CFR

10.1—Definitions.

This part governs solely the practice of patent, trademark, and other law before the Patent and Trademark Office. Nothing in this part shall be construed to preempt the authority of each State to regulate the practice of law, except to the extent necessary for the Patent and Trademark Office to accomplish its Federal objectives. Unless otherwise clear from the context, the following definitions apply to this part:

(a) Affidavit means affidavit, declaration under 35 U.S.C. 25 (see §§ 1.68 and 2.20 of this subchapter), or statutory declaration under 28 U.S.C. 1746.

(b) Application includes an application for a design, plant, or utility patent, an application to reissue any patent, and an application to register a trademark.

(c) Attorney or lawyer means an individual who is a member in good standing of the bar of any United States court or the highest court of any State. A “non-lawyer” is a person who is not an attorney or lawyer.

(d) Canon is defined in § 10.20(a).

(e) Confidence is defined in § 10.57(a).

(f) Differing interests include every interest that may adversely affect either the judgment or the loyalty of a practitioner to a client, whether it be a conflicting, inconsistent, diverse, or other interest.

(g) Director means the Director of Enrollment and Discipline.

(h) Disciplinary Rule is defined in § 10.20(b).

(i) Employee of a tribunal includes all employees of courts, the Office, and other adjudicatory bodies.

(j) Giving information within the meaning of § 10.23(c)(2) includes making (1) a written statement or representation or (2) an oral statement or representation.

(k) Law firm includes a professional legal corporation or a partnership.

(l) Legal counsel means practitioner.

(m) Legal profession includes the individuals who are lawfully engaged in practice of patent, trademark, and other law before the Office.

(n) Legal service means any legal service which may lawfully be performed by a practitioner before the Office.

(o) Legal System includes the Office and courts and adjudicatory bodies which review matters on which the Office has acted.

(p) Office means Patent and Trademark Office.

(q) Person includes a corporation, an association, a trust, a partnership, and any other organization or legal entity.

(r) Practitioner means (1) an attorney or agent registered to practice before the Office in patent cases or (2) an individual authorized under 5 U.S.C. 500(b) or otherwise as provided by this subchapter, to practice before the Office in trademark cases or other non-patent cases. A “suspended or excluded practitioner” is a practitioner who is suspended or excluded under § 10.156. A “non-practitioner” is an individual who is not a practitioner.

(s) A proceeding before the Office includes an application, a reexamination, a protest, a public use proceeding, a patent interference, an inter partes trademark proceeding, or any other proceeding which is pending before the Office.

(t) Professional legal corporation means a corporation authorized by law to practice law for profit.

(u) Registration means registration to practice before the Office in patent cases.

(v) Respondent is defined in § 10.134(a)(1).

(w) Secret is defined in § 10.57(a).

(x) Solicit is defined in § 10.33.

(y) State includes the District of Columbia, Puerto Rico, and other Federal territories and possessions.

(z) Tribunal includes courts, the Office, and other adjudicatory bodies.

(aa) United States means the United States of America, its territories and possessions.

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