The USPTO’s Office of Enrollment and Discipline (OED) handles investigations and disciplinary proceedings against attorneys and other practitioners who engage in misconduct before the USPTO. Navigating these complex proceedings without legal representation can be a daunting and perilous task. We
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USPTO Turns Up Heat In War Against China Trademarks: Five Ways For U.S. Attorneys To Avoid Getting Burned
This week marks five years since the USPTO implemented its Requirement of U.S. Licensed Attorney for Trademark Applicants and Registrants. Also known as the “U.S. Counsel Rule”, the USPTO on August 2, 2019 amended parts 2, 7, and 11
Understanding 37 CFR 11.801: A Lesson in Not Fully Cooperating with OED
37 CFR 11.801 is a regulation that imposes a duty on practitioners to cooperate with the Office of Enrollment and Discipline (OED). The regulation is divided into two key provisions that apply to applicants for registration, and those under disciplinary/reinstatement
AI and Patent Law: Can Machines Uphold the Duty of Disclosure under 37 CFR 1.56?
The world of intellectual property law is buzzing with questions and commentary regarding the practicality and ethics of using artificial intelligence to aid the practice of law before the USPTO. As I addressed in a prior blog post, some
Decoding the USPTO’s Signature Rules
The USPTO’s reputation for being focused on signatures is growing almost as fast as pendency. However, with recent court decisions, much is left to the eye of the beholder–leaving practitioners and their clients uncertain regarding the state of the law.
An IP Lawyer’s Guide to Artificial Intelligence
In the past year, I have seen an increase in questions related to artificial intelligence. Specifically, patent and trademark lawyers have asked whether it is permissible for those lawyers engaged in practice before the USPTO to use Generative AI. While
Received a Request for Information and Evidence from OED – Here is How to Respond
First Contact
The envelope comes by Certified Mail, Return Receipt Requested and stamped as “Personal and Confidential.” Inside is a letter from the USPTO captioned “REQUEST FOR INFORMATION AND EVIDENCE UNDER 37 C.F.R. § 11.22(f).” The letter goes on to
Federal Circuit Issues Opinion Reversing USPTO’s Improper Invalidation of Trademark
On October 18, 2023, the Federal Circuit issued an opinion in GREAT CONCEPTS, LLC, v. CHUTTER, INC., reversing the decision of the USPTO’s Trademark Trial and Appeal Board. The Court analyzed very crucial point in the progeny of In re
USPTO Announces Requirement for Support Staff to Obtain Identity Verification
On September 5, 2023, the USPTO announced in a Federal Register Notice that all non-attorney support staff would be required, beginning on January 20, 2024, to verify their identity to access the USPTO’s Trademark Electronic Application System (“TEAS”). This follows
What IP Lawyers Should Know About Professional Liability Insurance
Do I Need Coverage?
I like to think of insurance as something you hope to never need, but the safety net in case you do. None of us (hopefully) would drive an automobile without insurance, or worse, risk not having