unauthorized practice of law

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

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, […]

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The Ethical Risks of Paraprofessionals Providing IP Legal Services (Part 2 of 2)

In this part, we continue to address some of the ethical risks involving delegation of intellectual property legal services to non-lawyer paraprofessionals. Ethical Responsibilities of Practitioners Regarding Paraprofessionals The USPTO ethics rules state the responsibilities of practitioners over non-practitioners as follows: First, a practitioner who is a partner, and a practitioner who individually or together with

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USPTO Suspends Patent Attorney For Neglect, UPL And Failure To Cooperate

On May 15, 2015, the USPTO Director issued an Order suspending Seattle, Washington-based patent and trademark attorney Nam D. Dao for six months for allowing multiple patent and trademark applications to go abandoned without client knowledge or consent, engaging in the unauthorized practice of law, and failing to cooperate with the Office of Enrollment and

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USPTO Suspends Ethically-Challenged Patent Attorney

On August 19, 2014, the USPTO Director issued a final order suspending a patent attorney for 20-months based on three separate suspensions issued by the Supreme Court of California. The USPTO added an additional six-month period to the suspension—for a total suspension of 26 months—based on the attorney’s failure to cooperate with the OED’s disciplinary

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USPTO Suspends Patent Attorney After State Discipline For UPL And Drug Conviction

The USPTO suspended a patent attorney for six months from practicing before the Office following the attorney’s six-month suspension from the Commonwealth of Massachusetts bar. See In re Ramos, No. D2014-09. Timothy A. Ramos’ legal troubles began in 2009 as a result of his work for the Ramos Law Group, Inc., in Ohio. During an

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