USPTO Adopts New Professional Conduct Rules

The U.S. Patent and Trademark Office (USPTO) recently released new rules for professional conduct that take effect on May 3, 2013.  See 78 Fed. Reg. 20180 (April 3, 2013).  The new rules are largely based on the American Bar Association's (ABA) Model Rules of Professional Conduct.  Noting that 50 U.S. jurisdictions (49 states and Washington, D.C.) have adopted the ABA model rules, the USPTO explained the new rules provide attorneys with consistent professional conduct standards and large bodies of both case law and opinions written by disciplinary authorities that have adopted the rules.  While professional conduct and disciplinary opinions from the various state bars may be useful, the USPTO explained they would not be binding precedent, as the USPTO would be its own jurisdiction.