[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR10.89]

[Page 357-358]
 
              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. 10.89  Conduct in proceedings.

    (a) A practitioner shall not disregard or advise a client to 
disregard any provision of this Subchapter or a decision of the Office 
made in the course of a proceeding before the Office, but the 
practitioner may take appropriate steps in good faith to test the 
validity of such provision or decision.
    (b) In presenting a matter to the Office, a practitioner shall 
disclose:
    (1) Controlling legal authority known to the practitioner to be 
directly adverse to the position of the client and which is not 
disclosed by opposing counsel or an employee of the Office.
    (2) Unless privileged or irrelevant, the identities of the client 
the practitioner represents and of the persons who employed the 
practitioner.
    (c) In appearing in a professional capacity before a tribunal, a 
practitioner shall not:

[[Page 358]]

    (1) State or allude to any matter that the practitioner has no 
reasonable basis to believe is relevant to the case or that will not be 
supported by admissible evidence.
    (2) Ask any question that the practitioner has no reasonable basis 
to believe is relevant to the case and that is intended to degrade a 
witness or other person.
    (3) Assert the practitioner's personal knowledge of the facts in 
issue, except when testifying as a witness.
    (4) Assert the practitioner's personal opinion as to the justness of 
a cause, as to the credibility of a witness, as to the culpability of a 
civil litigant, or as to the guilt or innocence of an accused; but the 
practitioner may argue, on the practitioner's analysis of the evidence, 
for any position or conclusion with respect to the matters stated 
herein.
    (5) Engage in undignified or discourteous conduct before the Office 
(see Sec. 1.3 of the subchapter).
    (6) Intentionally or habitually violate any provision of this 
subchapter or established rule of evidence.