Patent Ethics

  • Are Your Firm’s Foreign Associate Practices Ethical?

    … decision in In re Mikhailova, Proc. No. D2017-18 (USPTO Dir. June 6, 2017). That decision included some very broad statements of OED/USPTO ethics policy–specifically regarding exactly what ethics rules are implicated by the client-intermediary-practitioner relationship and how the Office expects practitioners to comply with those rules when they provide…

    Michael E. Mccabe Jr./ IPethics & INsights- 12 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…

    Michael E. Mccabe Jr./ IPethics & INsights- 13 readers -
  • This Post Could Save Your Patent Law License

    … reinstatement, the practitioner has been convicted of a felony or misdemeanor (other than a “minor traffic violation”), then that could delay, if not derail, the reinstatement process. If they do this relatively quickly and have no negative information on the Reinstatement Data Sheet, then the administrative suspension should be lifted within a few…

    Michael E. Mccabe Jr./ IPethics & INsights- 12 readers -
  • Is Mommy More Ethical Than Daddy?

    … is that the disparity in the numbers of disciplined attorneys may be a reflection on law firm culture in general, where there is still today a well-recognized “glass ceiling” that limits the ability of female attorneys to advance compared to their male counterparts. This issue has been the subject of much academic and bar association study. A 2013 article…

    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…

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