Patent Practitioner Discipline
Over the last several years, I have given the ethics lecture part of PLI’s Patent Law Institute, which grants those in attendance (or viewing via webcast, in most states) one ethics credit toward CLE compliance. This year, I will once again give the ethics presentation at the 8th Annual Patent Law Institute sponsored by the Practising Law Institute, which will take place in New York at the beginning of February 2014, and which will be reprised live in San Francisco in mid-March 2014. Materials are due early so that PLI can put everything into book form for attendees, so I have been writing to ensure enough to support one credit hour of CLE, and starting the planning of my hour-long presentation generally.
A big part of what I like to do when I give an ethics lecture is to review recent decisions of the Office of Enrollment and Discipline to see what OED has been focusing on and what trouble our fellow members of the patent bar are getting into. This not only gives us insight into the OED approach, but also gives us an opportunity to review the ethics rules practitioners are charged most frequently with violating. It also gives us an opportunity to discuss the process you will be afforded if you should find yourself on the wrong side of an OED complaint.
OED Takes Action on Unauthorized Practice of Law
I will be speaking at the 7th Annual Patent Law Institute sponsored by the Practising Law Institute live from New York City on February 4-5, 2013, and live from San Francisco, CA on March 18-19, 2013, with the San Francisco location also being webcast. My topic this year is ethics, and those who attend my presentation live or via webcast will earn 1 ethics CLE credit. In addition to discussing the impact of the America Invents Act on ethics, specifically from a malpractice standpoint, I will also discuss the enforcement efforts of the Office of Enrollment and Discipline (OED) during 2012.
One of the cases from 2012 that has caught my attention is The Matter of David P. Gaudio, which was decided on December 12, 2012, and was the last action taken by OED during 2012.
01.22.13 | Patent Issues, USPTO | Gene Quinn
Disbarment Ordered for Client Trust Misappropriation and Practicing Law Without a License
Early next year, I will be speaking at PLI’s 7th Annual Patent Law Institute. The event, like in previous years, will be bi-coastal. We will be live from New York City on February 4-5, 2013, and live from San Francisco, CA on March 4-5, 2013, with the San Francisco location also being webcast. My topic will be ethics, which will provide the all-important and highly sought after ethics CLE credit.
I will be discussing ethical issues raised by the America Invents Act, such as the new statute of limitations and avoiding catastrophic malpractice issues with the shift to first to file. I will also be providing a summary of the actions taken by OED over the previous 12 months to give insight into the problems OED sees, what their enforcement agenda is, and to try to learn lessons from our brothers and sisters in the bar who have gotten into one form of trouble or another. The last time I did this was several years ago. See Patent Office Disciplinary Actions and Lack Thereof.
12.17.12 | posts | Gene Quinn
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11.14.13 | posts, USPTO | Gene Quinn