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

Mandatory Ethics Training For Patent Agents Is Long Overdue

Michael E. McCabe, Jr.ABA Model Rule for Minimum Continuing Legal Education, Continuing Legal Education, Patent Ethics, USPTO Rules of Professional Conduct4 Comments

What formal ethics training is required of a U.S. patent agent?  None. What minimal level of competency in ethics must a patent agent demonstrate in order to qualify for a license to practice patent law before the USPTO?  Again, the answer is “None.” For attorneys, ethics training is of considerable importance.  It starts in law school.  Accredited law schools require … Read More