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Author Topic: Practicing Law while an Examiner?  (Read 1994 times)

patentjd

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Practicing Law while an Examiner?
« on: 02-23-11 at 04:47 am »

Hello, I have recently been offered a position as a patent examiner at the USPTO.  I also have a JD and a couple of years of patent litigation at a large law firm.  I want to take the examiner job for the hotelling option later on, reduced stress, and job stability.  But I would also like to practice law on the side. 

Obviously, I can't practice patent or trademark law, but I was wondering whether I could practice another area of law.  For example, copyright law.  Does anyone know the ethics rules regarding this?  Or who I can contact to find out?  I'm licensed in NY, but am willing to take the VA bar exam.
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Cronous

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Re: Practicing Law while an Examiner?
« Reply #1 on: 02-23-11 at 07:29 am »

Hello, I have recently been offered a position as a patent examiner at the USPTO.  I also have a JD and a couple of years of patent litigation at a large law firm.  I want to take the examiner job for the hotelling option later on, reduced stress, and job stability.  But I would also like to practice law on the side. 

Obviously, I can't practice patent or trademark law, but I was wondering whether I could practice another area of law.  For example, copyright law.  Does anyone know the ethics rules regarding this?  Or who I can contact to find out?  I'm licensed in NY, but am willing to take the VA bar exam.

That is very difficult to do.  The ethics division generally takes a broad view of what constitutes a conflict of interest.  Basically you cannot work on anything the govt has an interest in.

http://www.google.com/url?sa=t&source=web&cd=2&sqi=2&ved=0CBwQFjAB&url=http%3A%2F%2Fwww.ogc.doc.gov%2Fpdfs%2Fsummaryethicsrules.pdf&rct=j&q=doc%20ethics%20pto&ei=URJlTfehHMWAlAfB6pzYBg&usg=AFQjCNETyHecGsBomR9-176Tm9UelNpj7g&sig2=bC0w_QOh6t_gjS3byadBsA&cad=rja
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patentjd

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Re: Practicing Law while an Examiner?
« Reply #2 on: 02-23-11 at 08:28 am »

Thanks for that link.  I'm glad to see that almost all pro bono work would be allowed.  That might give me a chance to actually do something interesting for a change (and now that I think about it, is the reason I first wanted to go to law school).  :=)
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horsechute

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Re: Practicing Law while an Examiner?
« Reply #3 on: 03-02-11 at 02:43 pm »

"Basically you cannot work on anything the govt has an interest in"

Interesting. That explains why an examiner I know was not allowed to do criminal law work, although he never specified whether it was state or federal. You would think state matters would be allowed, although it would make you nervous.

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patentjd

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Re: Practicing Law while an Examiner?
« Reply #4 on: 03-02-11 at 04:13 pm »

"Basically you cannot work on anything the govt has an interest in"

Interesting. That explains why an examiner I know was not allowed to do criminal law work, although he never specified whether it was state or federal. You would think state matters would be allowed, although it would make you nervous.


Horseschit, I thought I remember reading an earlier thread that mentioned that they took your registration number away from you at the PTO.  What type of work do you do now?
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horsechute

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Re: Practicing Law while an Examiner?
« Reply #5 on: 03-02-11 at 04:46 pm »

Actually, I still work at the PTO with other washed-up losers like you who could not hack it in the real world of law, and now have to beg for pro-bono cases just so that they can retain a modicum of self-worth.

Then again, I am not exactly sure what to believe from someone who says he does litigation in a law firm in Virginia, yet also says he is willing to sit for the Virginia bar.


 

« Last Edit: 03-02-11 at 05:14 pm by horsechute »
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patentjd

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Re: Practicing Law while an Examiner?
« Reply #6 on: 03-02-11 at 05:34 pm »

Actually, I still work at the PTO with other washed-up losers like you who could not hack it in the real world of law, and now have to beg for pro-bono cases just so that they can retain a modicum of self-worth.

Then again, I am not exactly sure what to believe from someone who says he does litigation in a law firm in Virginia, yet also says he is willing to sit for the Virginia bar.

I don't get to sign jack squat.  Although I suppose I technically could since we have an office in NY.  But the piece of shit partner I work mainly for would never allow an associate to sign anything.  Even a freakin' IDS.  And has lately pigeonholed me in prosecution, which I actually like for the hours.  If I leave this firm though, I'll need a VA license.  You are aware that NY licensed atty's in national firms practice law all over the place, no?

And what's wrong with pro bono?  Should that make me feel like I have more "self-worth?"  I just like the idea of doing some good.

I hope I end up "washed-up" at the PTO, because it would be close to what I make now, and with far more job stability and less stress.  Are you really back at the PTO now?  Good for you.  I want it bad too, but it looks like we have to earn first. 
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horsechute

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Re: Practicing Law while an Examiner?
« Reply #7 on: 03-02-11 at 05:47 pm »

Want$it$bad, it is obviously you using a sockpuppet. Nobody else uses the terms "shitcanned" and ends sentences with the word "no?" and has that same, sort of rambling, borderline personality disorder dialogue that you do.

In the future, just use your original name. Would make life more interesting, no? and by the way, at least we may possibly know where you work now. Not many of the firms in Alexandria do litigation, at least in any sizeable amount, no? Most are there to be close to the PTO.

Best of luck. Assuming you actually got the offer, you probably will fit right in. That is, if you don't cut yourself up first.
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patentjd

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Re: Practicing Law while an Examiner?
« Reply #8 on: 03-02-11 at 06:31 pm »

Want$it$bad, it is obviously you using a sockpuppet. Nobody else uses the terms "shitcanned" and ends sentences with the word "no?" and has that same, sort of rambling, borderline personality disorder dialogue that you do.

In the future, just use your original name. Would make life more interesting, no? and by the way, at least we may possibly know where you work now. Not many of the firms in Alexandria do litigation, at least in any sizeable amount, no? Most are there to be close to the PTO.

Best of luck. Assuming you actually got the offer, you probably will fit right in. That is, if you don't cut yourself up first.
Yes, I already told you in the previous post that I "want it bad."  Is that what you mean?  And patentjd, as it turns out, is definitely a "sockpuppet."  You caught me - not my real name.  But wouldn't that have been funny if my mom had named me Patent JD?  Then you'd probably feel really bad for making fun of my sock/name, right?  Do most people use their real names here?  Your name can't really be Horse Shit, can it?  That would be too ironic.

A bigtique next to the PTO with an office in NY?  Lit and pros?  If you can't figure that one out, I'll send you a PM and spell it out for you.

Cut myself up?  wtf?
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horsechute

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Re: Practicing Law while an Examiner?
« Reply #9 on: 03-02-11 at 08:16 pm »

WIB, you are rambling and wasting bandwidth, and I am beginning to think you have a delusional disorder with paranoid tendencies instead. I won't complain if you use my moniker.
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