37 CFR § 11.804 — Misconduct. (MPEP Coverage Index) – BlueIron IP
37 CFR § 11.804 Misconduct.
This page consolidates MPEP guidance interpreting 37 CFR § 11.804, 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
Patent practitioners must not make improper inquiries of members of the patent examining corps and the Office as a whole, as per MPEP Section 37 CFR 11.804.
What this section covers
- This section covers interactions between patent practitioners and members of the patent examining corps and the Office as a whole.
Key obligations
- Patent practitioners must avoid making improper inquiries of members of the patent examining corps and the Office as a whole.
- Adherence to 37 CFR 11.804 is a key compliance obligation.
Practice notes
- Practitioners should ensure all inquiries are professional and not seek confidential information.
Official MPEP § 11.804 — Misconduct.
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.804 Misconduct.
It is professional misconduct for a practitioner to:
- (a) Violate or attempt to violate the USPTO Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
- (b) Commit a criminal act that reflects adversely on the practitioner’s honesty, trustworthiness, or fitness as a practitioner in other respects, or be convicted of a crime that reflects adversely on the practitioner’s honesty, trustworthiness, or fitness as a practitioner in other respects;
- (c) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
- (d) Engage in conduct that is prejudicial to the administration of justice;
- (e) State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the USPTO Rules of Professional Conduct or other law;
- (f) Knowingly assist a judge, hearing officer, administrative law judge, administrative patent judge, administrative trademark judge, or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law;
- (g) Knowingly assist an officer or employee of the Office in conduct that is a violation of applicable rules of conduct or other law;
- (h) Be publicly disciplined on ethical or
professional misconduct grounds by any duly constituted authority
of:
- (1) A State,
- (2) The United States, or
- (3) A country having disciplinary jurisdiction over the practitioner; or
- (i) Engage in other conduct that adversely reflects on the practitioner’s fitness to practice before the Office.
[Added 78 FR 20180, Apr. 3, 2013, effective May 3, 2013; paras. (b) and (h) revised, 86 FR 28442, May 26, 2021, effective June 25, 2021]
| MPEP Section | Rules |
|---|---|
| MPEP § 2212.01 |