37 C.F.R. § 11.101
Competence
A practitioner shall provide competent representation to a client. Competent representation requires the legal, scientific, and technical knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
Notes of Decisions
Cited in 9
cases (6 in the last 5 years), 2016–2026 · leading case: Chaganti v. Lee, 187 F. Supp. 3d 682 (E.D. Va. 2016).
Chaganti v. Lee, 187 F. Supp. 3d 682 (E.D. Va. 2016). “See 37 C.F.R. §§ 11.101 -.901. If a registered PTO attorney fails to comply with his professional obligations, the PTO has the authority to suspend or exclude the practitioner from further practice before the PTO.”
Matter of Toledano (N.Y. App. Div. 2026). “13(b) apply here as respondent had notice of the misconduct allegations and entered into a Settlement Agreement in the USPTO proceeding, where she admitted to engaging in misconduct in violation of 37 CFR 11.101, 11.103, 11.104(a)(1), 11.104(a)(2), 11.”
In re Disciplinary Action Against Michael Anietie Essien, 927 N.W.2d 747 (Minn. 2019). “See 37 C.F.R. §§ 11.101 , 11.103 - 11.104, 11.”
Matter of Matos, 2025 NY Slip Op 06257 (N.Y. App. Div. 2025). “As a result of the TTAB's findings, respondent and the USPTO Director of the Office of Enrollment and Discipline (OED Director) entered into a Settlement Agreement in which respondent admitted that his actions violated 37 CFR 11.101, 11.103, 11.301, 11.804(c), and 11.”
Piccone v. Pato (Fed. Cir. 2019). “(2004), which governed attorney conduct up to May 3, 2013, and the Rules of Professional Conduct, 37 C.F.R. §§ 11.101 et seq., which govern attorney conduct thereafter.”
TicketNetwork, Inc. v. CEATS, Inc. (E.D. Tex. 2021). “See 37 C.F.R. 11.101 et seq. Even if his intentions were innocent (which is doubtful), the Court finds it impossible to believe that Dr.”
Welytok (E.D. Va. 2025). “For example, the ALJ found that Welytok provided Kemp and SMTMT with “materially inaccurate and misleading legal advice,” A15; see 37 C.F.R. § 11.101 , and he concluded that Welytok failed to abide by her clients’ decisions regarding representation because she did not file…”
Matter of Yiheng Lou, 2022 NY Slip Op 03791 (N.Y. App. Div. 2022). “0) and, as a consequence, the facts stipulated to by respondent establish a violation of this state's Rules to the same degree as the USPTO's Rules were found violated ( compare 37 CFR 11.101; 11.103, 11.104 [a], [b]; 11.”
Matter of Swayze, 2024 NY Slip Op 04181 (N.Y. App. Div. 2024). “pondent was suspended by the USPTO for a period of 90 days with 12 months of probation immediately following any reinstatement, after having been found to have violated several rules thereof, including failing to provide competent representation to a patent client and failing to…”
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