From Gray Areas to Guiding Principles: Ethics in IP and Patent Law

Explore ethical practices in IP law with Justia Connect webinar. Learn more on WebinarCafe

Legal Webinar Benefits

This presentation provides a concise overview of key regulatory and ethical considerations for practitioners interacting with the United States Patent and Trademark Office (USPTO). We will explore the USPTO's regulatory power, the crucial role of the Office of Enrollment and Discipline (OED), and the critical obligations of candor owed to the USPTO. We will delve into the complexities of inequitable conduct allegations, highlighting specific areas of concern arising in recent case law. Furthermore, we will address the implications of subject matter conflicts and touch upon other current hot topics impacting intellectual property practice. This session is designed to equip practitioners with the knowledge necessary to navigate the evolving landscape of USPTO regulations and maintain the highest ethical standards.

Topics covered include:

Ethics

Agenda:

• USPTO’s Regulatory Power

  • Overview of the USPTO’s authority and scope of regulation

  • Relevant statutes and rules governing patent and trademark practice

  • Impact of USPTO regulations on practitioners and applicants

• Role of the OED

  • Mission and responsibilities of the Office of Enrollment and Discipline

  • OED’s oversight of registered patent attorneys and agents

  • Disciplinary procedures and consequences for misconduct

• Obligations of Candor to the USPTO

  • Duty of disclosure and good faith in dealings with the USPTO

  • Requirements for information disclosure statements (IDS)

  • Consequences of failing to fulfill calendar obligations

• Allegations of Inequitable Conduct and Specific Areas of Concern in Recent Cases

  • Definition and elements of inequitable conduct

  • Analysis of recent case law highlighting problematic conduct

  • Practical tips for avoiding allegations of inequitable conduct

• Subject Matter Conflicts

  • Understanding subject matter conflicts in patent prosecution

  • Ethical considerations related to representing clients with conflicting interests

  • Strategies for managing and resolving subject matter conflicts

• Other Hot Topics in IP Practice

  • Brief overview of emerging trends and challenges in IP law

  • Discussion of potential implications for practitioners

  • Resources for staying informed about developments in IP practice

• Questions & Answers (as time permits)

Speaker: Emil J. Ali, McCabe & Ali, LLP.