37 CFR 41.5: Counsel

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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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 § 11.116 of this subchapter 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 11 of this subchapter may be referred to the Office of Enrollment and Discipline for investigation. See § 11.22 of this subchapter.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (e) revised, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008; para. (c) revised, 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]