[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: 37CFR10.64]

[Page 368]
 
              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. 10.64  Avoiding acquisition of interest in litigation or proceeding 
before the Office.

    (a) A practitioner shall not acquire a proprietary interest in the 
subject matter of a proceeding before the Office which the practitioner 
is conducting for a client, except that the practitioner may:
    (1) Acquire a lien granted by law to secure the practitioner's fee 
or expenses; or
    (2) Contract with a client for a reasonable contingent fee; or
    (3) In a patent case, take an interest in the patent as part or all 
of his or her fee.
    (b) While representing a client in connection with a contemplated or 
pending proceeding before the Office, a practitioner shall not advance 
or guarantee financial assistance to a client, except that a 
practitioner may advance or guarantee the expenses of going forward in a 
proceeding before the Office including fees required by law to be paid 
to the Office, expenses of investigation, expenses of medical 
examination, and costs of obtaining and presenting evidence, provided 
the client remains ultimately liable for such expenses. A practitioner 
may, however, advance any fee required to prevent or remedy an 
abandonment of a client's application by reason of an act or omission 
attributable to the practitioner and not to the client, whether or not 
the client is ultimately liable for such fee.