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Topic: Flagged for moral character...how long for decisio (Read 5786 times) |
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mamadoc
Newbie
Posts: 5
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Re: Flagged for moral character...how long for dec
« Reply #10 on: Mar 29th, 2006, 8:29am » |
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Caveat: I am not a lawyer and this is not legal advice. I am just sharing my "law-layperson's" common sense take on this.
1. What you describe amounts to a contractual dispute between you and the Course Vendor (CV).
2. Unless and until the CV prevails in a cause of action against you for copyright infringement, the USPTO has no reasonable basis to assume that the CV would win in such an action.
3. If the USPTO deprives you of your right to earn a living prosecuting patents, based on anything less than a full evidentiary hearing (and arguably a jury trial in an action by CV against you), then the USPTO would be abridging your Constitutional right to Due Process.
4. As a matter of public policy, the USPTO should not interfere in private party contract disputes by undertaking to resolve them in favor of one party (here, CV) or the other.
Bottom line is that I do not see how you could be deprived of a license to prosecute patents, for which you are otherwise qualified, based on this kind of allegation.
Furthermore, after you prevail, I respectfully suggest that you consider: [1] Suing the person(s) and/or firm for tortious interference with trade or business and/or defamation; [2] If the person who filed the complaint with the USPTO and/or the decision-maker in the firm who authorized it is an Attorney, filing a complaint with the Bar(s) of the State(s) in which they are licensed to practice.
Unless, of course, the materials as conveyed to you were clearly marked "Non-Transferable Personal License -- Transfer by Sale, Gift, or Other Means Prohibited Under Terms Of Use Agreement" or something like that. (In which case you are getting what you deserve...)
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Isaac
Senior Member
Posts: 3472
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Re: Flagged for moral character...how long for dec
« Reply #11 on: Mar 29th, 2006, 9:33am » |
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on Mar 29th, 2006, 8:29am, mamadoc wrote:3. If the USPTO deprives you of your right to earn a living prosecuting patents, based on anything less than a full evidentiary hearing (and arguably a jury trial in an action by CV against you), then the USPTO would be abridging your Constitutional right to Due Process.
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I think this is particularly bad advice. The PTO does not need to wait for an adjudication in court of the dispute with CV. The PTO has a process for investigating character and fitness complaints, and for considering evidence provided by the applicant rebutting or explaining the situation. Assuming that normal proceedures are followed, a Due Process argument is unlikely to be successful.
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4. As a matter of public policy, the USPTO should not interfere in private party contract disputes by undertaking to resolve them in favor of one party (here, CV) or the other.
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The USPTO would not be interfering in a contract dispute. They would be assessing whether your role in the dispute indicated bad character.
There is no allegation that the material furnished to the USPTO by the CV was false or misleading in any way, and the USPTO does actively solicit comments from the public. I would suggest forgetting the defamation, tortious interference stuff.
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Isaac
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bee
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Re: Flagged for moral character...how long for dec
« Reply #12 on: Mar 29th, 2006, 6:59pm » |
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I'd ask the OED for the contact info of the person who submitted the materials and follow up with a tortious interference issue.
Did I miss a fair use exception to copyright? Did I miss a statute of limitations as to whether the materials you used were beyond a tort or copyright suit from the "creator?" Why are they interfering with OED and not suing you in state/fed court?
If you bought the materials in bona fide good faith and paid value for them, I'd join the person you bought them from and bring a tortious action against the person/group accusing you. But, that is just me...and I only know the facts that you've posted.
OED will do whatever they are going to do based on however they think. They control who gets admitted to the patent bar and who doesn't. You should be 100% honest and straight forward with them...always. But, I'd go to the mat with the jokers who are griping to OED, but not suing you for civil rememdies. What does that say about them or their case against you?
They can pregnant dog, but their pregnant doging won't stand up in court?
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dummy
Newbie
Posts: 16
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Re: Flagged for moral character...how long for dec
« Reply #13 on: Apr 9th, 2006, 1:46am » |
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Hey Fable - did they contact you regarding the red flag during or after the registration notice period?
I wish you well with your registration.
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daven
Junior Member
Posts: 75
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How did they get your name in the first place?
« Reply #14 on: Apr 9th, 2006, 11:14am » |
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How did they get your name in the first place? Did you sell them on ebay? Ebay wouldn't disclose your name. Maybe they were the winning bidder.. What company is it, so I can avoid them?
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