Michael E. Mccabe Jr.

  • Are Your Firm’s Foreign Associate Practices Ethical?

    It is commonplace for IP law firms in the United States to receive referrals for patent and trademark application filing, prosecution, and related services from sources other than the actual client. In one of the most common scenarios, patent and trademark services are directed to a U.S. IP law firm through an intermediary, such as a non-U.S. law firm or client “liaison.

    Michael E. Mccabe Jr./ IPethics & INsights- 11 readers -
  • 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 school. Accredited law schools require students to take legal ethics.

    Michael E. Mccabe Jr./ IPethics & INsights- 12 readers -
  • Law, Drugs, Addiction, Death.

    The addiction crisis and its impact on the legal profession is the subject of two recently published articles. The first is The Lawyer, The Addict, published on July 16 in The New York Times (sub. req.). It is a powerful story written by the ex-wife of a Silicon Valley-based IP partner. She recounts her former husband’s painful descent from 20 years of the 60-hour-a-week Big ...

    Michael E. Mccabe Jr./ IPethics & INsights- 16 readers -
  • 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 of the USPTO’s Office of Enrollment and Discipline (OED) is to mainta ...

    Michael E. Mccabe Jr./ IPethics & INsights- 12 readers -
  • 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 Laux, who has worked at the USPTO since ...

    Michael E. Mccabe Jr./ IPethics & INsights- 12 readers -
  • To Encrypt, Or Not To Encrypt, That Is The Question

    The ABA has dived head first into the pool of law firm cybersecurity. On May 11, 2017, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 477 (here), which addresses a broad range of issues that lawyers must consider to protect client confidential information from “nefarious actors throughout the internet.

    Michael E. Mccabe Jr./ IPethics & INsights- 16 readers -
  • Is Mommy More Ethical Than Daddy?

    A former female colleague asked me once why nearly all of my clients are men. Frankly, I had never given the matter any thought. It took me awhile even to accept my colleague’s conclusion that nearly all of my clients were, in fact, of the male variety. So I pulled out my list of clients I’d represented over the years, and realized that my ex-colleague was on to something– mor ...

    Michael E. Mccabe Jr./ IPethics & INsights- 14 readers -
  • You Just Received An OED Bar Grievance. Now What?

    The only time a patent attorney or agent ever wants to hear from the USPTO’s Office of Enrollment and Discipline is when they are admitted to the Patent Bar and issued a registration number. Other than that, no news is good news. So if an envelope arrives from the OED (certified mail, return receipt requested), don’t expect the Office to be writing to complement you on your we ...

    Michael E. Mccabe Jr./ IPethics & INsights- 10 readers -
  • Untying The IP Ethics Knot

    Do you worry about ethics in your IP practice? If not, you should. There is way too much going on out there, and not knowing what is happening can leave you exposed to ethics and malpractice risk. If you can spare 90 minutes, tune in tomorrow from 1:00-2:30 pm EST for the ABA-IPL Landslide Webinar Series, entitled “Identifying and Resolving Ethical Conflicts of Interest in Patent Prosecution.

    Michael E. Mccabe Jr./ IPethics & INsights- 10 readers -