37 CFR § 11.110 - Imputation of conflicts of interest; General rule.
---
identifier: "/us/cfr/t37/s11.110"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 11.110 - Imputation of conflicts of interest; General rule."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "11.110"
section_name: "Imputation of conflicts of interest; General rule."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "11"
part_name: "REPRESENTATION OF OTHERS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "69 FR 35452, June 24, 2004, unless otherwise noted."
cfr_part: "11"
---
# 11.110 Imputation of conflicts of interest; General rule.
(a) While practitioners are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by §§ 11.107 or 11.109, unless:
(1) The prohibition is based on a personal interest of the disqualified practitioner and does not present a significant risk of materially limiting the representation of the client by the remaining practitioners in the firm; or
(2) The prohibition is based upon § 11.109(a) or (b), and arises out of the disqualified practitioner's association with a prior firm, and
(i) The disqualified practitioner is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
(ii) Written notice is promptly given to any affected former client to enable the former client to ascertain compliance with the provisions of this section, which shall include a description of the screening procedures employed; a statement of the firm's and of the screened practitioner's compliance with the USPTO Rules of Professional Conduct; a statement that review may be available before a tribunal; and an agreement by the firm to respond promptly to any written inquiries or objections by the former client about the screening procedures.
(b) When a practitioner has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated practitioner and not currently represented by the firm, unless:
(1) The matter is the same or substantially related to that in which the formerly associated practitioner represented the client; and
(2) Any practitioner remaining in the firm has information protected by §§ 11.106 and 11.109(c) that is material to the matter.
(c) A disqualification prescribed by this section may be waived by the affected client under the conditions stated in § 11.107.
(d) The disqualification of practitioners associated in a firm with former or current Federal Government lawyers is governed by § 11.111.