Patent bar Practitioner registration, representation and ethics question: USPTO Rules of Professional Conduct

Patent barPractitioner registration, representation and ethics

An invention-marketing company offers to send clients to patent agent Ford if Ford pays it 30% of every fee he collects from those clients. Under the USPTO Rules of Professional Conduct, may Ford accept?

A No, but only because the company is not registered with OED
B Yes, if the percentage is below 50%
C Yes, because patent agents are not lawyers and the fee-sharing rule does not apply to them
D No, because a practitioner may not share legal fees with a non-practitioner, whatever the practitioner's title
E Yes, if the clients are told about the arrangement

Show the answer and explanation

Answer: D. No, because a practitioner may not share legal fees with a non-practitioner, whatever the practitioner's title

Answer: No, because a practitioner may not share legal fees with a non-practitioner, whatever the practitioner's title. 37 CFR 11.504(a) prohibits a practitioner from sharing legal fees with a non-practitioner, subject to narrow exceptions such as payments to a deceased practitioner's estate. Paying a referral source a share of fees also runs into 11.702's limits on giving anything of value for recommendations. Why not the others: - Disclosure to clients: consent does not cure prohibited fee sharing. - Agents excluded: the USPTO rules apply to all practitioners, agents and attorneys alike. - Below 50%: any percentage is prohibited. - Only because unregistered: the ban applies to any non-practitioner; registration of the company is not the issue. Rule: No sharing of legal fees with non-practitioners, and no paying for referrals. Source: 37 CFR 11.504(a), 11.702(b); 78 FR 20180 (Apr. 3, 2013); as at Oct 2026

Common mistake

Thinking client consent makes fee sharing acceptable.

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Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.