MPEP Q & A 94: When a Concurrent Conflict of Interest Exists

mpep-podcast-800

Question:

Except as provided in 37 C.F.R. 11.107 (b), a practitioner shall not represent a client if the representation involves a concurrent conflict of interest. When does a concurrent conflict of interest exist?

Answer:

A concurrent conflict of interest exists if:

  • The representation of one client will be directly adverse to another client; or
  • There is a significant risk that the representation of one or more clients will be materially limited by the practitioner’s responsibilities to another client, a former client or a third person or by a personal interest of the practitioner.

Chapter Details:

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.

Section Summary:

This question and answer comes from 11.107 Conflict of interest; Current clients.

11.107 Conflict of interest; Current clients:

(a) Except as provided in paragraph (b) of this section, a practitioner shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) The representation of one client will be directly adverse to another client; or
(2) There is a significant risk that the representation of one or more clients will be materially limited by the practitioner’s responsibilities to another client, a former client or a third person or by a personal interest of the practitioner.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a) of this section, a practitioner may represent a client if:

(1) The practitioner reasonably believes that the practitioner will be able to provide competent and diligent representation to each affected client;
(2) The representation is not prohibited by law;
(3) The representation does not involve the assertion of a claim by one client against another client represented by the practitioner in the same litigation or other proceeding before a tribunal; and
(4) Each affected client gives informed consent, confirmed in writing.

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>