---
kind: "section"
citation: "37 C.F.R. § 11.804"
title: "37"
number: "11.804"
heading: "Misconduct."
url: "https://uscodex.org/cfr/37/11.804"
---

# §11.804. Misconduct.


It is professional misconduct for a practitioner to:

- (a) Violate or attempt to violate the USPTO Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
- (b) Commit a criminal act that reflects adversely on the practitioner's honesty, trustworthiness, or fitness as a practitioner in other respects, or be convicted of a crime that reflects adversely on the practitioner's honesty, trustworthiness, or fitness as a practitioner in other respects;
- (c) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
- (d) Engage in conduct that is prejudicial to the administration of justice;
- (e) State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the USPTO Rules of Professional Conduct or other law;
- (f) Knowingly assist a judge, hearing officer, administrative law judge, administrative patent judge, administrative trademark judge, or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law;
- (g) Knowingly assist an officer or employee of the Office in conduct that is a violation of applicable rules of conduct or other law;
- (h) Be publicly disciplined on ethical or professional misconduct grounds by any duly constituted authority of:
  - (1) A State,
  - (2) The United States, or
  - (3) A country having disciplinary jurisdiction over the practitioner; or
    - (i) Engage in other conduct that adversely reflects on the practitioner's fitness to practice before the Office.

## Notes

### Amendments

[78 FR 20201, Apr. 3, 2013, as amended at 86 FR 28467, May 26, 2021]

### 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.

### Amendments

[78 FR 20201, Apr. 3, 2013, as amended at 86 FR 28467, May 26, 2021]