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Patent Prosecution Malpractice: Minimizing the Risk of Claims

Recognizing and Eliminating Problem Behavior, Identifying Client Conflicts, Court Treatment

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Monday, October 23, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will guide patent counsel on minimizing the risk of malpractice claims in patent prosecution. The panel will examine common pitfalls and problematic behavior as well as how the courts have dealt with recent malpractice claims in the patent context.


Malpractice risks for patent practitioners increase with the rising complexity of patent practice. For many companies, the most valuable assets are their IP. Consequently, protecting and enforcing IP rights becomes more critical. With such high stakes, patent counsel are an easy target if something fails during the prosecution process, whether due to missing deadlines or a strategy that does not work.

Malpractice claims may come from the client's belief that not all the patent claims asserted led to a later invalidity determination or an inadequate conflicts check. Malpractice claims against patent attorneys are growing, and patent attorneys should take steps to minimize the likelihood that they could face such claims.

Listen as our authoritative panel discusses where common pitfalls arise and problematic behavior that may lead to claims. The panel will also discuss how the courts have dealt with recent malpractice claims in the patent context and steps counsel can/should take to minimize the likelihood of malpractice. The panel will also address the issue of damages.



  1. Key issues in a malpractice case, including causation
  2. Problem behavior and common pitfalls
  3. Court treatment
  4. Damages
  5. Best practices to minimize the risk of malpractice claims
    1. Conflicts checks
    2. Intake process
    3. Termination letters
    4. Firm culture
    5. Insurance


The panel will review these and other important issues:

  • What behavior could be problematic and put patent counsel at risk of malpractice claims?
  • How does patent law representation differ from most other matters in terms of malpractice claims?
  • What steps can patent counsel take to minimize the risk of malpractice claims?


McCabe, Michael
Michael E. McCabe, Jr.

Managing Partner
McCabe Ali

Mr. McCabe is a registered patent attorney with 20 years of experience representing foreign and domestic entities and...  |  Read More

Richardson, Amy
Amy E. Richardson


Ms. Richardson serves as Co-Chair of the Firm’s Legal Ethics and Malpractice Group. She focuses her practice on...  |  Read More

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