Lawyers no longer stay at one firm their entire career. Some may desire to leave a firm to join another firm, while other may choose to transition to a role in government, in-house, non-profit, or even retire. What is extremely
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Office of Enrollment and Discipline Offers Anonymous Ethics Hotline for PTO Practitioners
Who are you going to call if you have a question about whether your conduct as a patent or trademark attorney is ethical? Many state bars offer “ethics hotlines” to aid their members in their understanding of, and compliance with,…
Shots On The House: Above The Law’s State of the Union Drinking Game A Hangover For Lawyers
Above the Law claims it provides legal analysis and relevant commentary on the legal industry. After reading senior editor Joe Patrice’s recent missive, Finally, A Reason to Drink!! Here’s your guide to making the State of the Union bearable,…
USPTO Reminds Patent Practitioners Regarding Their Duty Of Disclosure Obligations (And Inequitable Conduct)
By Emil Ali
When I tell my law students about their future fiduciary duties to clients, I sum them up as loyalty and confidentiality, but that is not the whole story. This is because lawyers have other enumerated duties to clients, courts, and…
Lawyers Who “Dabble” In USPTO Trademark Matters Face Nightmare Of OED Ethics Investigations, Discipline
“A man’s got to know his limitations” – Clint Eastwood, Magnum Force (1973)
The USPTO’s Office of Enrollment and Discipline has become increasingly active in the last several years, particularly in investigating business or general practice attorneys who dabble in…
Federal District Court dismisses claims against the USPTO by former Patent Examiner refused Registration to Practice
By Emil Ali
Co-Authored by Aditi Kulkarni and Emil J. Ali
On April 26, 2022, The United States District Court for the Eastern District Court of Virginia dismissed a former patent examiner’s complaint and petition for review of the USPTO’s decision denying an…
Speak No Evil: When Must You Self-Report Your Misconduct To The USPTO
A court rules a patent attorney engaged in inequitable conduct.
A client sues its trademark attorney for malpractice.
A state bar files ethics charges against a patent practitioner.
The police arrest a patent agent for domestic violence.
A litigator is…
Trademark Ethics: 5 Things That Might Keep You Up At Night
Emil Ali has been keeping very busy representing trademark practitioners in USPTO ethics investigations and disciplinary proceedings. Next Thursday, May 12, Emil will be sharing his insights into the perilous ethical landscape faced by trademark counsel, in a live online…
USPTO Orders Six-Month Suspension For Patent Agent Who Lied To Client About Design App And Failed To Cooperate With OED
The USPTO has ordered a registered patent agent who allowed a patent application to go abandoned, failed to communicate with his client, and failed to cooperate with the Office of Enrollment and Discipline’s ethics investigation to serve a six-month…
Why Did A Business And Personal Injury Lawyer Get Reprimanded By OED?
By Emil Ali
The Pape Malick Indiss Djiba case is a fresh reminder to unsuspecting lawyers of the expanding jurisdiction of OED, including the ability of them to engage in reciprocal discipline, and the requirement for practitioners to self-report the imposition of discipline…