“A man’s got to know his limitations” – Clint Eastwood, Magnum Force (1973) The USPTO’s Office of Enrollment and Discipline has become increasingly active in the last several years, particularly in investigating business or general practice attorneys who dabble in trademark law. Many have learned the hard way–through an ethics inquiry and possible disciplinary decisions–regarding […]
A court rules a patent attorney engaged in inequitable conduct. A client sues its trademark attorney for malpractice. A state bar files ethics charges against a patent practitioner. The police arrest a patent agent for domestic violence. A litigator is sanctioned by the PTAB under Rule 11.18 for making a frivolous argument. These are situations
Speak No Evil: When Must You Self-Report Your Misconduct To The USPTO Read More »
On Monday, June 1, 2020, I will be moderating an ethics webinar panel discussion on behalf of the ABA’s Intellectual Property Law Section (for which I serve as Chair of the Ethics and Professional Responsibility Committee). The webinar is entitled “A Look at the USPTO’s Focus on Declarations” and will focus on ethics issues relating
New IP Ethics CLE: A Look at the USPTO’s Focus on Declarations Read More »
While in college, Joe Varsity is arrested for public intoxication. Joe pleads no contest, and the charge is dismissed after he completes an alcohol education class. Joe’s conviction is later expunged (or erased). Under the laws where Joe’s arrest occurred, “any person who shall have been the subject of such an erasure shall be deemed
USPTO Requires Patent Bar Applicants To Disclose Expunged Or Diverted Criminal Records Read More »
Money can buy many things. When a lawyer and client have a dispute, such as a client’s claim for legal malpractice, money often can buy “peace.” And when clients and their lawyers settle such a dispute, it is common for the parties to agree by contract to dismiss—or refrain from filing—a civil complaint. But a
PTO Excludes Patent Attorney Who Paid Client To Deep-Six Ethics Complaint Read More »
The statistics of reported cases of domestic violence are stunning. According to the National Coalition Against Domestic Violence (NCADV), 1 in 3 adult women and 1 in 4 adult men have been victims of some form of physical violence by an intimate partner. Moreover, 1 in 4 women have been victims of “severe physical violence by
Some patent attorneys and agents are under the impression that once they have passed the Patent Bar exam and have earned a PTO registration number, they are essentially registered for life, with no further action required on their part. If you are one of those people, then you should read on. One of the jobs
This Post Could Save Your Patent Law License Read More »
A former female colleague asked me once why nearly all of my clients are men. Frankly, I had never given the matter any thought. It took me awhile even to accept my colleague’s conclusion that nearly all of my clients were, in fact, of the male variety. So I pulled out my list of clients
Is Mommy More Ethical Than Daddy? Read More »
