PTO Ethical Rules
August 14, 2008 on 9:55 am | In Legislation/Regulation, USPTO |Why in the world is it so difficult to find the USPTO Code of Professional Responsibility online?
Why isn’t it clearly linked to on the OED’s website? Seriously! While those rules are hammered into every attorney’s head (they are generally duplicative of our state bar ethics rules), non-attorney practitioners (in my experience) don’t always remember them (e.g., if you advertise on the Internet, Rule §10.32 requires you to “include the name of at least one practitioner responsible for [the advertisement's] content.”).
Where is it located? It is located in MPEP - Appendix R at Section 10 et seq.
For the benefit of future Internet searches, please pardon the following list of keywords:
§ 10.4 Committee on Discipline, § 10.11 Removing names from the register, § 10.14 Individuals who may practice before the Office in trademark and other non-patent cases, § 10.15 Refusal to recognize a practitioner, § 10.18 Signature and certificate for correspondence filed in the Patent and Trademark Office, § 10.20 Canons and Disciplinary Rules, § 10.22 Maintaining integrity and competence of the legal profession, § 10.23 Misconduct, § 10.24 Disclosure of information to authorities, § 10.31 Communications concerning a practitioner’s services, § 10.32 Advertising, § 10.33 Direct contact with prospective clients, § 10.34 Communication of fields of practice, § 10.35 Firm names and letterheads, § 10.36 Fees for legal services, § 10.37 Division of fees among practitioners, § 10.38 Agreements restricting the practice of a practitioner, § 10.39 Acceptance of employment, § 10.40 Withdrawal from employment, § 10.47 Aiding unauthorized practice of law, § 10.48 Sharing legal fees, § 10.49 Forming a partnership with a non-practitioner, § 10.57 Preservation of confidences and secrets of a client, § 10.62 Refusing employment when the interest of the practitioner may impair the practitioner’s independent professional judgment, § 10.63 Withdrawal when the practitioner becomes a witness, § 10.64 Avoiding acquisition of interest in litigation or proceeding before the Office, § 10.65 Limiting business relations with a client, § 10.66 Refusing to accept or continue employment if the interests of another client may impair the independent professional judgment of the practitioner, § 10.67 Settling similar claims of clients, § 10.68 Avoiding influence by others than the client, § 10.77 Failing to act competently, § 10.78 Limiting liability to client, § 10.84 Representing a client zealously, § 10.85 Representing a client within the bounds of the law, § 10.87 Communicating with one of adverse interest, § 10.88 Threatening criminal prosecution, § 10.89 Conduct in proceedings, § 10.92 Contact with witnesses, § 10.93 Contact with officials, § 10.101 Action as a public official, § 10.102 Statements concerning officials, § 10.103 Practitioner candidate for judicial office, § 10.111 Avoiding even the appearance of impropriety, § 10.112 Preserving identity of funds and property of client, § 10.130 Reprimand, suspension or exclusion, § 10.131 Investigations, § 10.132 Initiating a disciplinary proceeding; reference to an administrative law judge, § 10.133 Conference between Director and practitioner; resignation, § 10.134 Complaint, § 10.135 Service of complaint, § 10.136 Answer to complaint, § 10.137 Supplemental complaint, § 10.138 Contested case, § 10.139 Administrative law judge; appointment; responsibilities; review of interlocutory orders; stays, § 10.140 Representative for Director or respondent, § 10.141 Filing of papers, § 10.142 Service of papers, § 10.143 Motions, § 10.144 Hearings, § 10.145 Proof; variance; amendment of pleadings, § 10.149 Burden of proof, § 10.150 Evidence, § 10.151 Depositions, § 10.152 Discovery, § 10.153 Proposed findings and conclusions; post- hearing memorandum, § 10.154 Initial decision of administrative law judge, § 10.155 Appeal to the Commissioner, § 10.156 Decision of the Commissioner, § 10.157 Review of Commissioner’s final decision, § 10.158 Suspended or excluded practitioner, § 10.159 Notice of suspension or exclusion, § 10.160 Petition for reinstatement, § 10.161 Savings clause, § 10.170 Suspension of rules.
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