37 CFR 41.5 — Counsel
Ninth Edition, Revision 01.2024
While the Board has jurisdiction:
- (a) Appearance pro hac vice. The Board may authorize a person other than a registered practitioner to appear as counsel in a specific proceeding.
- (b)
Disqualification. (1) The Board may disqualify counsel
in a specific proceeding after notice and an opportunity to be heard.
- (2) A decision to disqualify is not final for the purposes of judicial review until certified by the Chief Administrative Patent Judge.
- (c)
Withdrawal. Counsel may not withdraw from a proceeding
before the Board unless the Board authorizes such withdrawal.
See §
11.116
of this
subchapter regarding conditions for withdrawal.
- (d) Procedure. The Board may institute a proceeding under this section on its own or a party in a contested case may request relief under this section.
- (e) Referral to the Director of Enrollment and Discipline. Possible violations of the disciplinary rules in part 11 of this subchapter may be referred to the Office of Enrollment and Discipline for investigation. See § 11.22 of this subchapter.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (e) revised, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008; para. (c) revised, 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]
Cited authority
Cited by
- 1002.02(j) Petitions Decided by the Patent Trial and Appeal Board
- 1702 Restrictions on Current and Former Office Employees Regarding Patent Matters
- 402.01 Limited Recognition in Patent Matters
- 402.06 Attorney or Agent Withdraws
- 37 CFR 1.36 Revocation of power of attorney; withdrawal of patent attorney or agent
- 37 CFR 1.36 (pre-AIA) Revocation of power of attorney; withdrawal of patent attorney or agent
- 37 CFR 11.6 Registration of attorneys and agents
- 37 CFR 11.10 Restrictions on practice in patent matters; former and current Office employees; government employees
- 37 CFR 11.19 Disciplinary jurisdiction; grounds for discipline and for transfer to disability inactive status