37 CFR § 41.5 — Counsel. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.5 Counsel.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.5, including 2 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 § 41.5 — Counsel.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.5 Counsel.
While the Board has jurisdiction:
- (a) Appearance pro hac vice. The Board may authorize a person other than a registered practitioner to appear as counsel in a specific proceeding.
- (b)
Disqualification. (1) The Board may disqualify counsel
in a specific proceeding after notice and an opportunity to be heard.
- (2) A decision to disqualify is not final for the purposes of judicial review until certified by the Chief Administrative Patent Judge.
- (c)
Withdrawal. Counsel may not withdraw from a proceeding
before the Board unless the Board authorizes such withdrawal.
See §
11.116
of this
subchapter regarding conditions for withdrawal.
- (d) Procedure. The Board may institute a proceeding under this section on its own or a party in a contested case may request relief under this section.
- (e) Referral to the Director of Enrollment and Discipline. Possible violations of the disciplinary rules in part 11 of this subchapter may be referred to the Office of Enrollment and Discipline for investigation. See § 11.22 of this subchapter.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (e) revised, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008; para. (c) revised, 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]