Conflicts in Patent Prosecution: Avoiding the Ethical Pitfalls
Minimizing Risks of Malpractice Liability and Ethics Sanctions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to IP counsel on the conflicts issues that often arise in patent prosecutions. The panel will outline best practices to identify and address the risks—and to minimize conflicts that can lead to malpractice liability and ethical violations.
- Rules governing conflicts
- PTO rules
- Model rules
- State ethics rules
- Fiduciary duties
- Identifying conflicts—when do they arise
- Adverse or potentially adverse representations to other current or former clients
- Representations substantially related to work for former clients
- Blocking new client/matter that would raise conflict
- Prospective consent
- Detecting conflicts that arise later
- What to do when screens fail
- Cautionary tales
- Best practices
- Pre-conflict planning
- Risk management
- Resolving conflicts when they arise
The panel will review these and other key issues:
- 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?
Furgang & Adwar
Mr. Furgang represents clients across all areas of IP law, with a special focus on complex patent, trademark,... | Read More
Mr. Furgang represents clients across all areas of IP law, with a special focus on complex patent, trademark, copyright, and unfair competition matters, including litigation. He leverages his background in electrical, mechanical and civil engineering and extensive cross-disciplinary legal experience. A frequently invited speaker, Mr. Furgang lectures on IP law, litigation tactics and legal ethics and is the co-author of Patent Prosecution (Matthew Bender 2014).Close
Dr. Sandra P. Thompson
Slater Hersey & Lieberman
Dr. Thompson counsels domestic and international clients on patent, trademark, copyright, licensing and new media... | Read More