From our previous posts, it is clear that, the United States Patent and Trademark Office (USPTO) has been increasing investigations and disciplinary actions against those who work with foreign trademark associates. However, in today’s global economy, many clients demand
McCabe Law LLC Blogs
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Navigating the Patent Bar: Understanding the OED’s Moral Character Evaluation
Congratulations on passing the patent bar! While this is a significant achievement, the journey to becoming a registered patent agent or attorney isn’t quite over. The Office of Enrollment and Discipline (OED) plays a crucial role in ensuring that only
The USPTO’s New Design Patent Bar: A Closer Look at the Numbers
On January 2, 2024, the United States Patent and Trademark Office (USPTO) introduced the “Design Patent Bar,” which was an expansion designed to encourage diversity. As USPTO Director Kathi Vidal stated in the months leading up to the new offering,
Paws For Celebration: How Furry Coworkers Changed Office Life Forever
We share a special bond with dogs that has evolved over thousands of years. But it has only been in the last few years, particularly since the pandemic, since these loyal canine companions have evolved from being more than just
Lawyer Bloggers Beware: “Public” Client Information Is Still Confidential
Lawyers love to talk about their client success stories and latest wins, particularly on websites, blogs, LinkedIn and other social media. This form of lawyer self-promotion is particularly pronounced in litigation matters, where the victorious lawyers and their firms routinely,
The USPTO’s Breach of Trust: Practitioner Response and Reporting Requirements
The USPTO has once again disclosed confidential information of applicants—this time for patent applicants. Previously, the USPTO has disclosed confidential information of trademark applicants, including a breach of home addresses. However, many practitioners have wondered—what are
Pro Se Representation Before the USPTO OED: A Risky Gamble
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
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