In a welcome response to the growing epidemic of drug and alcohol abuse among members of the legal profession, the Office of Enrollment and Discipline (OED) of the USPTO announced today it has initiated a new disciplinary diversion program that focuses on treatment rather than punishment. The OED’s Diversion Program, which will initially begin as a two-year “pilot program,” aligns … Read More
Sue-And-Settle NPE Patent Litigation Tactics May Violate USPTO Ethics Rules
Non-practicing entities who engage in a pattern of filing numerous lawsuits without any intention of testing the merits, solely to extract low ball settlements, should take note that the USPTO’s Office of Enrollment and Discipline (OED) takes a keen interest in such conduct. A recent “exceptional case” decision in a patent case from federal court in California should give pause … Read More
PTO Suspends PTAB Atty Who Filed Multiple TM Apps For Cannabis Client
The USPTO has suspended a PTO-employed attorney for thirty (30) days for practicing trademark law before the Office for private clients, in violation of federal conflicts of interest laws. See In re Tara K. Laux, Proc. No. D2016-39 (USPTO Dir. Mar. 9, 2017). According to a settlement agreement reached with the OED Director, attorney Tara Laux, who has worked at … Read More
2016 USPTO Disciplinary Decisions – The Year In Review
To all of you who have been dying to know what happened in the world of ethics and discipline at the USPTO in the past year, I am pleased to say your wait is finally over. I have written, “2016 USPTO Disciplinary Decisions — The Year in Review.” Why was The 2016 Year in Review necessary? I for one have … Read More
The Danger Of Failing To Cooperate In A USPTO Ethics Investigation
“What we’ve got here is failure to communicate.” Cool Hand Luke A law school professor once told me the easiest question to grade on an exam is the one where the student fails to provide any answer at all. So too is the case for the IP practitioner who chooses to ignore a USPTO ethics investigation. Indeed, for those practitioners … Read More
OED Cracks Down On Patent Practitioners Working With Invention Promoters
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
ABA’s “Tips For Practicing Law” Provides Valuable Ethics Guidance For USPTO Practitioners
“Mr. Corleone is a man who insists on hearing bad news at once.” – Tom Hagen, The Godfather In the Summer 2016 issue of Litigation, Steven A. Weiss, Chair of the ABA’s Section of Litigation, authored an article entitled, “Eight More Tips For Practicing Law.” Although the article focuses on a number of best practices from the perspective of a … Read More
5 Myths About USPTO Ethics Investigations and Disciplinary Complaints
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
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