877-OED-4097

OED Ethics LAw

Ethics Counsel to IP Professionals

Dedicated to Protecting Patent and Trademark Practitioners

Search

Upholding Your “Rights” Before OED

Aug 20, 2018
3 min

Upholding Your “Rights” Before OED

The USPTO Rules of Professional Conduct generally proscribe a practitioner’s failure to cooperate in an OED investigation, or a knowing failure to respond to a lawful request from an admissions or disciplinary authority. See 37 CFR § 11.801(b). Furthermore, OED notes in their requests for information that “if you do not respond to this request for information or any OED request, the Committee on Discipline may draw an adverse inference in making a determination under 37 CFR

31 views0 comments

The Constitutionality of USPTO Hearing Officers After The Supreme Court's Decision in Lucia.

Jun 21, 2018
2 min

The Constitutionality of USPTO Hearing Officers After The Supreme Court's Decision in Lucia.

Today, the Supreme Court issued an Opinion that held that Administrative Law Judges (“ALJs”) of the Securities and Exchange Commission (“SEC”) qualify as “Officers” under the appointments clause of Article II Section 2 of the U.S. Constitution (“Appointments clause”). Of interest to patent practitioners is whether or not the appointment of a hearing officer for United States Patent and Trademark Office (“USPTO”) Office of Enrollment and Discipline (“OED”) cases under 37 CF

27 views0 comments

What To Do When You Receive An OED Grievance.

Jan 30, 2018
2 min

What To Do When You Receive An OED Grievance.

Whether you practice in trademark or patent law, you generally want to avoid receiving communication from the Office of Enrollment and Discipline (OED). But what happens when they send you certified letter that includes a Request for Information and Evidence Under 37 CFR 11.22(a) (RFI)? Understanding one of OED's core missions, investigating allegations of misconduct by practitioners, is helpful in guiding your thought process. At first, the fear sets in. If your conduct wa

126 views0 comments

Subscribe for the latest updates