Ethics and Professional Responsibility Flashcards
7 cards from real Patent Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Ethics and Professional Responsibility flashcards as text
A registered patent agent represents Client A in a patent application. Client B later approaches the agent with a substantially related matter that is directly adverse to Client A. Under the USPTO Rules of Professional Conduct, what must the agent do?
Answer: Decline to represent Client B unless both clients give informed written consent
Under 37 CFR 11.107, a practitioner may not represent a client whose interests are directly adverse to another current client without informed written consent from both.
Under 37 CFR 11.106, which of the following disclosures by a practitioner to a third party is generally PERMITTED without client consent?
Answer: Disclosure impliedly authorized to carry out the representation
A practitioner may disclose information impliedly authorized to carry out the representation, such as filing an application on a client's behalf.
A practitioner learns that a client intends to commit fraud upon the USPTO during prosecution of a patent application. After advising the client not to proceed, the client insists. What is the practitioner's proper course of action under the USPTO rules?
Answer: Withdraw from the representation
Under 37 CFR 11.116, a practitioner must withdraw when continued representation would require assisting in fraudulent or criminal conduct.
Which of the following best describes the duty of candor owed to the USPTO under 37 CFR 11.303?
Answer: A practitioner must not make false statements of law or fact to the USPTO
37 CFR 11.303 prohibits making false statements of material fact or law and requires disclosure of directly adverse controlling authority.
A practitioner who is suspended from practice before the USPTO continues to assist clients by drafting patent claims and having a registered colleague sign the documents. Under the USPTO Rules of Professional Conduct, this conduct is:
Answer: Prohibited because it constitutes assisting an unauthorized practice of patent law
A suspended practitioner may not assist in the unauthorized practice of patent law, and a registered colleague cannot legitimize such conduct by signing off on it.
Under 37 CFR 11.104, a practitioner's duty to keep a client reasonably informed requires:
Answer: Promptly responding to reasonable requests for information and providing updates on case status
37 CFR 11.104 requires prompt responses to reasonable client requests for information and keeping clients informed about significant case developments.
A practitioner represents two co-inventors on a single patent application. After filing, a dispute arises between the inventors about ownership of the invention. What should the practitioner do?
Answer: Withdraw from representing both inventors unless the conflict can be resolved with informed consent
An ownership dispute creates a direct conflict between co-clients, requiring withdrawal unless both provide informed written consent after full disclosure.
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