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“I think a body of law will have to develop under [the new] misconduct rule,” Hoover said. “I don’t know what actions I take would be deemed misconduct,” he added.
Hoover also noted that attorneys and patent agents are already governed by ethical rules in every state and the patent office’s ethical rules.
Fleming said the board has “always employed sanctions,” but the rules make it clear that the chief administrative patent judge or an expanded panel can administer them.
He also emphasized that the board would use great restraint when imposing sanctions, and would publish an opinion to explain why it was necessary. “It’s not our intent to intimidate,” Fleming said. “Our intent was to make clear what our inherent authority is and to put restraints on it. This really is going to be monitored closely by [me],” he added.
Sheri Qualters is a reporter with The National Law Journal, a Recorder affiliate based in New York City.
