On Wednesday, October 25, 2023, the Supreme Court of Tennessee at Nashville issued a notice of reciprocal discipline against Attorney Larry Wayne Brantley.

The case is titled ‘In the Matter of Larry Wayne Brantley’ with case no. M2023-01490-SC-BAR-BP.

The cited misconduct relates to Attorney Brantley’s paid legal practice before the United States Patent and Trademark Office (USPTO) while being a federal employee.

Attorney Brantley became a registered patent practitioner in 2000 and was hired by the U.S. Army Aviation and Missile Command as a patent attorney in 2011. The Army approved Attorney Brantley’s request to practice law outside his Army employment in May 2011 but prohibited him from representing clients before the USPTO or any U.S. government agency. Attorney Brantley’s authorization was revoked in 2013, then reapproved in July 2013 and May 2014 with the same restrictions.

The USPTO Final Order details that while a federal employee, Attorney Brantley provided paid legal services to private clients that constituted practice before the USPTO, including drafting and filing patent applications, despite not being listed as attorney of record.

In September 2020, the Army suspended Attorney Brantley for 14 days for prohibited outside employment. This was held in abeyance pending the successful completion of a probationary period, which Brantley completed.

The USPTO publicly reprimanded Attorney Brantley and imposed a 36-month probationary period with conditions. Attorney Brantley agreed to the discipline and waived his right to appeal.

Consequently, the Supreme Court of Tennessee issued a notice of reciprocal discipline. The notice orders Attorney Brantley to inform the Court within 30 days why reciprocal discipline should not be imposed based on the grounds in Rule 9, Section 25.4. The notice warns that if Brantley does not respond within 30 days demonstrating the grounds in Section 25.4, the Court will impose identical discipline based on the attached Final Order from the United States Patent and Trademark Office.

According to Avvo, Attorney Larry Wayne Brantley is an intellectual property lawyer based in Huntsville, Alabama. He attended the University of Alabama School of Law. He acquired his license to practice in Tennessee in 2015.

A copy of the original filing can be found here.