37 CFR 41.5
Counsel.

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).

Previous Section (§41.4) | Next Section (§41.6)

§41.5 Counsel.

While the Board has jurisdiction:

(a)

Appearance pro hac vice. The Board may authorize a person other than a registered practitioner to appear as counsel in a specific proceeding.

(b)

Disqualification. (1) The Board may disqualify counsel in a specific proceeding after notice and an opportunity to be heard.

(2)

A decision to disqualify is not final for the purposes of judicial review until certified by the Chief Administrative Patent Judge.

(c)

Withdrawal. Counsel may not withdraw from a proceeding before the Board unless the Board authorizes such withdrawal. See § 10.40 of this title regarding conditions for withdrawal.

(d)

Procedure. The Board may institute a proceeding under this section on its own or a party in a contested case may request relief under this section.

(e)

Referral to the Director of Enrollment and Discipline. Possible violations of the disciplinary rules in part 10 of this title may be referred to the Office of Enrollment and Discipline for investigation. See § 10.131 of this title.