MPEP Q & A 153: When Will a Practitioner be Responsible for Another Practitioner’s Violation of the USPTO Rules of Professional Conduct?

mpep-podcast-800

Question:

When will a practitioner be responsible for another practitioner’s violation of the USPTO Rules of Professional Conduct?

Answer:

A practitioner shall be responsible for another practitioner’s violation of the USPTO Rules of Professional Conduct if:

  • The practitioner orders or, with knowledge of the specific conduct, ratifies the conduct involved; or
  • The practitioner is a partner or has comparable managerial authority in the law firm in which the other practitioner practices, or has direct supervisory authority over the other practitioner, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

Chapter Details:

The answer to this question can be found in the following supplement: Changes to Representation of Others Before the USPTO Final Rules. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam. Depending on future changes to the supplement and the MPEP, the question and answer may not be applicable.

Section Summary:

This question and answer comes from the following supplement: Changes to Representation of Others Before the USPTO Final Rules. It specifically comes from 37 C.F.R. 11.501 which covers responsibilities of partners, managers, and supervisory practitioners.