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Old 03-30-2003, 03:24 PM   #12
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Litigation vs. Prosecution

The trend I've noticed among general practice firms with IP practices is that clients will not use the firm that prosecutes their trademark, copyright and patent applications for litigation involving the same types of disputes. There are a number of reasons for this, both ethical and otherwise.

In terms of compliance, I've noticed in my own practice that clients do not want to spend money upfront on compliance -- even so far as making sure all of their employees have signed non-competition agreements/invention assignment agreements. Clients simply don't see the potential problems down the road that will -- not may, but will -- result from failing to do so. If you push the issue, even though you think you're acting in your clients' best insterests, they will think you're trying to generate fees (which is true, but that isn't your main reason).
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