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 LawLeave a Comment

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