Ethical Fee-Splitting for IP Practitioners & New ABA Guidance

Michael E. McCabe, Jr.Fee-Splitting0 Comments

Some IP practitioners are unaware of the ethical rules regulating the practice known as “fee-splitting.” In this context, “fee-splitting” refers to the situation where a first USPTO practitioner divides a portion of a client’s fee with a second practitioner who is from a different firm as the first. According to 37 C.F.R. Section 11.105(e), a division of fees between practitioners … Read More

OED Cracks Down On Patent Practitioners Working With Invention Promoters

Michael E. McCabe, Jr.Communications, Competence, Conflicts of Interest, Patent Ethics, PTO Ethics Decisions, PTO Ethics Rules, USPTO Ethics Investigation, USPTO OED1 Comment

George Foreman pitches their services on late night television commercials.  A Google search for “how to sell my invention” turns up scores of them. Many individual inventors believe they have designed the next “better mouse trap” but typically have no clue how to monetize or market their invention. That is where invention marketing or promotion companies step in. Generally speaking, … Read More

5 Myths About USPTO Ethics Investigations and Disciplinary Complaints

Michael E. McCabe, Jr.Patent Ethics, USPTO Ethics Investigation, USPTO OED0 Comments

Many IP practitioners are misinformed about the function of the USPTO’s Office of Enrollment and Discipline (OED). Here are the top 5 myths about OED ethics investigations and attorney discipline at the USPTO. Myth #1 – The OED Only Cares About Practice Before the USPTO There is a perception that the USPTO only cares about enforcing its ethics rules in … Read More