Rule 6-26.4 - RECERTIFICATION(a) Substantial Involvement. The applicant must demonstrate continuous and substantial involvement in matters involving intellectual property law throughout the period since the last date of certification or recertification by demonstrating that intellectual property law comprises at least 30 percent of the applicant's practice. During the 5 years immediately preceding application, the applicant must comply with the requirements in at least 1 of the following categories. (1)Patent Application Prosecution. The applicant must have handled a minimum of 30 patent matters that involved representation of a client with senior-level responsibility. The applicant may provide verified substantial involvement in patent matters at a government agency in lieu of representation of clients to satisfy part of the 30 patent matters for good cause shown. Verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency.(2)Patent Infringement Litigation. The applicant must have handled a minimum of 5 contested matters in litigation or on appeal with senior-level responsibility in which there was an adjudicated decision. The applicant may substitute completion of an approved, multi-day, intensive advocacy-training course where the applicant performed and was satisfactorily critiqued by recognized experts for 2 of the 5 contested matters. The applicant may serve as a judge or an arbitrator in a contested matter involving an adjudicated decision concerning a patent, or may serve as an advocacy instructor in an intellectual property law continuing legal education program in lieu of senior-level responsibility as an advocate for a party to satisfy the 5 contested matters in part for good cause shown. The board of legal specialization and education or intellectual property law certification committee may consider substantial involvement in other areas of intellectual property law to demonstrate overall proficiency.(3)Trademark Law. The applicant must have handled either a minimum of 4 contested matters or 15 responses to substantive refusals of the application. In addition, an applicant must have engaged in at least 300 hours each year in the practice of law in which the applicant had substantial and direct senior-level participation in legal matters involving trademark law. Two contested matters involving in the aggregate no less than 2 days of in-session hearing or trial satisfy the requirement of 4 contested matters. The board of specialization and education or intellectual property law certification committee may consider verified substantial involvement in a combination of contested matters and responses to substantive refusals resulting in allowance in satisfaction of the minimum number of matters in whole or part for good cause shown. The applicant may serve as a judge or an arbitrator in a contested matter involving an adjudicated decision concerning a trademark or may serve as an advocacy instructor in an intellectual property continuing legal education program, in lieu of senior-level responsibility as an advocate for a party. The board of specialization and education or intellectual property law certification committee may consider verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency. (4)Copyright Law. The applicant must have handled a minimum of 30 matters with senior-level responsibility that involved representation of a client. The applicant may serve as a judge or an arbitrator in a contested matter involving an adjudicated decision concerning a copyright or may serve as an advocacy instructor in an intellectual property law continuing legal education program in lieu of senior-level responsibility as an advocate for a party to satisfy the requirement in whole or part good cause shown. The board of specialization and education or intellectual property law certification committee may consider verified substantial involvement in other areas of intellectual property law may also be considered to demonstrate overall proficiency.(b) Peer Review. The applicant must submit the names and addresses of at least 3 lawyers or judges to complete peer review forms, who neither are relatives nor current associates, partners, or who otherwise practice law in an of-counsel relationship with the applicant. Individuals submitted as references shall be substantially involved in intellectual property law and shall be familiar with the applicant's practice.(c) Education. The applicant must complete 50 hours of approved continuing legal education in intellectual property law since the filing of the last application for certification. Added July 6, 2006, effective 8/1/2006, (SC06 1269), (933 So.2d 1123); Amended 10/3/2008 by The Florida Bar Board of Governors, effective 10/3/2008; amended and effective 12/4/2020 by The Florida Bar Board of Governors.