For patent attorneys, the purest intentions are never an adequate shield against
ethical challenges. In the last few years both the number of malpractice cases and
the size of damage awards have soared. See, Bambrogi, Patent Malpractice
Claims Hit Firms, National Law Journal, (Dec 10, 2007). This has been fueled by
recent high-profile cases such as Fish & Richardson's $30M mistake in missing a
foreign filing deadline. These cases have piqued the interest of plaintiff's lawyers,
which has in turn raised insurance rates. Indeed, some insurers have stopped
underwriting the specialty altogether. The dynamics will inevitably make it more
difficult for individuals and smaller companies to afford patent representation.
Philosophical pros and cons aside, a patent attorney must sharpen their ethics
knowledge, fully educate their clients, and document everything. This article by Ober|Kaler's Roy Craig is the
first in a series designed to spotlight some of the ethical "grey areas."
Please see full publication below for more information.