An ethics blog for IP attorneys
In the past year, I have seen an increase in questions related to artificial intelligence. Specifically, patent and trademark lawyers have asked whether it is permissible for those lawyers engaged in practice before the USPTO to use Generative AI. While I have and continue to present on this topic multiple times, including (here), (here), and […]
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First Contact The envelope comes by Certified Mail, Return Receipt Requested and stamped as “Personal and Confidential.” Inside is a letter from the USPTO captioned “REQUEST FOR INFORMATION AND EVIDENCE UNDER 37 C.F.R. § 11.22(f).” The letter goes on to read that the Office of Enrollment and Discipline (OED) received information regarding you, and that […]
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On October 18, 2023, the Federal Circuit issued an opinion in GREAT CONCEPTS, LLC, v. CHUTTER, INC., reversing the decision of the USPTO’s Trademark Trial and Appeal Board. The Court analyzed very crucial point in the progeny of In re Bose— whether alleged fraud on the USPTO that could invalidate a trademark application also applies […]
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On September 5, 2023, the USPTO announced in a Federal Register Notice that all non-attorney support staff would be required, beginning on January 20, 2024, to verify their identity to access the USPTO’s Trademark Electronic Application System (“TEAS”). This follows multiple changes in July 2022 and October 2023 to the USPTO’s Trademark Verified USPTO.gov Account […]
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Do I Need Coverage? I like to think of insurance as something you hope to never need, but the safety net in case you do. None of us (hopefully) would drive an automobile without insurance, or worse, risk not having health insurance. To that end, IP attorneys who provide advice to clients should ensure not […]
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In an appellate case of first impression on a novel procedural issue, the Ninth Circuit on July 27 in Kirkland v. USBC, Los Angeles, quashed trial subpoenas purporting to command individuals who resided and worked out-of-state and more than 100 miles from the courthouse to “appear” at a hearing by contemporaneous video transmission. Addressing an […]
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As lawyers, we help clients solve problems, get results, but also advise them on risk. Clients rely on their lawyers for their expertise in the area—as well as their advice that is generally devoid of emotions. But who advises lawyers and law firms on their risks? Following the same thought process, and the adage of […]
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Lawyers no longer stay at one firm their entire career. Some may desire to leave a firm to join another firm, while other may choose to transition to a role in government, in-house, non-profit, or even retire. What is extremely clear under the ethics rules is that lawyers have a right to leave, and the […]
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Who are you going to call if you have a question about whether your conduct as a patent or trademark attorney is ethical? Many state bars offer “ethics hotlines” to aid their members in their understanding of, and compliance with, their obligations under applicable rules of professional conduct. Although the USPTO does not advertise a […]
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Artificial Intelligence for Lawyers: How To Maintain Your Technical Competency
Lately I have been inundated with news and information about Artificial Intelligence. It seems that all the legal news is talking about these days, and will not stop talking about, is how AI is going to change my life. Forever. In major ways. As the ABA recently noted, Artificial Intelligence (AI) is changing everything everywhere […]
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