[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR10.1]

[Page 346-347]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--Table of Contents
 
Sec. 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 
Secs. 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 Sec. 10.20(a).
    (e) Confidence is defined in Sec. 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 Sec. 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 Sec. 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 Sec. 10.156. A ``non-
practitioner'' is an individual who is not a practitioner.

[[Page 347]]

    (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 Sec. 10.134(a)(1).
    (w) Secret is defined in Sec. 10.57(a).
    (x) Solicit is defined in Sec. 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.