Office of Enrollment and Discipline

Speak No Evil: When Must You Self-Report Your Misconduct To The USPTO

A court rules a patent attorney engaged in inequitable conduct. A client sues its trademark attorney for malpractice. A state bar files ethics charges against a patent practitioner. The police arrest a patent agent for domestic violence. A litigator is sanctioned by the PTAB under Rule 11.18 for making a frivolous argument. These are situations […]

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OED Investigates TM Attys Who File Altered Or Fake Specimens: The China Syndrome

What does the Chinese government’s decision to pay its citizens to apply for and register trademarks with the USPTO have to do with IP attorney ethics?   Plenty, as it turns out. As recently reported by the American Bar Association, see article doctored-trademark-specimen, the USPTO is experiencing “a plague of fake, doctored and digitally altered specimens”

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Putting Teeth Into The PTAB’s Sanctioning Powers: Is Mohawk A Sign Of Things To Come?

For federal court practitioners, sanctions have long existed as a deterrent to litigation misconduct and a weapon against gamesmanship.  The federal rules of civil procedure provide a range of tools for litigators who believe their opponents are not abiding by their obligations: Rule 11 checks improper pleadings and other court filings; Rules 26, 30 and

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Mandatory Ethics Training For Patent Agents Is Long Overdue

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

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Disciplinary Actions Rise Against Lawyers Who Commit Acts of Domestic Violence: Know The Warning Signs

The statistics of reported cases of domestic violence are stunning.  According to the National Coalition Against Domestic Violence (NCADV), 1 in 3 adult women and 1 in 4 adult men have been victims of some form of physical violence by an intimate partner.  Moreover, 1 in 4 women have been victims of “severe physical violence by

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This Post Could Save Your Patent Law License

Some patent attorneys and agents are under the impression that once they have passed the Patent Bar exam and have earned a PTO registration number, they are essentially registered for life, with no further action required on their part.  If you are one of those people, then you should read on. One of the jobs

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Litigators Beware: Bad News Can Trigger USPTO Ethics Investigation

Bad news sells.  As the author Douglas Adams observed, “Nothing travels faster than the speed of light with the possible exception of bad news, which obeys its own special laws.” Take IP litigation, for example.  The mainstream IP media regularly reports on both allegations and court decisions regarding issues relating to attorney conduct–or alleged misconduct.

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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

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