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OED Grievances: Common Causes, Recent Trends, Practical Guidance, Differences From Malpractice Actions

What to do When You Receive an OED Grievance and Best Practices to Avoid Them

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Tuesday, June 27, 2023

Recorded event now available

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This CLE webinar will guide patent and trademark counsel on the OED process by which lawyers who practice before the USPTO get disciplined. The presenter will describe the common causes for OED grievances and summarize recent trends in OED decisions. She will also explain the differences and similarities between an OED grievance and a malpractice action and provide best practices to avoid both. The presenter will highlight recent OED decisions to shed light on the types of violations the office has been prosecuting and will provide practical guidance on what to do if there is an ethics complaint filed against you.

Description

An envelope arrives certified mail and requests a return receipt. You see that envelope is from the OED. Concern and maybe a little panic set in. The OED does not reach out to practitioners to let them know they are doing great work. Rather, this envelope means a grievance has been filed against you and the OED has started an investigation into whether you have violated the USPTO's rules of ethics.

Understanding the process will help minimize fear and panic. The time frame to respond is relatively short. Take time to examine the Rules of Professional Conduct. You have a duty to cooperate so refusing to respond may result in further violations.

Listen as our authoritative presenter provides an overview of the process by which lawyers who practice before the USPTO get disciplined. The presenter will describe the common causes for OED grievances and will summarize recent trends in OED decisions. She will explain the differences and similarities between an OED grievance and a malpractice action and provide best practices to avoid both. She will highlight recent OED decisions to shed light on the types of violations the office has been prosecuting and will provide practical guidance on what to do if there is an ethics complaint filed against you.

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Outline

  1. Overview of the OED process
  2. Common causes for OED grievances
  3. Recent trends in OED decisions
  4. OED grievances vs. malpractice actions
  5. Practical guidance when facing disciplinary action

Benefits

The presenter will review these and other important issues:

  • What behavior could be problematic and put patent counsel at risk of facing an OED grievance?
  • What do recent OED decisions reveal about behavior that draws OED attention?
  • What steps can patent counsel take to minimize the risk of OED grievances?

Faculty

Gerzhoy, Hilary
Hilary P. Gerzhoy
Partner
HWG

Ms. Gerzhoy, Vice Chair of HWG’s Legal Ethics and Malpractice group, focuses her practice on legal ethics, white...  |  Read More

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