37 CFR 11.804: Misconduct

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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11.804    Misconduct.

It is professional misconduct for a practitioner to:

  • (a) Violate or attempt to violate the USPTO Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
  • (b) Commit a criminal act that reflects adversely on the practitioner’s honesty, trustworthiness or fitness as a practitioner in other respects;
  • (c) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
  • (d) Engage in conduct that is prejudicial to the administration of justice;
  • (e) State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the USPTO Rules of Professional Conduct or other law;
  • (f) Knowingly assist a judge, hearing officer, administrative law judge, administrative patent judge, administrative trademark judge, or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law;
  • (g) Knowingly assist an officer or employee of the Office in conduct that is a violation of applicable rules of conduct or other law;
  • (h) Be publicly disciplined on ethical or professional misconduct grounds by any duly constituted authority of:
    • (1) A State,
    • (2) The United States, or
    • (3) The country in which the practitioner resides; or
  • (i) Engage in other conduct that adversely reflects on the practitioner’s fitness to practice before the Office.
[Added 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]