Posts Tagged: "pli"

Ethics & OED: Suspended Practitioner Reinstated After Felony

It is not common to see a petition for reinstatement, much less an actual reinstatement. That is, however, what happened with respect to Mr. B., who was suspended nunc pro tunc from October 26, 2009, for a period of 60 months, but with the last 24 months stayed. B’s petition for reinstatement was successful, and he is once again a patent agent registered to practice at the USPTO. In the original disciplinary proceeding that lead to the suspension, the OED Director filed a disciplinary complaint against B on October 26, 2009, and then Director Kappos entered an interim suspension order because B was convicted of a felony. Authority for such an interim suspension comes from 37 CFC 11.25.

Fashion Law and Business: Brands & Retailers

Fashion law has become as diverse, complex and global as the fashion industry itself. Fashion law can be analogized to entertainment, art or sports law, in that it is circumscribed by the nature of a particular industry, but is comprised of many distinct substantive practice areas of law. One way to describe fashion law is to say that it is the body of law and legal principles that governs the relationships among the various participants in the fashion industry, the relationships between such participants and the consumer, and the relationship between such participants and various governmental entities.

Patent Bar Exam: MPEP Search Strategies

Those days are long gone, for nearly a decade now, but when you do take the examination you will be provided with an electronic copy of the Manual of Patent Examining Procedures. Don’t fool yourself though — the fact that this is an “open book” exam does not mean that it is easy or that you will be able to “wing it” and rely on the MPEP as a crutch. Many people have difficulty finishing the exam and it is a recipe for failure to simply plan to rely on the MPEP to get you through the exam. This is particularly true today where much of the examination is based on new material not found in the MPEP and only available in Federal Register Notices.

Beware Patent Bar Exam Study Advice

Perhaps the most ridiculous suggestion given (step 8) is to download the free PTO Patent Bar Exam Review Package from CNET. The WikiHow article explains that this free package contains MPEP 8th edition revisions 1 and 2. Why would you ever want to even consider the 8th edition revisions 1 and 2 when you will be tested on the 8th edition revision 9? Revision 9 was published August 2012. Revision 1 was published February 2003 and revision 2 was published May 2004. Why would anyone who is at all serious use materials that are a decade old to take an exam that is constantly being updated and refreshed with new materials? If you study the wrong MPEP edition you have absolutely NO chance to pass the patent bar exam.

Kappos on Patent Trial and Appeal Board Trial Proceedings

Kappos explained that the PTAB has started and will continue, in at least some cases, to issue shorter per curiam decisions, which will allow them to decide more cases and move through the backlog. Co-Chair of the program, Rob Sterne, asked Kappos whether this would present problems for those who might want to appeal to the Federal Circuit. Given the standards applied by the Federal Circuit will it be possible for an applicant ever be able to satisfy the standards? Kappos acknowledged that is a concern and why we will see hundreds of shorter per curiam decisions rather than thousands. Kappos explained that the USPTO wants these types of decisions issued only when the record is extremely clear, making a detailed decision of the Board less necessary.