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   Flagged for moral character...how long for decisio
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   Author  Topic: Flagged for moral character...how long for decisio  (Read 5791 times)
fable
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Flagged for moral character...how long for decisio
« on: Mar 24th, 2006, 12:17am »
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Passed the exam several months ago, got flagged for moral character based on, beleive it or not, selling my study materials.  (original manufacturer of said materials, which I purchased used, faxed USPTO a copy of my advertisment,  accusing me of copyright infringement, and misrepresenting the materials age).  The copyright business is complete crap, but since I bought the materials used, I could have been decieved as to their age.  
 
I responded to USTPO OED about 2 weeks ago, and got my postcard back today, but no word.  
 
Any idea how long OED takes to resolve something like this?
 
How freaked out should I be?
 
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SciGuy
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Re: Flagged for moral character...how long for dec
« Reply #1 on: Mar 24th, 2006, 12:24am »
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Just curious...why did you fax them the advertisement?  Did they find out about it on their own?  I assumed you could resell study material just as you could resell a book or anything else just as long as you didn't duplicate it.
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patento
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Re: Flagged for moral character...how long for dec
« Reply #2 on: Mar 24th, 2006, 12:33am »
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how did the manufacturer know your name?
 
 
on Mar 24th, 2006, 12:17am, fable wrote:
Passed the exam several months ago, got flagged for moral character based on, beleive it or not, selling my study materials.  (original manufacturer of said materials, which I purchased used, faxed USPTO a copy of my advertisment,  accusing me of copyright infringement, and misrepresenting the materials age).  The copyright business is complete crap, but since I bought the materials used, I could have been decieved as to their age.  
 
I responded to USTPO OED about 2 weeks ago, and got my postcard back today, but no word.  
 
Any idea how long OED takes to resolve something like this?
 
How freaked out should I be?
 

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Isaac
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Re: Flagged for moral character...how long for dec
« Reply #3 on: Mar 24th, 2006, 12:45am »
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I think the OP said that the course vendor did the faxing.  
 
Some bar study vendors do indicate that their materials are licensed and that resale is prohibited.   I'm not sure whether the license limitation is enforceale, but I once had a forum operator cite such a provision as his reason for deleting my posts when I attempted to purchase a used course some time back.
 
I would also expect that the vintage of the course materials could be easily checked.   I'm not sure that saying you were tricked first is going to be much of a defense.  
 
I'd be concerned.
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Isaac
fable
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Re: Flagged for moral character...how long for dec
« Reply #4 on: Mar 24th, 2006, 8:49am »
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A. Umm, original age give or take about 6 months would be impossible to tell.  I gave the only absolute information I had about the age of the materials (version of the MPEP).  
 
B. As I didn't purchase the materials new, I'm pretty confident in the copyright issue.  That is, I have a completely supportable legal argument there.  I have to imagine that any legal argument supportable by U.S. law should be acceptable to the OED.  
 
C. The USPTO sent a copy of the fax they recieved, which accused me a variety of ills besides the age and copyright issue.  (Like volunteering to discuss exam questions).  Apparently OED didn't care about those though, and only asked me to respond to the copyright and age issues.  
 
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