Emil Ali, a lawyer who helped write the office’s Rules of Professional Conduct and who now consults practitioners on ethics issues under his own shingle at McCabe Ali LLP, told Law360 that he doesn’t think the office should appeal.
“I think it’s very possible they will appeal it. But I would hope that they don’t appeal it,” said Ali, who described the possible extended legal fight over this seemingly abandoned policy as a potential “waste of government resources.”
Instead, he thinks the office needs to address the decision directly, to practitioners, outside of court.
“I think the USPTO would really benefit from releasing a statement about this case … from the perspective of transparency and accountability,” said Ali.
“I think what matters is that they say something, and I think the fact that they haven’t done that is quite unfortunate,” he added.