Patent Ethics: Prosecution

by David Hricik

Patent Prosecution (2016 Edition), by David Hricik and Mercedes Meyer, is an essential guide to the ethical issues arising in the course of the patent prosecution process. By providing relevant rules and case law, it allows practitioners to identify ethical problems before they arise and to address them most effectively when they do. Patent Prosecution is one of two volumes on patent ethics -- the second focuses on litigation -- and is the first of its kind to combine the United State Patent and Trademark Office (PTO) rules with commentary by the authors, which distills the authors' own experience and expertise in patent prosecution into effective practice strategies. The 2016 Edition includes a chaper devoted to post-disposition proceedings, including inter partes review under the AIA. It indirectly addresses ethical issues that arise in patent litgation but the focus is on prosecution ethics. It also features new analysis of current client conflicts in patent practice, including when prosecution and opinion work become "adverse" to a client, the conflicts of interest created by the AIA's approach to the best mode, and duty of candor post-Therasense. It also includes an updated PTO Code completely annotated with OED decisions on each provision.

Unknown Binding

First published September 2, 2009