This presentation explores the ethical bedrock of Intellectual Property (IP) law, with a specific focus on maintaining integrity in dealings with the USPTO. We will examine the USPTO’s Regulatory Power and the crucial Role of the Office of Enrollment and Discipline (OED) in upholding professional standards. A core theme will be the Candor Obligation (37 CFR 1.56) and the serious implications of Inequitable Conduct, analyzing its elements and recent interpretations.
Further, the CLE will address practical ethical challenges, including navigating Conflicts of Interest. We will also delve into the emerging ethical considerations surrounding the Use of Artificial Intelligence (AI) in IP practice, discussing the USPTO’s evolving guidance and the practitioner’s duties when leveraging AI tools.