On November 3, 2017, the United States Patent and Trade Office (USPTO) announced that the agency’s Office of Enrollment and Discipline (OED) will be launching a two-year pilot diversion program for patent and trademark practitioners who commit minor ethical lapses without causing actual client harm.
The program is a chance for practitioners to avoid discipline by taking affirmative steps to rectify the underlying issue that caused their misconduct. The motivation behind the program came from a recent study which found high levels of drinking, substance abuse and depression among American lawyers. The USPTO hopes that the diversion program will help put lawyers suffering from addiction or mental health issues on the path to resolve their misconduct and prevent future misconduct.
However, not everyone will qualify for the pilot program. For example, practitioners cannot participate if they have been publicly disciplined in the past three years. In addition, practitioners cannot take part if the misconduct includes (1) misappropriation of funds or dishonesty, deceit, fraud or misrepresentation; (2) substantial prejudice to anyone; (3) serious crime; or (4) anything resembling prior misconduct in the past five years.
The USPTO expects and anticipates that the program will further the mission of protecting the public by strengthening the skills and abilities of USPTO practitioners.
To read the OED Diversion Pilot Program click here.
To read the full USPTO article click here.
To read the study mentioned click here.
