Legal Definitions - PTO Code of Professional Responsibility

The PTO Code of Professional Responsibility is a set of rules and ethical guidelines that must be followed by anyone practicing before the U.S. Patent and Trademark Office. These rules are designed to ensure that patent and trademark attorneys and agents maintain the highest standards of professionalism and ethical conduct.

The Code is outlined in 37 CFR §§ 10.20–10.112 and covers a wide range of topics, including conflicts of interest, confidentiality, and the duty to provide competent representation to clients.

• An attorney who represents a client in a patent application must disclose any potential conflicts of interest, such as a personal or financial relationship with the inventor or a competitor.
• A trademark agent must maintain the confidentiality of any information provided by a client, including trade secrets and other proprietary information.
• An attorney must provide competent representation to a client, which includes staying up-to-date on changes in patent and trademark law and ensuring that all filings and communications with the PTO are accurate and complete.

These examples illustrate how the PTO Code of Professional Responsibility applies to different aspects of practicing before the U.S. Patent and Trademark Office. By following these rules and guidelines, attorneys and agents can help ensure that the patent and trademark system operates fairly and efficiently for all parties involved.