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
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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?
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…
Non-Lawyer Ownership Of IP Firms: What Practitioners Need To Know
For many years, I have had countless communications with patent and trademark lawyers regarding expanding their law firms through partnering with non-lawyers. This might include patent agents, as well as venture capital firms. Each of these, though have their own…
OED Announces Delay of Practitioner CLE Certification & Biennial Registration
On December 16, 2021, the USPTO will officially announce a delay in the implementation of the voluntary CLE certification program for registered practitioners, and those granted limited recognition. This follows a delay in the biennial registration statement, which will be…
Everything You Need to Know About Moral Character for the Patent Bar
You have passed the patent bar after months of hard work and studying the Manual of Patent Examining Procedure. “[H]owever, you are not being registered at this time…” The letter goes on to explain that, because of your answers on…
Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope?
Following a recent report issued by the Department of Commerce, Office of Inspector General, as well as a plethora of recent disciplinary actions published by the USPTO’s Office of Enrollment and Discipline, many practitioners have done a retrospective analysis of…
USPTO Responds to OIG Report – Continues to Blame Attorneys and Foreign Agents
Last week, we provided commentary regarding a scathing report issued by the Inspector General of the Department of Commerce (“OIG”). Since that time, the USPTO published a blog post, penned by Drew Hirshfeld, performing the functions and duties…
DOC OIG Slams USPTO’s Handling of Foreign Trademark Filings, U.S. Counsel Rule
On August 11, 2021, the Inspector General of the Department of Commerce (“OIG”), which oversees the USPTO, issued a scathing report on the state of the USPTO’s control over the integrity of the Trademark Register. The report discussed a number…
Top Three Things IP Practitioners Must Know When Working With Foreign Associates
As we noted in a prior post, the USPTO has gone on record allowing U.S. practitioners to partner with foreign attorneys by way of ownership of law firms, without violating the USPTO Rules of Professional Conduct. However, practitioners continue…