Avoiding USPTO Discipline: Five Recommendations for IP Practitioners

Michael E. McCabe, Jr.Competence, Conflicts of Interest, IP Ethics, Malpractice, OED, Office of Enrollment and Discipline, Patent Malpractice, Patent Prosecution Malpractice, Patent Subject Matter Conflicts, USPTO Ethics Investigation, USPTO OED, USPTO Rules of Professional ConductLeave a Comment

The USPTO’s Office of Enrollment and Discipline (OED) exists, in large part, to ensure that patent and trademark practitioner are practicing ethically and in accordance with the Office’s Rules of Professional Conduct.  The OED’s staff includes a dozen attorneys, many of whom have practical experience in the area of IP law.  Whether you have been practicing law for many years … Read More

Patent Prosecution Malpractice: Minimizing the Risk of Claims

Michael E. McCabe, Jr.IP Malpractice, Legal Malpractice, Malpractice, Patent Malpractice, Patent Prosecution MalpracticeLeave a Comment

Malpractice in patent prosecution can be an expensive (very expensive) and time-consuming proposition. Defense costs alone can run well into the seven figures. No patent prosecutor or law firm wants to face that kind of exposure. On February 21, 2019, I will be presenting a 90-minute CLE webinar hosted by Strafford on best practices for minimizing the risks of being … Read More

Portus Drops Subject Matter Conflict Claim Against Kenyon; Alleges Firm’s Prosecution Malpractice Shortened Patent Term By 3+Years

Michael E. McCabe, Jr.Competence, IP Malpractice, Patent Prosecution MalpracticeLeave a Comment

For the past year, Portus Singapore Pte. Ltd. (“Portus”), a former client of the now-defunct Kenyon & Kenyon (“Kenyon”) law firm, has been trying to get a claim for legal malpractice to stick against its former IP counsel.   So far, Portus’ efforts have been unsuccessful.  On July 28, 2017, Portus took its third bite at the apple and filed another … Read More