37 CFR § 11.110 — Imputation of conflicts of interest; (MPEP Coverage Index) – BlueIron IP
37 CFR § 11.110 Imputation of conflicts of interest;
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 11.110, including 0 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Official MPEP § 11.110 — Imputation of conflicts of interest;
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.110 Imputation of conflicts of interest; General rule.
- (a) While practitioners are associated in a
firm, none of them shall knowingly represent a client when any one
of them practicing alone would be prohibited from doing so by §§
11.107
or
11.109
,
unless:
- (1) The prohibition is based on a personal interest of the disqualified practitioner and does not present a significant risk of materially limiting the representation of the client by the remaining practitioners in the firm; or
- (2) The prohibition is based upon §
11.109(a) or
(b)
, and arises out of the disqualified
practitioner’s association with a prior firm, and
- (i) The disqualified practitioner is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
- (ii) Written notice is promptly given to any affected former client to enable the former client to ascertain compliance with the provisions of this section, which shall include a description of the screening procedures employed; a statement of the firm’s and of the screened practitioner’s compliance with the USPTO Rules of Professional Conduct; a statement that review may be available before a tribunal; and an agreement by the firm to respond promptly to any written inquiries or objections by the former client about the screening procedures.
- (b) When a practitioner has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated practitioner and not currently represented by the firm, unless:
- (c) A disqualification prescribed by this section may be waived by the affected client under the conditions stated in § 11.107 .
- (d) The disqualification of practitioners associated in a firm with former or current Federal Government lawyers is governed by § 11.111 .
[Added 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]