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	<title>Comments on: Advising Clients About The Duty Of Candor &#8211; Part I</title>
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	<link>http://patentablydefined.com/2007/06/29/advising-clients-about-the-duty-of-candor/</link>
	<description>A practical patent prosecution blog published by Michael Kondoudis</description>
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		<title>By: mike</title>
		<link>http://patentablydefined.com/2007/06/29/advising-clients-about-the-duty-of-candor/comment-page-1/#comment-38</link>
		<dc:creator>mike</dc:creator>
		<pubDate>Mon, 09 Jul 2007 11:55:16 +0000</pubDate>
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		<description>Len - Thank you for your interest in this blog and for taking the time to leave a comment.

I think that you raise a great point.  Determinations of how much information to provide to a client and/or the best way to express that information are important.  These determinations, however, turn on many considerations such as the technical/legal savvy of a client, a client&#039;s instructions/requests/preferences, prior dealings with a client, and one&#039;s professional judgment.  Consequently, the answers are going to be different for every client and whether a particular explanation of the duty of candor is &quot;too technical&quot; or provides &quot;far too much&quot; information may be difficult to ascertain without considering the circumstances of a specific representation.  The same reasoning applies to whether one wishes to advise a client of potential fees before incurring them or of information that may be necessary to avoid having to file an RCE.  After all, attorneys do not pay the government fees (we &quot;advance them&quot; as a courtesy to our clients) and do not provide statements (clients affirm whether such statements can properly be made after careful investigation). And, as for the accuracy of the paragraph, it is accurate for a very specific stage of prosecution and intentionally explains the prerequisites necessary for consideration of an IDS as a matter of right at this specific stage of prosecution.  Of course, if an attorney believes that a client would benefit from an expanded explanation, that attorney should provide that explanation.</description>
		<content:encoded><![CDATA[<p>Len &#8211; Thank you for your interest in this blog and for taking the time to leave a comment.</p>
<p>I think that you raise a great point.  Determinations of how much information to provide to a client and/or the best way to express that information are important.  These determinations, however, turn on many considerations such as the technical/legal savvy of a client, a client&#8217;s instructions/requests/preferences, prior dealings with a client, and one&#8217;s professional judgment.  Consequently, the answers are going to be different for every client and whether a particular explanation of the duty of candor is &#8220;too technical&#8221; or provides &#8220;far too much&#8221; information may be difficult to ascertain without considering the circumstances of a specific representation.  The same reasoning applies to whether one wishes to advise a client of potential fees before incurring them or of information that may be necessary to avoid having to file an RCE.  After all, attorneys do not pay the government fees (we &#8220;advance them&#8221; as a courtesy to our clients) and do not provide statements (clients affirm whether such statements can properly be made after careful investigation). And, as for the accuracy of the paragraph, it is accurate for a very specific stage of prosecution and intentionally explains the prerequisites necessary for consideration of an IDS as a matter of right at this specific stage of prosecution.  Of course, if an attorney believes that a client would benefit from an expanded explanation, that attorney should provide that explanation.</p>
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		<title>By: Len</title>
		<link>http://patentablydefined.com/2007/06/29/advising-clients-about-the-duty-of-candor/comment-page-1/#comment-31</link>
		<dc:creator>Len</dc:creator>
		<pubDate>Thu, 05 Jul 2007 14:26:18 +0000</pubDate>
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		<description>I agree it is important to communicate to clients their responsibility during pendency of patent applications.  One good idea is to continue this communication at each stage of prosecution, rather than simply at the time of filing.  However, I believe your paragraphs are too technical for most clients, and they include far more information than necessary.  It is enough for clients to know that they must submit the information, not what we, as attorneys must supply with the information, e.g., fee or statements, etc.  The final paragraph is not even 100% accurate since in many cases, the information submitted after a final rejection will be submitted with an RCE, obviating any fee or statement requirement.</description>
		<content:encoded><![CDATA[<p>I agree it is important to communicate to clients their responsibility during pendency of patent applications.  One good idea is to continue this communication at each stage of prosecution, rather than simply at the time of filing.  However, I believe your paragraphs are too technical for most clients, and they include far more information than necessary.  It is enough for clients to know that they must submit the information, not what we, as attorneys must supply with the information, e.g., fee or statements, etc.  The final paragraph is not even 100% accurate since in many cases, the information submitted after a final rejection will be submitted with an RCE, obviating any fee or statement requirement.</p>
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