Patent Bar Exam Ethics and Professional Responsibility 2

Question 1

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?

Accepted Answer

Decline to represent Client B unless both clients give informed written consent

Answer

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.

Question 2

Under 37 CFR 11.106, which of the following disclosures by a practitioner to a third party is generally PERMITTED without client consent?

Accepted Answer

Disclosure impliedly authorized to carry out the representation

Answer

A practitioner may disclose information impliedly authorized to carry out the representation, such as filing an application on a client's behalf.

Question 3

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?

Accepted Answer

Withdraw from the representation

Answer

Under 37 CFR 11.116, a practitioner must withdraw when continued representation would require assisting in fraudulent or criminal conduct.

Question 4

Which of the following best describes the duty of candor owed to the USPTO under 37 CFR 11.303?

Accepted Answer

A practitioner must not make false statements of law or fact to the USPTO

Answer

37 CFR 11.303 prohibits making false statements of material fact or law and requires disclosure of directly adverse controlling authority.

Question 5

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:

Accepted Answer

Prohibited because it constitutes assisting an unauthorized practice of patent law

Answer

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.

Patent Bar Exam Practice Test

Patent Bar Exam Practice Test

Patent Bar Exam Ethics and Professional Responsibility 2