37 CFR 42.10: Counsel

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

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42.10    Counsel.

  • (a) If a party is represented by counsel, the party must designate a lead counsel and at least one back-up counsel who can conduct business on behalf of the lead counsel.
  • (b) A power of attorney must be filed with the designation of counsel, except the patent owner should not file an additional power of attorney if the designated counsel is already counsel of record in the subject patent or application.
  • (c) The Board may recognize counsel pro hac vice during a proceeding upon a showing of good cause, subject to the condition that lead counsel be a registered practitioner and to any other conditions as the Board may impose. For example, where the lead counsel is a registered practitioner, a motion to appear pro hac vice by counsel who is not a registered practitioner may be granted upon showing that counsel is an experienced litigating attorney and has an established familiarity with the subject matter at issue in the proceeding.
  • (d) A panel of the Board may disqualify counsel for cause after notice and opportunity for hearing. A decision to disqualify is not final for the purposes of judicial review until certified by the Chief Administrative Patent Judge.
  • (e) Counsel may not withdraw from a proceeding before the Board unless the Board authorizes such withdrawal.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012; para. (a) revised, 80 FR 28561, May 19, 2015, effective May 19, 2015]