Can a division of a fee between practitioners who are not in the same firm may be made?
A division of a fee between practitioners who are not in the same firm may be made only if:
- The division is in proportion to the services performed by each practitioner or each practitioner assumes joint responsibility for the representation;
- The client agrees to the arrangement, including the share each practitioner will receive, and the agreement is confirmed in writing; and
- The total fee is reasonable.
The answer to this question can be found in the PTO supplement known as, Changes to Representation of Others Before the USPTO Final Rules. This supplement covers the representation of others. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam.
This question and answer comes from 11.105.
11.105 covers fees.