This page consolidates MPEP guidance interpreting 37 CFR § 11.505, including 1 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 prohibitions on practitioners authorizing other registered practitioners to conduct interviews without client informed consent, emphasizing the need for explicit and documented client consent.

What this section covers

• This section covers the prohibition against practitioners authorizing others to conduct interviews unless the client gives informed consent.

Key obligations

• Practitioners cannot authorize other registered practitioners to conduct interviews without client informed consent.
• Obtaining and documenting informed consent from clients is required before authorizing others to conduct interviews.
• Practitioners must ensure the client understands the implications of allowing another practitioner to conduct interviews on their behalf.

Practice notes

• Document the informed consent process and maintain records of client understanding.
• Avoid assuming implied consent without explicit documentation to prevent unauthorized practice claims.

Based on MPEP Last Modified: 10/30/2024 08:50:22