37 CFR § 11.10 — Restrictions on practice in patent matters; (MPEP Coverage Index) – BlueIron IP
37 CFR § 11.10 Restrictions on practice in patent matters;
This page consolidates MPEP guidance interpreting 37 CFR § 11.10, including 13 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.
Summary
This section addresses restrictions on practicing before the Office for former employees who have served in the patent examining corps or elsewhere within the Office, emphasizing post-employment agreements and compliance with USC and CFR requirements.
What this section covers
- Defines that this section addresses restrictions on practicing before the Office for former employees who have served in the patent examining corps or elsewhere within the Office.
- Identifies that this section provides guidance on post-employment agreements for former Office employees who have practiced before the Office.
Key obligations
- States that no individual who has served in the patent examining corps or elsewhere in the Office may practice before the Office after termination of his or her employment.
- States that a post-employment agreement must be in place for former employees who wish to practice before the Office after their termination.
- States that compliance with USC and CFR requirements is necessary for former employees to practice before the Office after their termination.
Practice notes
- Advise practitioners to ensure they have a post-employment agreement in place before practicing before the Office after their termination from the Office.
- Warn practitioners about the potential for disciplinary action if they practice before the Office in violation of these restrictions.
Official MPEP § 11.10 — Restrictions on practice in patent matters;
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.10 Restrictions on practice in patent matters; former and current Office employees; government employees.
- (a) Only practitioners registered under § 11.6 ; individuals given limited recognition under § 11.9(a) or (b) or § 11.16 ; or individuals admitted pro hac vice as provided in § 41.5(a) or 42.10(c) of this chapter are permitted to represent others before the Office in patent matters.
- (b)
Post employment agreement of former Office
employee.
No individual who has served in the patent
examining corps or elsewhere in the Office may practice before the
Office after termination of his or her service, unless he or she
signs a written undertaking agreeing:
- (1) To not knowingly act as an agent, attorney,
or design patent practitioner for or otherwise represent any
other person:
- (i) Before the Office,
- (ii) In connection with any particular patent or patent application,
- (iii) In which said employee participated personally and substantially as an employee of the Office; and
- (2) To not knowingly act within two years after
terminating employment by the Office as agent, attorney, or
design patent practitioner for, or otherwise represent any
other person:
- (i) Before the Office,
- (ii) In connection with any particular patent or patent application,
- (iii) If such patent or patent application was pending under the employee’s official responsibility as an officer or employee within a period of one year prior to the termination of such responsibility.
- (1) To not knowingly act as an agent, attorney,
or design patent practitioner for or otherwise represent any
other person:
[Added, 69 FR 35427, June 24, 2004, effective July 26, 2004; para. (b)(3)(iii) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012; para. (b)(3)(iii) revised, 80 FR 17918, Apr. 2, 2015, effective May 13, 2015; revised, 86 FR 28442, May 26, 2021, effective June 25, 2021; paras. (b)(1) and (b)(2) introductory text revised, 88 FR 78644, Nov. 16, 2023, effective Jan. 2, 2024]
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| MPEP Section | Rules |
|---|---|
| MPEP § 1702 | |
| MPEP § 402.01 |