---
kind: "section"
citation: "37 C.F.R. § 11.110"
title: "37"
number: "11.110"
heading: "Imputation of conflicts of interest; General rule."
url: "https://uscodex.org/cfr/37/11.110"
---

# §11.110. Imputation of conflicts of interest; General rule.

- (a) While practitioners are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by §§ [11.107](/cfr/37/11.107.md) or [11.109](/cfr/37/11.109.md), unless:
  - (1) The prohibition is based on a personal interest of the disqualified practitioner and does not present a significant risk of materially limiting the representation of the client by the remaining practitioners in the firm; or
  - (2) The prohibition is based upon § [11.109(a)](/cfr/37/11.109.md?p=a) or [(b)](/cfr/37/11.109.md?p=b), and arises out of the disqualified practitioner's association with a prior firm, and
    - (i) The disqualified practitioner is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
    - (ii) Written notice is promptly given to any affected former client to enable the former client to ascertain compliance with the provisions of this section, which shall include a description of the screening procedures employed; a statement of the firm's and of the screened practitioner's compliance with the USPTO Rules of Professional Conduct; a statement that review may be available before a tribunal; and an agreement by the firm to respond promptly to any written inquiries or objections by the former client about the screening procedures.
- (b) When a practitioner has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated practitioner and not currently represented by the firm, unless:
  - (1) The matter is the same or substantially related to that in which the formerly associated practitioner represented the client; and
  - (2) Any practitioner remaining in the firm has information protected by §§ [11.106](/cfr/37/11.106.md) and [11.109(c)](/cfr/37/11.109.md?p=c) that is material to the matter.
- (c) A disqualification prescribed by this section may be waived by the affected client under the conditions stated in [§ 11.107](/cfr/37/11.107.md).
- (d) The disqualification of practitioners associated in a firm with former or current Federal Government lawyers is governed by [§ 11.111](/cfr/37/11.111.md).

## Notes

### 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.