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§ 10.170 Suspension of rules. - PATENT RULES
§ 10.170 Suspension of rules.
(a) In an extraordinary situation, when justice requires, any requirement of the regulations of this part which is not a requirement of the statutes may be suspended or waived by the Commissioner or the Commissioner's designee, sua sponte, or on petition of any party, including the Director or the Director's representative, subject to such other requirements as may be imposed.
(b) Any petition under this section will not stay a disciplinary proceeding unless ordered by the Commissioner or an administrative law judge.
[Added 50 FR 5186, Feb. 6, 1985, effective Mar. 8, 1985]
RULES RELATING TO PRACTICE BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE
A
Address change
... 10.11
Advertising
Agents, registration of
... 10.6
Agreements restricting practice
... 10.38
Aliens
Applicant for patent, representation of
Applicant for trademark, representation of
... 2.11
Attorneys, recognition of to practice in trademark cases
... 10.14
Attorneys, registration of to practice in patent cases
B
Breach of trust
... 10.23
Business transactions or relations with client
... 10.65
C
Candidate for judicial office
... 10.103
Canons and disciplinary rules
Certificate of mailing
Certification effect of signature
... 10.18
Circumventing a disciplinary rule, amendment
... 10.23
Code of Professional Responsibility
Coercion, Use of
... 10.23
Committee on Discipline
... 10.4
Committee on Enrollment
... 10.3
Communicating with person having adverse interest
... 10.67
Communications concerning practitioner's service
... 10.31
Compensation for legal services
... 10.68
Competence
Complaint instituting disciplinary proceedings
... 10.134
Concealment of material information
... 10.23
Conduct in proceeding before Office
... 10.89
Conduct prejudicial to the administration of justice
... 10.23
Conflict of interest
... 10.66
Conviction of criminal offense
... 10.23
D
Deceit
... 10.23
Decisions of the Commissioner
Definitions:
Affidavit
... 10.1
Agent
... 10.6
Application
... 10.1
Canon
... 10.20
Confidence
... 10.57
Differing interests
... 10.1
Director of Enrollment and Discipline
... 10.1
Disciplinary rule
... 10.20
Employee of a tribunal
... 10.1
Excessive legal fees
... 10.36
Excluded practitioner
... 10.1
Giving information
... 10.1
Invention development services
... 10.23
Law firm
... 10.1
Lawyer
... 10.1
Legal counsel
... 10.1
Legal profession
... 10.1
Legal service
... 10.1
Legal system
... 10.1
Non-practitioner
... 10.1
Office
... 10.1
Person
... 10.1
Practitioner
... 10.1
Proceeding before the Office
... 10.1
Professional legal corporation
... 10.1
Registration
... 10.1
Respondent
... 10.134
Secret
State
... 10.1
Suspended practitioner
... 10.1
Tribunal
... 10.1
United States
... 10.1
Designation as registered attorney or agent
... 10.34
Direct contact with prospective clients
... 10.33
Director of Enrollment and Discipline:
Appointment
... 10.2
Duties
... 10.2
Review of decisions of the Director
... 10.2
Disbarment from practice on ethical grounds
... 10.130
Discharge of attorney or agent by client
... 10.40
Disciplinary proceedings and investigations:
Administrative Law Judge
... 10.139
Administrative Procedures Act
Review of interlocutory orders by Administrative Law Judge
... 10.139
Amendment of complaint
... 10.145
Amendment of pleadings
... 10.145
Answer to complaint
... 10.136
Appeal of initial decision of Administrative Law Judge
... 10.155
Burden of proof
... 10.149
Certificate of mailing
Complaint
... 10.134
Contested case
... 10.138
Deliberations of Committee on Discipline
... 10.4
Discovery (see also Discovery in Disciplinary Proceedings)
... 10.152
Exception to ruling
... 10.150
Filing papers after complaint filed
... 10.141
Hearings before Administrative Law Judge
... 10.144
Initial decision of Administrative Law Judge
Initiating disciplinary proceeding
... 10.132
Investigations of violations of disciplinary rules
... 10.131
Notice of suspension or exclusion of practitioner
... 10.159
Objections to evidence
... 10.150
Post hearing memorandum
... 10.153
Pre-hearing statement
... 10.153
Reinstatement of suspended or excluded practitioner
... 10.160
Reprimand of registered attorney or agent
Resignation of practitioner
... 10.133
Review of Commissioner's final decision
... 10.157
Review of decision denying reinstatement of practitioner
... 10.2
Savings clause
... 10.161
Service of complaint
... 10.135
Settlement of complaint
... 10.133
Stay pending review of interlocutory order
... 10.139
Supplemental complaint
... 10.137
Disciplinary rule violation
Disclosure of
... 10.23, 10.24, 10.84, 10.85, 10.131
Discourteous conduct
... 10.89
Discovery in disciplinary proceedings:
Copying of documents
... 10.152
Cross-examination
... 10.152
Deliberations of committee on enrollment
... 10.4
Depositions
... 10.151
Evidence
Impeachment
... 10.152
Inspection of documents
... 10.152
Interrogatories
... 10.152
Motions filed with Administrative Law Judge
Privileged information
... 10.152
Undue delay in proceedings
... 10.152
Division of legal fees
... 10.37
Duress, use of
... 10.23
Duty to make counsel available
... 10.30
E
Employment:
Acceptance
... 10.39
Failure to carry out contract
... 10.84
Refusing employment
Withdrawal from employment
Exception to ruling
... 10.151
Excessive legal fees
... 10.36
Exclusion of practitioner
F
Failure to disclose material fact with regard to registration
... 10.22
Failure to notify client
... 10.23
False accusations
... 10.23
False statements concerning officials
... 10.102
Favors, improperly bestowing
... 10.23
Fees:
In general
... 1.21
Petition to review decision of Director of Enrollment and Discipline
... 10.2
Registration
... 10.8
Registration examination
... 10.7
Reinstatement
... 10.11
Request regrade of examination
... 10.6
Fees for legal services
... 10.36
Firm name, use of
... 10.35
Fitness to practice before the Office
... 10.23
Foreigners
Former Patent and Trademark Office employees
Fraud or inequitable conduct
Frivolous complaint
... 10.23
Funds of client, preserving identity of
... 10.112
G
Gift, improperly bestowing
... 10.23
Government employees, registration of to practice in patent cases
... 10.10
I
Illegal conduct involving moral turpitude
... 10.23
Illegal fees for services
... 10.36
Improper alteration of patent application
... 10.23
Improper execution of oath or declaration
... 10.23
Improper influence
... 10.23
Improper signature
Improperly bestowing thing of value
... 10.23
Incompetence
Indecent statement, making of .
... 10.23
Independent professional judgment, exercise of
... 10.61, 10.62, 10.66, 10.68
Individual unqualified in respect to character, education, etc.
Influence by others than client
... 10.68
Information precluding registration, failure to disclose
... 10.22
Initial decision of Administrative Law Judge
Integrity and competence of the legal profession, maintaining of
... 10.22
Interest in litigation or proceeding before Office, acquiring of
... 10.64
Investigation of violations of disciplinary rules
... 10.131
J
Joint venture
... 10.23
Judicial office, candidate for
... 10.103
L
Legal fees:
Division of
... 10.37
Failure to pay
... 10.40
Sharing of
... 10.48
Legal system, assistance in improving the
... 10.100
Letterheads, use of
... 10.35
Limited recognition to practice in patent cases
... 10.9
M
Malpractice, limiting client's liability
... 10.78
Materially false statements in application for registration
... 10.22
Misappropriation of funds
... 10.23
Misconduct
... 10.23
Misrepresentations
Multiple employment
... 10.66
N
Neglecting legal matters
... 10.77
Non-practitioner, formation of partnership with
... 10.49
Notice of suspension or exclusion
... 10.159
O
Oath requirement
... 10.8
Officials, contact with
... 10.93
P
Petitions:
Fees in general
... 1.21
Regrade of examination
... 10.7(c)
Reinstatement
... 10.160
Review decision of Commissioner
... 10.157
Review decision of Director of Enrollment and Discipline
... 10.2
Suspension of rules
... 10.170
Preserve secrets and confidence of client
Pro se applicant
... 1.31, 2.11
Professional impropriety, avoiding appearance of
Promise of advantage, offer of
... 10.23
Property of client
... 10.112
Proprietary interest in subject matter
... 10.64
Publication in Official Gazette
R
Recognition to practice before the Patent and Trademark Office:
Agents
Aliens
Attorneys
Change of address, requirement to notify Director
... 10.11
Contents of petition for reinstatement of:
person not suspended or excluded
... 10.2
suspended or excluded practitioner
... 10.160
Examination of registration in patent cases
... 10.7
Examination fee
... 10.7
Foreigners
Former Patent and Trademark Office employees
Government employees
Limited recognition in patent cases
... 10.9
Non-lawyers, recognition in trademark cases
... 10.10
Patent cases
Recognition for representation
Recognition to practice
Refusal to recognize practitioner
... 10.15
Register of attorneys and agents in patent cases
... 10.5
Registration fee
... 10.8
Registration number
... 1.34
Removal of attorneys and agents from the register
... 10.11
Representation by registered attorney or agent in patent cases
... 1.31
Request for regrade of examination
... 10.6
Requirements for registration
... 10.7
Review of Director's decision refusing registration
... 10.2
Trademark cases
... 10.14
Unauthorized representation by an agent
Records, property and funds of client, maintaining of
... 10.112
Reinstatement after removal from the register
Reinstatement of suspended or excluded non-practitioner
... 10.160
Representing client within bounds of the law
... 10.85
Reprimand of registered attorney or agent
Resignation
... 10.133
Revocation of power of attorney in trademark case
... 2.19
S
Scandalous statements, making of
... 10.23
Secrets and confidence, preservation of clients
... 10.56,
... 10.57
Settlement of claims of clients
... 10.67
Sharing legal fees
... 10.48
Signature and certificate of practitioner
... 10.18
Solicitation
Statement concerning officials, making false
... 10.102
Suspension of practitioner
... 10.23, 10.130, 10.132, 10.158
Suspension of rules
... 10.170
T
Threats of criminal prosecution
... 10.88
Threats, use of
... 10.23
U
Unauthorized practice
... 10.14, 10.23, 10.31, 10.46, 10.47
Undignified conduct
... 10.89
V
Violating duty of candor and good faith
... 10.23
Violation of disciplinary rule, misconduct
... 10.23
W
Withdrawal from employment
... 10.40
Withdrawal material information
Witnesses
Z
Zealously representing the client
[Reserved]
[Part 15 removed and reserved, 61 FR 42807, Aug. 19, 1996]
[Reserved]
[Part 15a removed and reserved, 61 FR 42807, Aug. 19, 1996]
SUBCHAPTER B ADMINISTRATION
DISCLOSURE OF GOVERNMENT INFORMATION
SUBPART A Freedom of Information Act
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