37 CFR § 11.307 — Practitioner as witness. (MPEP Coverage Index) – BlueIron IP
37 CFR § 11.307 Practitioner as witness.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 11.307, 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 § 11.307 — Practitioner as witness.
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.307 Practitioner as witness.
- (a) A practitioner shall not act as advocate
at a proceeding before a tribunal in which the practitioner is
likely to be a necessary witness unless:
- (1) The testimony relates to an uncontested issue;
- (2) The testimony relates to the nature and value of legal services rendered in the case; or
- (3) Disqualification of the practitioner would work substantial hardship on the client.
- (b) A practitioner may act as advocate in a proceeding before a tribunal in which another practitioner in the practitioner’s firm is likely to be called as a witness unless precluded from doing so by §§ 11.107 or 11.109 .
[Added 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]