Conflicts in Patent Prosecution: Avoiding the Ethical Pitfalls
Minimizing Risks of Malpractice Liability and Ethics Sanctions
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will guide 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 conflict: when do they arise
- Adverse or potentially adverse representations to other current or former clients
- Representations substantially related to work for previous 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 critical 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?
Emil J. Ali
Mr. Ali provides legal representation of professionals across many regulated industries to limit, defend and deflect... | Read More
Mr. Ali provides legal representation of professionals across many regulated industries to limit, defend and deflect liability in regulatory and professional conduct investigations, enforcement actions, arbitrations, and court cases. Mr. Ali formerly investigated and assisted in the prosecution of attorney misconduct at the USPTO Office of Enrollment and Discipline (OED). While at the OED, he helped to promulgate the USPTO Rules of Professional Conduct. Mr. Ali has routinely presented and written regarding best practices for professionals to avoid regulator complaints. Mr. Ali is an adjunct professor of law at Lewis and Clark Law School.Close
The Law Office of Michael O'Brien
Mr. O’Brien is a registered patent attorney who has drafted hundreds of patent applications for individual... | Read More
Mr. O’Brien is a registered patent attorney who has drafted hundreds of patent applications for individual inventors, small businesses, and entrepreneurs throughout the country. Properly preparing a patent application is critical for providing the best long-term odds of staving off competition from imitators, but it may also be necessary to protect the patent against infringement and legal challenges through litigation. In addition to his patent practice, Mr. O’Brien also assists with trademark strategy and copyright protection.Close