Patented Censure

A public censure was imposed on an attorney by the New York Appellate Division for the Second Judicial Department

The respondent resides in North Carolina and is a member of the North Carolina Bar. He is a registered patent agent and patent attorney. His practice focuses on patent and trademark matters.

In February 2007, the respondent agreed to represent a client, David Abels, in a patent matter, which included the drafting and filing of a United States nonprovisional application and/or a Patent Corporation Treaty (hereinafter PCT) international application claiming priority to a prior provisional application filed by the client. The subject application was intended to preserve priority rights and had to be filed by January 16, 2008. The respondent failed to file the type of application for which he had been retained, as he mistakenly concluded that the subject application would be of no benefit since it related to a prior version of the product. Without ever consulting his client, the respondent directed a paralegal at his firm to prepare and file a nonprovisional application and a PCT application that removed claims for priority. As a consequence of the respondent’s mistake, his client did not have priority to the provisional application. The respondent and his client settled a civil lawsuit regarding the matter for $175,000.

The respondent understood that his conduct deviated from the ethical standards and disciplinary rules of the USPTO Code of Professional Responsibility. He was remorseful. He had no prior disciplinary history before the Office of Enrollment and Discipline.

He had accepted a reprimand by the USPTO. (Mike Frisch)