The USPTO has ordered a registered patent agent who allowed a patent application to go abandoned, failed to communicate with his client, and failed to cooperate with the Office of Enrollment and Discipline’s ethics investigation to serve a six-month license suspension and one-year probation. This case presents a cautionary tale for IP practitioners and teaches […]
What does the Chinese government’s decision to pay its citizens to apply for and register trademarks with the USPTO have to do with IP attorney ethics? Plenty, as it turns out. As recently reported by the American Bar Association, see article doctored-trademark-specimen, the USPTO is experiencing “a plague of fake, doctored and digitally altered specimens”
OED Investigates TM Attys Who File Altered Or Fake Specimens: The China Syndrome Read More »
This post is the last of a three-part series reviewing how the USPTO interprets and applies its ethics rules to IP practitioners who represent patent and trademark clients through non-practitioner intermediaries. Where Are We Now: Evolution of PTO Ethics Opinions Thirty years ago, the PTO issued (in 1987 and 1988) ethics opinions regarding very discrete
Breadth Of PTO Ethics Opinion Could Alter How IP Firms Interact With Foreign Associates Read More »
This post is the second in a three-part series reviewing how the USPTO interprets and applies its ethics rules to U.S. patent and trademark practitioners who represent clients by working through non-practitioner client intermediaries. In re Mikhailova and USPTO’s Expanded Ethics Guidance Three decades after the OG Notices, the USPTO published a final order in
Better Late Than Never: PTO Updates, Expands Ethics Advice On Client Intermediaries Read More »
It is commonplace for IP law firms in the United States to receive referrals for patent and trademark application filing, prosecution, and related services from sources other than the actual client. In one of the most common scenarios, patent and trademark services are directed to a U.S. IP law firm through an intermediary, such as
Are Your Firm’s Foreign Associate Practices Ethical? Read More »
Working with invention promotion or marketing companies can be hazardous to your law license. That is the clear message coming from the USPTO’s Office of Enrollment and Discipline, which is in charge of policing and enforcing the Rules of Professional Conduct governing patent attorneys, patent agents, and others who practice before the Office. The
Top Seven Ethics Risks When Patent Practitioners Work With Invention Marketing Companies Read More »
At the risk of sounding like a broken record, since it is the New Year I thought it would be helpful to remind you all, again, of what is in my opinion the First Commandment of Ethics: Thou Shalt Communicate With Thy Clients. Seriously. Clients do not like to be ignored by their attorneys. This
Failure To Communicate No. 1 Cause Of USPTO Attorney Discipline Read More »
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
OED Cracks Down On Patent Practitioners Working With Invention Promoters Read More »
