Conflicts in Patent Prosecution: Avoiding the Ethical Pitfalls

Description

Counsel and law firms involved in patent prosecution must carefully evaluate client representations to avoid conflicts that could jeopardize clients’ rights, breach fiduciary duties, and violate PTO rules, Model Rules and state legal ethics rules.

Conflicts arise when patent attorneys move between firms—or when they develop knowledge in particular areas and seek more clients in those areas. Practitioners must take steps to minimize the risk of using knowledge from one client's application when preparing an application for another.

Patent prosecutors must also identify and address risks related to subject matter, client confidentiality, and other difficult situations such as employers and inventors with adverse interests.

Listen as our authoritative panel of IP counsel examines the conflicts issues that arise in patent prosecutions and outlines best practices on identifying, addressing and minimizing the potential risks and liability of such conflicts.

Outline

1. Rules governing conflicts
   1. PTO rules
   2. Model Rules
   3. State ethics rules
   4. Fiduciary duties
2. Identifying conflicts—when do they arise
   1. Adverse or potentially adverse representations to other current or former clients
   2. Representations substantially related to work for former clients
3. Screening
   1. Monitor
   2. Blocking new client/matter that would raise conflict
   3. Prospective consent
   4. Detecting conflicts that arise later
   5. What to do when screens fail
   6. Cautionary tales
4. Best practices
   1. Pre-conflict planning
   2. Risk management
   3. Resolving conflicts when they arise

Benefits

The panel will review these and other key questions:

• What policies and practices should counsel have in place to identify potential conflicts in patent prosecutions?
• What steps can patent prosecutors take to minimize the risk of subject matter conflicts?
• How should patent counsel respond after identifying conflicts?

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Ethics Credits

An excellent opportunity to earn ETHICS CLE credits in states where teleconferences are accredited.  Note: Strafford cannot guarantee that Virginia will approve ethics credits for this event.

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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