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   Ethics of a Patent Agent in a Law Firm
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   Author  Topic: Ethics of a Patent Agent in a Law Firm  (Read 1453 times)
TataBoxInhibitor
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Re: Ethics of a Patent Agent in a Law Firm
« Reply #5 on: Apr 6th, 2007, 8:19am »
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on Apr 6th, 2007, 6:26am, Isaac wrote:

 
In some and probably most jurisdictions.  However, I believe (but am not 100% sure) that in DC patent attorneys and agents can partner up to do patent prosecution.
 

 
That is pretty interesting.
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Wiscagent
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Re: Ethics of a Patent Agent in a Law Firm
« Reply #6 on: Apr 6th, 2007, 11:23am »
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Earlier I wrote “If the agent is a partner in a law firm, he or she is already in ethical trouble.”
 
I hadn’t considered state bar issues, I was thinking of 37 CFR 10.49, Forming a partnership with a non-practitioner.  
 
     A practitioner shall not form a partnership with a nonpractitioner
     if any of the activities of the partnership consist of the practice of
     patent, trademark, or other law before the Office.  
 
But it appears that I was mistaken.  Now that I take another look at § 10.49, I suppose that any attorney is a potential “practitioner” before the USPTO, at least in trademark issues; and of course any patent agent is a practitioner too.  So at least so far as PTO ethical rules are concerned, a patent agent / attorney partnership is okay.
 
Do I have that right?
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Richard Tanzer
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Isaac
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Re: Ethics of a Patent Agent in a Law Firm
« Reply #7 on: Apr 6th, 2007, 12:33pm »
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on Apr 6th, 2007, 11:23am, Wiscagent wrote:
suppose that any attorney is a potential “practitioner” before the USPTO, at least in trademark issues; and of course any patent agent is a practitioner too.  So at least so far as PTO ethical rules are concerned, a patent agent / attorney partnership is okay.
 
Do I have that right?

 
Yes.   IMO any prohibition on the partnering up of patent attorneys and patent agents to do patent prosecution must be due to state law as the PTO rules speak only of relationships between practitioner and non practitioner.  
 
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Isaac
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