[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: 37CFR11.1]

[Page 370-372]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 11_REPRESENTATION OF OTHERS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 11.1  Definitions.

                           General Information


    This part governs solely the practice of patent, trademark, and 
other law before the United States Patent and Trademark Office. Nothing 
in this part shall be construed to preempt the authority of each State 
to regulate the practice of law, except to the extent necessary for the 
United States Patent and Trademark Office to accomplish its Federal 
objectives. Unless otherwise clear from the context, the following 
definitions apply to this part:
    Attorney or lawyer means an individual who is a member in good 
standing of the highest court of any State, including an individual who 
is in good standing of the highest court of one State and under an order 
of any court

[[Page 371]]

or Federal agency suspending, enjoining, restraining, disbarring or 
otherwise restricting the attorney from practice before the bar of 
another State or Federal agency. A non-lawyer means a person or entity 
who is not an attorney or lawyer.
    Belief or believes means that the person involved actually supposed 
the fact in question to be true. A person's belief may be inferred from 
circumstances.
    Conviction or convicted means any confession to a crime; a verdict 
or judgment finding a person guilty of a crime; any entered plea, 
including nolo contendre or Alford plea, to a crime; or receipt of 
deferred adjudication (whether judgment or sentence has been entered or 
not) for an accused or pled crime.
    Crime means any offense declared to be a felony or misdemeanor by 
Federal or State law in the jurisdiction where the act occurs.
    Data sheet means a form used to collect the name, address, and 
telephone information from individuals recognized to practice before the 
Office in patent matters.
    Fiscal year means the time period from October 1st through the 
ensuing September 30th.
    Fraud or fraudulent means conduct having a purpose to deceive and 
not merely negligent misrepresentation or failure to apprise another of 
relevant information.
    Good moral character and reputation means the possession of honesty 
and truthfulness, trustworthiness and reliability, and a professional 
commitment to the legal process and the administration of justice, as 
well as the condition of being regarded as possessing such qualities.
    Knowingly, known, or knows means actual knowledge of the fact in 
question. A person's knowledge may be inferred from circumstances.
    Matter means any litigation, administrative proceeding, lobbying 
activity, application, claim, investigation, controversy, arrest, 
charge, accusation, contract, negotiation, estate or family relations 
practice issue, request for a ruling or other determination, or any 
other matter covered by the conflict of interest rules of the 
appropriate Government entity.
    OED means the Office of Enrollment and Discipline.
    OED Director means the Director of the Office of Enrollment and 
Discipline.
    OED Director's representatives means attorneys within the USPTO 
Office of General Counsel who act as representatives of the OED 
Director.
    Office means the United States Patent and Trademark Office.
    Practitioner means:
    (1) An attorney or agent registered to practice before the Office in 
patent matters,
    (2) An individual authorized under 5 U.S.C. 500(b) or otherwise as 
provided by Sec. 10.14(b), (c), and (e) of this subchapter, to practice 
before the Office in trademark matters or other non-patent matters, or
    (3) An individual authorized to practice before the Office in a 
patent case or matters under Sec. 11.9(a) or (b).
    Proceeding before the Office means an application for patent, an 
application for reissue, a reexamination, a protest, a public use 
matter, an inter partes patent matter, correction of a patent, 
correction of inventorship, an application to register a trademark, an 
inter partes trademark matter, an appeal, a petition, and any other 
matter that is pending before the Office.
    Reasonable or reasonably when used in relation to conduct by a 
practitioner means the conduct of a reasonably prudent and competent 
practitioner.
    Registration means registration to practice before the Office in 
patent proceedings.
    Roster means a list of individuals who have been registered as 
either a patent attorney or patent agent.
    Significant evidence of rehabilitation means satisfactory evidence 
that is significantly more probable than not that there will be no 
recurrence in the foreseeable future of the practitioner's prior 
disability or addiction.
    State means any of the 50 states of the United States of America, 
the District of Columbia, and other territories and possessions of the 
United States of America.
    Substantial when used in reference to degree or extent means a 
material matter of clear and weighty importance.

[[Page 372]]

    Suspend or suspension means a temporary debarring from practice 
before the Office or other jurisdiction.
    United States means the United States of America, and the 
territories and possessions the United States of America.
    USPTO Director means the Director of the United States Patent and 
Trademark Office, or an employee of the Office delegated authority to 
act for the Director of the United States Patent and Trademark Office in 
matters arising under this part.