USPTO ethics

Top Seven Ethics Risks When Patent Practitioners Work With Invention Marketing Companies

3 Comments / Client Funds, Communications, Fee-Splitting, Invention Promoters, IP Ethics / By

Working with invention promotion or marketing companies can be hazardous to your law license.  That is the clear message coming from the USPTO’s Office of Enrollment and Discipline, which is in charge of policing and enforcing the Rules of Professional Conduct governing patent attorneys, patent agents, and others who practice before the Office.   The […]

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New USPTO Discipline Search Engine Added To IPethics & INsights

Leave a Comment / USPTO Decisions, USPTO Director Decisions, USPTO OED / By

I am pleased to announce the addition of a new family member to this Blog: A USPTO disciplinary decision search engine and reader-friendly digest of USPTO disciplinary decisions. This feature can be found by clicking here or on the “PTO Discipline” tab beneath the IPethics & INsights banner. Why A Search Engine Why go through

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CAFC Finds Patent Holder’s Position On Standing “Unreasonable” And “Remarkably Weak,” Affirms Atty Fees Award

Leave a Comment / District Court Litigation, IP Litigation Sanctions, Litigation Ethics, Patent Ethics, Patent Litigation Ethics, Patent Litigation Sanctions / By

On January 25, 2017, the Federal Circuit ruled a district court did not abuse its discretion when it awarded the prevailing party’s attorneys’ fees under 35 U.S.C. § 285 based upon the losing party’s conduct with respect to responding to one particular issue in discovery. In National Oilwell Varco, L.P. v. Omron Oilfield & Marine,

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USPTO Reciprocal Discipline Case Illustrates Flaw In Rules

Leave a Comment / Continuing Legal Education, Gross Misconduct, Moral turpitide, Office of Enrollment and Discipline, Reciprocal Discipline, USPTO Director Decisions / By

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

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Lessons in Ethics: Lying About CLE Attendance Is Just So Wrong

1 Comment / Continuing Legal Education, Moral turpitide, Reciprocal Discipline / By

An IP attorney continued his legal education the hard way.  He falsely represented to the California Bar that he had completed the mandatory minimum of 25 hours of continuing legal education.  In truth, he had completed zero hours of CLE.  The result: a one-year suspension. This matter involved California-based patent attorney Jens Edward Hoekendijk.  In

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5 Myths About USPTO Ethics Investigations and Disciplinary Complaints

1 Comment / Patent Ethics, USPTO Ethics Investigation, USPTO OED / By

Many IP practitioners are misinformed about the function of the USPTO’s Office of Enrollment and Discipline (OED). Here are the top 5 myths about OED ethics investigations and attorney discipline at the USPTO. Myth #1 – The OED Only Cares About Practice Before the USPTO There is a perception that the USPTO only cares about

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USPTO Director Reverses ALJ In Disciplinary Case, Rules In Favor Of Attorney

Leave a Comment / Patent Ethics, USPTO Director Decisions, USPTO OED / By

On August 5, 2016, the USPTO Director issued a Final Order reversing an administrative law judge’s initial decision, which had suspended a practitioner for 18 months. The Final Order held the OED Director violated USPTO precedent and mandatory rules regarding reciprocal discipline—37 C.F.R. § 11.24.  The Final Order is significant because it not only confirms the

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What Can Johnny Manziel Teach Lawyers About Ethics? (Plenty)

1 Comment / Alcoholism, Legal Ethics, Moral turpitide / By

Part 1 of a 3-Part Series Ex-Cleveland Browns quarterback Johnny Manziel has been in the news a lot lately. And none of it has been good. The former Heisman Trophy winner and 2014 first round NFL draft pick was “much watch” sports TV for his prowess on the gridiron. His professional career, which began with such

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