AIA and Patent Prosecution: Navigating the Ethical Grey Areas

July 24, 2013 | 1:00 p.m. ET | Strafford Webinar/Teleconference

This CLE webinar will provide patent counsel guidance on the legal ethics implications of the new patent system and recent changes in patent law. The panel will offer best practices for staying on the right side of the ethical line in patent prosecution.


The America Invents Act (AIA) revamped patent laws but exposed patent counsel to new legal ethics risks. Ethical challenges have arisen from many of the changes in patent prosecution, including the switch to the first-to-file system.

While the AIA leaves the best mode requirement in place, the best mode defense that a patent is invalid or unenforceable for failure to disclose the best mode is no longer an option. If a client does not want to disclose the best mode, counsel may face a conflict of interest or at the very least would be committing a fraud on the office to go forward with preparing and filing an application knowing the best mode is not recited.

Patent counsel must understand the new ethics considerations that arise from complying with AIA in patent prosecution. Counsel must also understand emerging ethical grey areas and where to draw the line to avoid violating legal ethical rules.

Listen as our authoritative panel of patent attorneys examines the new ethical landscape of first-to-file, the challenges of best mode requirements, and how to avoid and overcome them. The panel will offer best practices for staying on the right side of the legal ethics line in patent prosecution.


  • Mercedes K. Meyer, Partner, Drinker Biddle & Reath, Washington, D.C.
  • Kevin E. Noonan, Ph.D., Partner, McDonnell Boehnen Hulbert & Berghoff LLP, Chicago


Sponsored by: Strafford Publications, Inc.

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