Navigating the Ethical Minefield: Core Duties for IP Practitioners Before the USPTO
This presentation provides a foundational yet critical overview of the ethical obligations unique to practicing before the United States Patent and Trademark Office (USPTO). Attendees will gain a clear understanding of the regulatory landscape, including the scope of the USPTO’s authority and the role of the Office of Enrollment and Discipline (OED). The core focus will be on the practitioner’s paramount duties of Candor and Disclosure (37 CFR 11.18 & 11.303), with a deep dive into the severe consequences of Inequitable Conduct—the “atomic bomb” of patent law. We will also cover essential conflict of interest principles and introduce best practices for managing modern challenges, including the use of generative AI, to maintain compliance and protect client interests