Office Of Enrollment And Discipline

  • This Post Could Save Your Patent Law License

    … deal about this? It has to do with the second way the OED maintains an accurate roster–the “mandatory practitioner survey.” As the OED explains on its website: The Office of Enrollment and Discipline (OED) periodically conducts a mandatory survey of registered practitioners pursuant to 37 C.F.R. § 11.11. The purpose of the survey is to ascertain…

    Michael E. Mccabe Jr./ IPethics & INsights- 11 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…

    Michael E. Mccabe Jr./ IPethics & INsights- 11 readers -
  • Is Mommy More Ethical Than Daddy?

    … disciplinary decisions of the US Patent and Trademark Office. Those matters are posted on-line in the Office of Enrollment and Discipline “FOIA Reading Room.” I found that, since January 1, 2007, there have been approximately 340 published disciplinary decisions posted. Of those, roughly 270 involved male practitioners. That to me reflected…

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

    … to commence an investigation into whether you may have violated the USPTO’s ethics rules. For many practitioners on the receiving end of an OED grievance, it is not uncommon for panic to set in. Fear too. And anger. Sometimes all of the above. These are all completely normal reactions. Many practitioner faced with an OED have a host of questions…

    Michael E. Mccabe Jr./ IPethics & INsights- 10 readers -
  • 2016 USPTO Disciplinary Decisions – The Year In Review

    … To all of you who have been dying to know what happened in the world of ethics and discipline at the USPTO in the past year, I am pleased to say your wait is finally over. I have written, “2016 USPTO Disciplinary Decisions — The Year in Review.” Why was The 2016 Year in Review necessary? I for one have found it quite time-consuming to get…

    Michael E. Mccabe Jr./ IPethics & INsights- 39 readers -
  • Ethical Fee-Splitting for IP Practitioners & New ABA Guidance

    … or the legal department of a corporation or other organization.” See 37 C.F.R. Section 11.1. Unethical IP Fee-Splitting A USPTO practitioner who splits fees with a practitioner from another firm without complying with the requirements of Section 11.105(e) of the Office’s ethics rules is subject to professional discipline. An example of unethical fee…

    Michael E. Mccabe Jr./ IPethics & INsights- 29 readers -
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