§11.109. Duties to former clients.
37 C.F.R. § 11.109
A practitioner who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.
A practitioner shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the practitioner formerly was associated had previously represented a client:
Whose interests are materially adverse to that person; and
About whom the practitioner had acquired information protected by §§ 11.106 and 11.109(c) that is material to the matter; unless the former client gives informed consent, confirmed in writing.
A practitioner who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter:
Use information relating to the representation to the disadvantage of the former client except as the USPTO Rules of Professional Conduct would permit or require with respect to a client, or when the information has become generally known; or
Reveal information relating to the representation except as the USPTO Rules of Professional Conduct would permit or require with respect to a client.
Notes, amendments, and revision history
Source
Source: 78 FR 20201, Apr. 3, 2013, unless otherwise noted.
Authority
Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 2(b)(2), 32, 41; Sec. 1, Pub. L. 113-227, 128 Stat. 2114.
Source
Source: 69 FR 35452, June 24, 2004, unless otherwise noted.