[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-390832-105":59,"doc-detail-390832-en":130},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":123,"head_meta":125,"extra_data":127,"updated_unix":129},105,"en","professional-responsibility-and-practice-before-the-uspto","Professional Responsibility and Practice Before the USPTO","","Professional Responsibility and Practice Before the USPTO outlines the U.S. Patent and Trademark Office Office of Enrollment and Discipline framework for addressing attorney misconduct and related compliance issues. It details the OED Diversion Program, referencing research on mental health and substance-related challenges among practicing attorneys and describing USPTO’s two-year pilot announced in 2017. The material specifies eligibility limits for diversion and contrasts informal warnings with formal discipline while reviewing select conflict-of-interest cases and relevant regulatory standards under 37 C.F.R. § 11.107(a).",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":45,"@type":76,"position":81},"https://docshare.wps.com/document/religion-spirituality/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/professional-responsibility-and-practice-before-the-uspto/390832/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/professional-responsibility-and-practice-before-the-uspto/390832.png","ImageObject",300,407,{"name":92,"@type":93},"Kurz","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-16","2026-09-25",true,{"@type":102,"interactionType":103,"userInteractionCount":29},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What is the OED Diversion Program and who can participate?","Question",{"text":112,"@type":113},"The OED Diversion Program is a two-year pilot announced by the USPTO on November 3, 2017. It is available to practitioners who engaged in minor misconduct resulting from health issues or practice management issues and that caused little to no harm to the client.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What misconduct is not eligible for diversion?",{"text":117,"@type":113},"Diversion is not available if misconduct involves misappropriation of funds or dishonesty, deceit, fraud, or misrepresentation, or if it results in substantial prejudice. It also excludes serious crimes under 37 C.F.R. § 11.1 and conduct that is part of a pattern or similar misconduct addressed through discipline within the past five years.",{"name":119,"@type":110,"acceptedAnswer":120},"What do the conflict-of-interest rules require under 37 C.F.R. § 11.107(a)?",{"text":121,"@type":113},"A practitioner must not represent a client when the representation involves a concurrent conflict of interest. A concurrent conflict exists if the representation of one client is directly adverse to another, or if there is a significant risk that representation will be materially limited by duties to another client, a former client, a third person, or the practitioner’s personal interests.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},390832,1790369776,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":44,"category_name":45,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":29,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145},2336478945635,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","Professional Responsibility and Practice Before the USPTO  \nWilliam R. Covey  \nDeputy General Counsel for Enrollment and Discipline and Director Office of Enrollment and Discipline  \nUnited States Patent and Trademark Office  \n2  \nOffice of Enrollment and Discipline  \nDiscipline at OED  \nOED – Diversion Program  \n• A 2016 ABA Commission on Lawyer Assistance Programs and Hazelden Betty Ford Foundation published a study of 13,000 currently-practicing attorneys and found the following:  \n– Between 21-36% qualify as problem drinkers  \n– Approximately 28% struggle with some level of depression  \n– 19% struggle with anxiety  \n– 23% struggle with stress  \n– Other difficulties include suicide, social alienation, work addiction, sleep deprivation, job dissatisfaction, and complaints of work-life conflict.  \n• USPTO announced diversion as two-year pilot program on November 3, 2017.  \n• Available to practitioners who engaged in minor misconduct resulting from:  \n– Physical, mental, or emotional health issues; or  \n– Practice management issues.  \n• Misconduct must have resulted in little to no harm to client.  \n• Misconduct must not:  \n– Involve the misappropriation of funds or dishonesty deceit, fraud, or misrepresentation;  \n– Result in or likely result in substantial prejudice to a client or other person;  \n– Constitute a “serious crime” under 37 C. F. R. § 11. 1; or  \n– Be a part of a pattern of similar misconduct or be of the same nature of misconduct for which the  \npractitioner has been disciplined within the past 5 years. 4  \nOED Discipline:  \nWarnings vs. Formal Discipline  \nUSPTO Disciplinary Decisions  \nOffice of Enrollment and Discipline  \nSelect Case Law Review  \nConflict of Interest  \nIn re Gray, Proceeding No . D2017-02 (USPTO Feb. 22, 2017) .  \n• Exclusion on consent of patent attorney.  \n• Disciplinary complaint alleged:  \n• Respondent’s firm had agreement with companies to provide patent legal services to referred clients.  \n• Engaged in numerous conflicts of interest with respect to referred clients.  \n• Directed associate to withhold filing of client applications until client paid 3 rd party company $125 fee.  \n• Did not consult with client regarding the appropriate type of protection.  \n• Failed to supervise associate to ensure compliance with conflict and  \nother rules.  \nConflict of Interest  \nIn re Virga, Proceeding No . D2017-14 (USPTO Mar. 16, 2017) .  \n• 5-year suspension of patent attorney (settlement) .  \n• Eligible to petition for reinstatement after 2 years; must take MPRE.  \n• Contracted with Desa Industries, Inc d/b/a World Patent Marketing (“WPM”) .  \n• Agreed to prepare, file, and respond to Office actions for clients referred by WPM.  \n• Attorney was unaware of amount WPM charged clients; clients were not likely aware of his compensation from WPM.  \n• Did not confirm that legal fees were deposited in trust account.  \n• Did not consult with clients regarding appropriateness of the patent protection sought.  \n• Failed to respond to Office actions for referred clients .   \nConflict of Interest  \nIn re Gray and In re Virga: rule highlights:  \n37 C.F.R. § 11.107(a)  \n…a practitioner shall not represent a client if the representation involves a concurrent conflict of interest.  \nA concurrent conflict of interest exists if:  \n(1) The representation of one client will be directly adverse to another client; or (2) There is a significant risk that the representation of one or more clients will be materially limited by the practitioner's responsibilities to another client, a former client or a third person or by a personal interest of the practitioner.","cbCaickw2KkiY0MX","https://ap.wps.com/l/cbCaickw2KkiY0MX","pdf",4534675,32,"English","# Discipline at OED\n## OED – Diversion Program\n## OED Discipline: Warnings vs. Formal Discipline\n## USPTO Disciplinary Decisions\n## Select Case Law Review\n## Conflict of Interest","[{\"question\":\"What is the OED Diversion Program and who can participate?\",\"answer\":\"The OED Diversion Program is a two-year pilot announced by the USPTO on November 3, 2017. It is available to practitioners who engaged in minor misconduct resulting from health issues or practice management issues and that caused little to no harm to the client.\"},{\"question\":\"What misconduct is not eligible for diversion?\",\"answer\":\"Diversion is not available if misconduct involves misappropriation of funds or dishonesty, deceit, fraud, or misrepresentation, or if it results in substantial prejudice. It also excludes serious crimes under 37 C.F.R. § 11.1 and conduct that is part of a pattern or similar misconduct addressed through discipline within the past five years.\"},{\"question\":\"What do the conflict-of-interest rules require under 37 C.F.R. § 11.107(a)?\",\"answer\":\"A practitioner must not represent a client when the representation involves a concurrent conflict of interest. A concurrent conflict exists if the representation of one client is directly adverse to another, or if there is a significant risk that representation will be materially limited by duties to another client, a former client, a third person, or the practitioner’s personal interests.\"}]","Professional Responsibility and Practice Before the USPTO | PDF",1790341146,81]