Mixing Inventor And Patent Prosecutor Intent To Deceive: CleanTech Muddies Inequitable Conduct Law

Michael E. McCabe, Jr.Duty of Candor, Inequitable Conduct, IP Ethics, Patent EthicsLeave a Comment

Inequitable conduct is supposed to be personal to each individual who owes a duty of disclosure to the USPTO. Thus, just because an inventor may have knowingly and intentionally lied to the USPTO does not mean that prosecution counsel did so as well. Indeed, most prosecutors are in a position where they must rely upon the apparent veracity of their … Read More

USPTO Suspends Attorney For Six Months For Derogatory Patent Filings

Michael E. McCabe, Jr.Civility/Professionalism, Patent Ethics, Suspension, USPTO OED5 Comments

This week at “Back to School Night,” I read with great interest some words of wisdom posted on the wall as part of a set of class “Rules.” The children agreed to three general principles of self-governance: Be nice to others. Don’t use bad words. Be respectful. Lawyers also have their own rules of self-governance, codified in the Rules of Professional … Read More