[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: 37CFR10.57]

[Page 358]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--Table of Contents
 
Sec. 10.57  Preservation of confidences and secrets of a client.

    (a) ``Confidence'' refers to information protected by the attorney-
client or agent-client privilege under applicable law. ``Secret'' refers 
to other information gained in the professional relationship that the 
client has requested be held inviolate or the disclosure of which would 
be embarrassing or would be likely to be detrimental to the client.
    (b) Except when permitted under paragraph (c) of this section, a 
practitioner shall not knowingly:
    (1) Reveal a confidence or secret of a client.
    (2) Use a confidence or secret of a client to the disadvantage of 
the client.
    (3) Use a confidence or secret of a client for the advantage of the 
practitioner or of a third person, unless the client consents after full 
disclosure.
    (c) A practitioner may reveal:
    (1) Confidences or secrets with the consent of the client affected 
but only after a full disclosure to the client.
    (2) Confidences or secrets when permitted under Disciplinary Rules 
or required by law or court order.
    (3) The intention of a client to commit a crime and the information 
necessary to prevent the crime.
    (4) Confidences or secrets necessary to establish or collect the 
practitioner's fee or to defend the practitioner or the practitioner's 
employees or associates against an accusation of wrongful conduct.
    (d) A practitioner shall exercise reasonable care to prevent the 
practitioner's employees, associates, and others whose services are 
utilized by the practitioner from disclosing or using confidences or 
secrets of a client, except that a practitioner may reveal the 
information allowed by paragraph (c) of this section through an 
employee.