FAQs For IP Practitioners Who Receive A Request For Information and Evidence Under 37 CFR 11.22(f) From USPTO/OED

Michael E. McCabe, Jr.Patent EthicsLeave a Comment

I am frequently contacted by patent and trademark practitioners who have been served with a “Request for Information and Evidence Under 37 C.F.R. 11.22(f)” from the Director of the Office of Enrollment and Discipline (OED) of the U.S. Patent and Trademark Office (PTO).   In Fiscal Year 2018, the OED Director issued over 100 such “Requests” (also referred to as “RFIs”).  … Read More

USPTO Reciprocal Discipline Case Illustrates Flaw In Rules

Michael E. McCabe, Jr.Continuing Legal Education, Gross Misconduct, Moral turpitide, Office of Enrollment and Discipline, Reciprocal Discipline, USPTO Director DecisionsLeave a Comment

A recent disciplinary decision published by the USPTO Director illustrates a serious flaw in the Office’s rules governing reciprocal discipline.  In re Sanjeev Kumar Dhand, D2016-17 (USPTO Dir. Nov. 16, 2016). California Discipline The factual background of the Dhand case is eerily similar to our post from yesterday (link here).   This matter involves California-based patent attorney Sanjeev Kumar Dhand. Mr. … Read More

The OED Redemption: Director Expediting Petitions To Reinstate Suspended Practitioners

Michael E. McCabe, Jr.Discipline, Office of Enrollment and Discipline, Patent EthicsLeave a Comment

It is not necessarily an easy feat for a suspended lawyer to become readmitted to the Bar.  Some jurisdictions prohibit a suspended lawyer from even entering into a law firm.  In other jurisdictions, a suspended lawyer may work as a paralegal subject to numerous restrictions and conditions.   For lawyers who have practiced for many years on their own, such … Read More

Drunk Driving Can Lead To Professional Discipline

Michael E. McCabe, Jr.Discipline, Office of Enrollment and DisciplineLeave a Comment

The Bar cares when you’ve stayed too long at the bar. Attorneys need to be mindful that a conviction for drunk driving may impact their ability to practice law. Practitioners who are subject to the disciplinary jurisdiction of the USPTO, for example, must advise the Office of Enrollment and Discipline within 30 days of any criminal conviction, misdemeanor or felony. When the … Read More

Is OED’s Indefinite Delay In “Reviewing” Reinstatement Applications Constitutional?

Michael E. McCabe, Jr.Office of Enrollment and Discipline, Patent Attorney Disciplinary Matters, Reinstatement, SuspensionLeave a Comment

An attorney’s suspension from the practice of law is not unlike a jail sentence.  Not literally, of course.  The suspended attorney is free to do anything they otherwise could do when they were not suspended, with the exception of practicing law. Many practitioners believe that once their suspension period has run its course, the practitioner is “released,” the suspension is automatically lifted, and the practitioner may immediately get back into … Read More