USPTO Proposes Updated Professional Conduct Rules

WASHINGTON - The US Department of Commerce’s United States Patent and Trademark Office (USPTO) announced its proposal to update the USPTO Code of Professional Responsibility to conform to the Model Rules of Professional Conduct of the American Bar Association (ABA), versions of which have been adopted by 49 states and the District of Columbia. A press release by the Office stated that the USPTO is seeking public comments on the proposal for a period of 60 days, ending December 17, 2012.

This proposed rule package adopts most ABA provisions wholesale or with minor revisions and codifies many professional responsibility obligations that already apply to the practice of law. Specifically, the proposed rules will streamline practitioners’ professional responsibility obligations, bringing USPTO obligations in line with most practitioners’ state bar requirements. The package also proposes to eliminate the annual practitioner maintenance fee.

A comparison chart of the ABA Model Rules of Professional Conduct and the proposed USPTO Rules of Professional Conduct, along with information regarding the package is located on the USPTO’s website at: www.uspto.gov/ip/boards/oed/ethics.jsp.