[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: 37CFR10.85]

[Page 361]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--Table of Contents
 
Sec. 10.85  Representing a client within the bounds of the law.

    (a) In representation of a client, a practitioner shall not:
    (1) Initiate or defend any proceeding before the Office, assert a 
position, conduct a defense, delay a trial or proceeding before the 
Office, or take other action on behalf of the practitioner's client when 
the practitioner knows or when it is obvious that such action would 
serve merely to harass or maliciously injure another.
    (2) Knowingly advance a claim or defense that is unwarranted under 
existing law, except that a practitioner may advance such claim or 
defense if it can be supported by good faith argument for an extension, 
modification, or reversal of existing law.
    (3) Conceal or knowingly fail to disclose that which the 
practitioner is required by law to reveal.
    (4) Knowingly use perjured testimony or false evidence.
    (5) Knowingly make a false statement of law or fact.
    (6) Participate in the creation or preservation of evidence when the 
practitioner knows or it is obvious that the evidence is false.
    (7) Counsel or assist a client in conduct that the practitioner 
knows to be illegal or fraudulent.
    (8) Knowingly engage in other illegal conduct or conduct contrary to 
a Disciplinary Rule.
    (b) A practitioner who receives information clearly establishing 
that:
    (1) A client has, in the course of the representation, perpetrated a 
fraud upon a person or tribunal shall promptly call upon the client to 
rectify the same, and if the client refuses or is unable to do so the 
practitioner shall reveal the fraud to the affected person or tribunal.
    (2) A person other than a client has perpetrated a fraud upon a 
tribunal shall promptly reveal the fraud to the tribunal.