Revisions to the USPTO Rules of Professional Conduct (“the Rules”) took effect on May 3, 2013. This latest version of the Rules (“the Current Rules”) was the result of a rulemaking process that began in late 2012. On October 18, 2012, the USPTO announced its intention to revise the Rules and a list of proposed revisions. Following a comment period and additional consideration of the proposed revisions by the USPTO, adoption of the Current Rules was announced on April 3, 2013. The Current Rules are designed to track the language of the ABA Model Rules of Professional Conduct and ethics rules adopted by state bars. Notable material in the Current Rules include revised provisions governing the eligibility to practice before the USPTO, new standards for handling confidential information and trial publicity, and revised duties owed by practitioners to clients. Join Michael J. Kasdan for a discussion of the differences between the new rules and the prior regime, as well as other ethical issues pertaining to practice before the USPTO.
Michael J. Kasdan, Esq. is a partner in the law firm of Amster, Rothstein & Ebenstein LLP, where he concentrates his practice on intellectual property litigation, licensing, portfolio analysis, and strategic counseling. Mr. Kasdan, who has a technical background in electrical engineering, has spoken and written articles on various areas of intellectual property law, including licensing practices, defending against patent infringement cases, the doctrine of patent exhaustion, willful infringement, patent misuse and standards estoppel, damages and patent valuation, inequitable conduct, and business methods patents.
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