[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR10.10]

[Page 358-359]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--
Table of Contents
 
Sec. 10.10  Restrictions on practice in patent cases.

    (a) Only practitioners who are registered under Sec. 10.6 or 
individuals given limited recognition under Sec. 10.9 will be permitted 
to prosecute patent applications of others before the Office.
    (b) No individual who has served in the patent examining corps of 
the Office may practice before the Office after termination of his or 
her service, unless he or she signs a written undertaking,
    (1) Not to prosecute or aid in any manner in the prosecution of any 
patent application pending in any patent

[[Page 359]]

examining group during his or her period of service therein and
    (2) Not to prepare or prosecute or to assist in any manner in the 
preparation or prosecution of any patent application of another (i) 
assigned to such group for examination and (ii) filed within two years 
after the date he or she left such group, without written authorization 
of the Director. Associated and related classes in other patent 
examining groups may be required to be included in the undertaking or 
designated classes may be excluded from the undertaking. When an 
application for registration is made after resignation from the Office, 
the applicant will not be registered if he or she has prepared or 
prosecuted or assisted in the preparation or prosecution of any patent 
application as indicated in the paragraph. Knowingly preparing or 
prosecuting or providing assistance in the preparation or prosecution of 
any patent application contrary to the provisions of this paragraph 
shall constitute misconduct under Sec. 10.23(c)(13) of this part.
    (c) A practitioner who is an employee of the Office cannot prosecute 
or aid in any manner in the prosecution of any patent application before 
the Office.
    (d) Practice before the Office by Government employees is subject to 
any applicable conflict of interest laws, regulations or codes of 
professional responsibility.

(Approved by the Office of Management and Budget under control number 
0651-0012)

[53 FR 38950, Oct. 4, 1988; 53 FR 41278, Oct. 20, 1988]