Narrow Scope of “Patent Agent Privilege” Creates Ethical Traps for the Unwary

Michael E. McCabe, Jr.IP Ethics, Office of Enrollment and Discipline, Patent Agent, Patent Ethics, Unauthorized Practice of Law0 Comments

The Federal Circuit’s 2-1 decision yesterday in In re Queen’s University at Kingston resolved a split in the district courts over whether a “patent agent”-client privilege exists independent from the attorney-client privilege. The majority held it does. While the court’s holding provides clarification in this case of first impression, patent agents, their law firm employers, and their clients should not … Read More

Allowing Someone Else To Type In Your S-Signature On USPTO Documents Is Unethical

Michael E. McCabe, Jr.IP Ethics, Office of Enrollment and Discipline, Patent Attorney Disciplinary Matters, USPTO OED4 Comments

I still remember vividly today the very first time I signed a paper, as an attorney at law, for filing in court.  It was 22 years ago.  I remember being nervous. I practiced my signature on a scratch pad, wanting to get it just right, before finally putting ball point to paper.  The paper was of heavy bond, the way papers filed in court … Read More