---
kind: "section"
citation: "37 C.F.R. § 41.5"
title: "37"
number: "41.5"
heading: "Counsel."
url: "https://uscodex.org/cfr/37/41.5"
---

# §41.5. Counsel.


While the Board has jurisdiction:

- (a) **Appearance pro hac vice.** The Board may authorize a person other than a registered practitioner to appear as counsel in a specific proceeding.
- (b) **Disqualification.**
  - (1) The Board may disqualify counsel in a specific proceeding after notice and an opportunity to be heard.
  - (2) A decision to disqualify is not final for the purposes of judicial review until certified by the Chief Administrative Patent Judge.
- (c) **Withdrawal.** Counsel may not withdraw from a proceeding before the Board unless the Board authorizes such withdrawal. See [§ 11.116](/cfr/37/11.116.md) of this subchapter regarding conditions for withdrawal.
- (d) **Procedure.** The Board may institute a proceeding under this section on its own or a party in a contested case may request relief under this section.
- (e) **Referral to the Director of Enrollment and Discipline.** Possible violations of the disciplinary rules in [part 11](/cfr/37/part11.md) of this subchapter may be referred to the Office of Enrollment and Discipline for investigation. See [§ 11.22](/cfr/37/11.22.md) of this subchapter.

## Notes

### Amendments

[69 FR 50003, Aug. 12, 2004, as amended at 73 FR 47704, Aug. 14, 2008; 78 FR 20211, Apr. 3, 2013]

### Authority

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

### Source

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.

### Amendments

[69 FR 50003, Aug. 12, 2004, as amended at 73 FR 47704, Aug. 14, 2008; 78 FR 20211, Apr. 3, 2013]