37 CFR 205.23
Scope of testimony.
This document contains one section of Chapter 37 of the Code of Federal Regulations. This page was last updated in November, 2005. You may return to the main 37 CFR Index, or to the index for one of the follow parts:
part 1 (patents);
part 2 (trademarks);
part 3 (assignments);
part 10 (representation); or
part 200+ (copyrights).
(2)The General Counsel may authorize an employee to appear and give expert testimony or opinion testimony upon the showing, pursuant to § 205.3 of this part, that exceptional circumstances warrant such testimony and that the anticipated testimony will not be adverse to the interest of the Copyright Office or the United States.
(b)If an Office employee is authorized to testify, the employee will generally be prohibited from providing testimony in response to questions which seek, for example:
(1)To elicit information about the employee's:
(i)Qualifications to examine or otherwise consider a particular copyright application.
(ii)Usual practice or whether the employee followed a procedure set out in any Office manual of practice in a particular case.
(iii)Consultation with another Office employee.
(A)Preexisting works that are similar.
(B)Registered works, works sought to be registered, a copyright application, registration, denial of registration, or request for reconsideration.
(C)Copyright law or other law.
(D)The actions of another Office employee.
(v)Reliance on particular facts or arguments.
(2)To inquire into the manner in and extent to which the employee considered or studied material in performing the function.
(3)To inquire into the bases, reasons, mental processes, analyses, or conclusions of that Office employee in performing the function.
(4)In exceptional circumstances, the General Counsel may waive these limitations pursuant to § 205.3 of this part.