MPEP 400

Question 1

Main CFR covered

Answer 1

37 CFR 11.XXX

Question 2

To absolve a potential conflict of interest, you must:

Answer 2

Believe you can represent both clients, and

get written, informed consent from BOTH parties

Question 3

circumstances in which practitioner MUST decline or terminate representation:

Answer 3

(1) The representation will result in violation of the USPTO Rules of Professional Conduct or other law;
(2) The practitioner’s physical or mental condition materially impairs the practitioner’s ability to represent the client; or
(3) The practitioner is discharged.

Question 4

circumstances in which practitioner MAY decline or terminate representation:

Answer 4

(1) Withdrawal can be accomplished without material adverse effect on the interests of the client;
(2) The client persists in a course of action involving the practitioner’s services that the practitioner reasonably believes is criminal or fraudulent;
(3) The client has used the practitioner’s services to perpetrate a crime or fraud;
(4) A client insists upon taking action that the practitioner considers repugnant or with which the practitioner has a fundamental disagreement;
(5) The client fails substantially to fulfill an obligation to the practitioner regarding the practitioner’s services and has been given reasonable warning that the practitioner will withdraw unless the obligation is fulfilled;
(6) The representation will result in an unreasonable financial burden on the practitioner or has been rendered unreasonably difficult by the client; or
(7) Other good cause for withdrawal exists.

Question 5

To submit a 1.63 Oath/Dec, client must:

Answer 5

Understand the the contents of the application, including the claims

Which precludes signing 1.63 BEFORE application is crafted and reviewed

Question 6

An application may be prosecuted by:

Answer 6

An applicant themselves,

a patent practitioner,

or joint inventors,

except that an organization MUST be represented by a patent practitioner.

Question 7

Oath/Decs in an application by an assignee are______for each inventor

Answer 7

required

Question 8

The Director has the authority to place a practitioner on interim suspension if the practitioner has been:

Answer 8

convicted of a serious crime in a court of the United States.

Question 9

Circumstances in which an S-signature is not acceptable:

Answer 9

when mailing credit card payment (not by EFS)

When filing correspondence relating to ‘enrollment and disciplinary investigations or proceedings’

Question 10

Revocation of power of attorney is effective on:

Answer 10

The date it is received at patent office