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- 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)
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Status: Approved
Credits: 1.00 Legal Ethics
Status: Approved
Credits: 1.00 Ethics
Status: Pending
Credits: TBD
This presentation is approved for one hour of Legal Ethics CLE credit in California, and one hour of Ethics CLE credit in North Carolina. An application for accreditation of this activity has been submitted to the MCLE Committee of the State Bar of Texas and is pending.
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McCabe & Ali, LLP
Emil J. Ali is a partner at McCabe & Ali, LLP where he focuses his practice on helping lawyers understand their obligations under state and federal law. As a registered patent attorney, a significant focus of his practice involves advising lawyers and law firms on all aspects of the intersection of IP and ethics matters. Emil’s work includes counseling clients on lateral transitions, malpractice avoidance, expert opinion and testimony, and respondent’s defense work before various bars and courts. You can view his musings on IP ethics issues at www.ipethicslaw.com.