgressions” in her personal life will not affect her ability to practice law.  This … Read More

State Bar Discipline Can Be Hazardous To IP Attorneys’ Right To Practice Before The USPTO (Part 2 of 2)

Michael E. McCabe, Jr.IP Ethics, Reciprocal Discipline, USPTO Director Decisions0 Comments

This is the second of a two-part series on reciprocal discipline in the USPTO.  To read the first part click here. Once the notice requirements set forth in Sections 11.24(a) and (b) have been satisfied, Section 11.24(d) dictates the manner in which the disciplinary hearing shall proceed. In accordance with Section 11.24(d), “the USPTO Director shall hear the matter . . … Read More