- videocam On-Demand Webinar
- signal_cellular_alt Intermediate
- card_travel Patent
- schedule 90 minutes
Patent Prosecution Malpractice: Minimizing the Risk of Claims
Recognizing and Eliminating Problem Behavior, Identifying Client Conflicts, Court Treatment
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About the Course
Introduction
This CLE course will guide patent counsel on minimizing the risk of malpractice claims in patent prosecution. The panel will examine common pitfalls and problematic behavior as well as how the courts have dealt with recent malpractice claims in the patent context.
Description
Malpractice risks for patent practitioners increase with the rising complexity of patent practice. For many companies, the most valuable assets are their IP. Consequently, protecting and enforcing IP rights becomes more critical. With such high stakes, patent counsel are an easy target if something fails during the prosecution process, whether due to missing deadlines or a strategy that does not work.
Malpractice claims may come from the client's belief that not all the patent claims asserted led to a later invalidity determination or an inadequate conflicts check. Malpractice claims against patent attorneys are growing, and patent attorneys should take steps to minimize the likelihood that they could face such claims.
Listen as our authoritative panel discusses where common pitfalls arise and problematic behavior that may lead to claims. The panel will also discuss how the courts have dealt with recent malpractice claims in the patent context and steps counsel can/should take to minimize the likelihood of malpractice. The panel will also address the issue of damages.
Presented By
Mr. McCabe is a registered patent attorney with 20 years of experience representing foreign and domestic entities and individuals across a wide array of technologies in patent and trademark matters before the federal courts and the USPTO. He also represents practitioners involved in claims of professional misconduct, attorney discipline, and ethics matters before the Office of Enrollment and Discipline of the USPTO and the state bars of Maryland, Virginia and the District of Columbia. Mr. McCabe is a former adjunct professor of law at George Mason University School of Law.
Amy E. Richardson is a partner with the law firm of HWG LLP, where she serves as Chair of the Legal Ethics and Malpractice group. Ms. Richardson practices in Washington, D.C. and Raleigh, North Carolina. In addition to handling complex civil litigation, regulatory compliance matters and white collar criminal defense cases, Ms. Richardson counsels and represents lawyers and law firms in disciplinary investigations and prosecutions and malpractice matters. Ms. Richardson’s disciplinary experience includes matters before the USPTO’s Office of Enrollment and Discipline (OED) and the Office of Professional Responsibility (OPR). She counsels and advises lawyers and law firms in partner admissions and departures, and law firm dissolutions. Ms. Richardson has taught ethics and professional responsibility at the Georgetown University Law Center and at Duke University School of Law. Ms. Richardson has received Chambers USA‘s top ranking for white collar crime and government investigations lawyers in North Carolina. She also has been ranked among Business North Carolina magazine’s Legal Elite. Ms. Richardson serves as Vice Chair of the Wake County Commission for Women, as Ethics Chair for the North Carolina Bar Association’s Litigation Council, and Co-Chair of the FCBA Professional Responsibility Committee. She is also a co-founder of the North Carolina Compliance Association, an organization for compliance professionals that focuses on networking, information sharing, and educating members about current compliance issues and regulations. Prior to entering private practice, Ms. Richardson served a judicial clerkship for the Honorable N. Carlton Tilley, Middle District of North Carolina. Ms. Richardson received her J.D., cum laude, from Duke University School of Law and her B.A., summa cum laude, from the University of North Carolina.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, November 13, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Key issues in a malpractice case, including causation
II. Problem behavior and common pitfalls
III. Court treatment
IV. Damages
V. Best practices to minimize the risk of malpractice claims
A. Conflicts checks
B. Intake process
C. Termination letters
D. Firm culture
E. Insurance
The panel will review these and other important issues:
- What behavior could be problematic and put patent counsel at risk of malpractice claims?
- How does patent law representation differ from most other matters in terms of malpractice claims?
- What steps can patent counsel take to minimize the risk of malpractice claims?
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