Patent Ethics & 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 Patent Ethics & Professional Responsibility flashcards as text
A practitioner discovers that a prior attorney who handled the same patent matter engaged in fraud on the USPTO. The current practitioner has no personal involvement. What is the appropriate action?
Answer: Advise the client of the situation, and if corrective action is warranted, take steps to correct the record with client consent
Upon discovering prior fraud, the current practitioner should advise the client and, with client consent, take corrective steps; unilateral disclosure to OED without client consent is generally not required.
Under 37 C.F.R. § 11.116, a practitioner may withdraw from representation without client consent if:
Answer: Withdrawal can be accomplished without material adverse effect on the client's interests
Permissive withdrawal without consent is allowed when it can be accomplished without material adverse effect on the client; other grounds require notice and protection steps.
What is the consequence of a registered practitioner who is suspended from a state bar due to a disciplinary matter?
Answer: The USPTO OED may independently discipline the practitioner based on the state bar suspension
A state bar suspension may trigger independent OED disciplinary proceedings; however, USPTO discipline is its own proceeding and does not automatically mirror state bar outcomes.
An examiner contacts a practitioner ex parte during prosecution to discuss the application informally without the client present. What should the practitioner do?
Answer: Participate in the interview but ensure the client is informed and that a proper interview summary is filed
Examiner interviews are permitted and valuable, but the practitioner must notify the client and file a proper interview summary to maintain a complete prosecution record.
A registered practitioner assists a non-registered person in preparing and filing a patent application for a third party. What rule does this violate?
Answer: It constitutes aiding the unauthorized practice of patent law before the USPTO
Assisting a non-registered individual in performing acts that constitute USPTO practice constitutes aiding the unauthorized practice of law, which is prohibited under USPTO conduct rules.
Which of the following best describes a practitioner's duty regarding competence in a highly specialized technology area they are unfamiliar with?
Answer: Accept the matter only if the practitioner can achieve necessary competence through study or by associating with a competent practitioner
The duty of competence allows a practitioner to handle unfamiliar technology if they can achieve competence through study or by associating with a competent colleague in that field.
A practitioner fails to respond to an Office Action due to a calendaring error, causing abandonment of the client's application. Which of the following best describes the practitioner's obligations?
Answer: File a petition to revive on the basis of unintentional delay and inform the client of the error and its consequences
The practitioner must seek revival for unintentional delay, disclose the error to the client, and may face malpractice liability for the mistake.
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