37 C.F.R. § 11.104

Communication

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(a) A practitioner shall:

(1) Promptly inform the client of any decision or circumstance with respect to which the client's informed consent is required by the USPTO Rules of Professional Conduct;

(2) Reasonably consult with the client about the means by which the client's objectives are to be accomplished;

(3) Keep the client reasonably informed about the status of the matter;

(4) Promptly comply with reasonable requests for information from the client; and

(5) Consult with the client about any relevant limitation on the practitioner's conduct when the practitioner knows that the client expects assistance not permitted by the USPTO Rules of Professional Conduct or other law.

(b) A practitioner shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2017–2025 · leading case: Off. of Lawyer Reg. v. Carl J. Schwedler, 2017 WI 54 (Wis. 2017).

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Off. of Lawyer Reg. v. Carl J. Schwedler, 2017 WI 54 (Wis. 2017). · cites it 5× “37 C.F.R. §11.104 (a)(3) proscribes failing to keep the client reasonably informed about the status of a matter.”

Welytok (E.D. Va. 2025). “Garczynski that his application had been filed,” which “deprived [him] of the ability to make an informed decision about how to proceed,” A1156; 37 C.F.R. § 11.104 ; (3) properly handle client funds by depositing advance fees into personal accounts rather than client trust…”

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