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Patent prosecution bars in litigation

01-02-2012

Paul J. Sutton

Patent attorneys whose practices focus upon both litigation and patent prosecution may find themselves trapped by a little known, court-ordered ‘prosecution bar’.

Patent attorneys whose practices focus upon both litigation and patent prosecution may find themselves trapped by a little known, court-ordered ‘prosecution bar’.

Such an order barring an attorney, or his (or her) law firm, from preparing and prosecuting patent applications directed to specific technologies can have far-reaching negative economic consequences for lawyers. In extreme cases, a law firm may find itself both emotionally and financially embarrassed by being unable to continue to represent significant clients whose products or services embrace such technologies.

Many seasoned patent attorneys enjoy practices which include full-service intellectual property capabilities. Such capabilities typically include engagement in all aspects of IP law, such as preparing and prosecuting patent applications, as well as representing litigants in hard-fought patent infringement actions.


Prosecution bar

WIPR

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