• 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 -
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