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is degenerating from a public profession into a mere money getting trade.

In order to crystallize decent professional opinion, we submit the following Code of Professional Ethics and recommend its adoption by this Association. If it be said that it is too specific and concrete, the answer is that the acts at which it is aimed are specific and concrete.

Respectfully submitted,

JOHN H. LEE,

EDWARD S. ROGERS (Chairman)
GEORGE L. WILKINSON.

Canons of Professional Ethics for Practitioners of Patent Law Adopted By The Chicago Patent Law Association December 12, 1924.

Preamble.

The Canons of Professional Ethics of the American Bar Association are hereby adopted and shall, whenever applicable, control the conduct of every practitioner before the Patent Office and in the Courts. To the reasons set forth in the preamble to the Canons of Professional Ethics of the American Bar Association, there is added the following: The Patent System is so important and so far reaching in its influence, and its success is so dependent upon merited public approval, that it should be brought to and maintained at a high point of efficiency. It should be so administered as to inspire public confidence in its integrity and impartiality. The character, reliability and professional standards of persons holding themselves out as qualified to practice in the Patent Office and in the Courts should also inspire and deserve public confidence.

As an aid to these desirable ends, the following Canons of Ethics, supplementary to the general Canons of the American Bar Association, are also adopted as a guide for the conduct of practitioners of Patent Law, whether in the Patent Office or in the Courts.

Advertising.

1. All advertising or soliciting of business should be limited to the use of business cards, or their insertion in directories or business guides, including business listings of newspapers. These cards and advertisements should contain only the name, address and telephone connections of the circulator or advertiser, and a statement of the professional service offered. No reference for advertising purposes should be made to membership in any Professional Association or to any activities therein.

Soliciting Business.

2. Any circularization of the public, offering advice before it is asked or volunteering information regarding patent, trade-mark or copyright law, or instructions relating to applications for patents or registrations, or making any other unsolicited approach, is improper.

3. Stimulation of the development and patenting of inventions by the enumeration of inventions alleged to be desired by the public, or the citation of instances of great profit made by inventors, or the offering of services for grossly inadequate fees (whether or not the fee shall be increased in the event of success), for the purpose of securing business; or cultivating business by a "no patent-no pay" guarantee; or offering to publish or sell the patent when secured (unless the offer is reasonably explained and subjected to proper reservations) is improper.

4. Recommending trade-mark opposition or cancellation proceedings, except when justified by personal or

professional relations (and then only in obviously proper or debatable cases) is condemned. Hunting up or developing other possible Patent Office inter partes proceedings and advising action thereon unless warranted by personal or professional relations is also condemned.

Encroaching Upon Another's Practice.

5. Efforts, direct or indirect, in any way to encroach upon the business of another are unworthy of those who should be brother-practitioners. It is not unethical however at the request of a client, to accept employment in matters already in the hands of other counsel after communicating with the counsel already employed.

Duty to the Uninformed Client.

6. The uninformed or inexperienced client should be told whether or not it is advisable to have a preliminary examination made before incurring any application expenses, and if such examination is made, actual copies of the pertinent references should be furnished to him. If, in the opinion of the solicitor, the invention submitted is substantially anticipated, the client should be so advised, and discouraged from filing an application.

Foreign Applications.

7. It is improper to encourage the filing of applications for foreign patents without fully informing the client of recurrent taxes, workings, and other requirements of foreign laws.

Misconduct of Attorneys.

8. To uphold the honor of the profession and to improve its administration, it is the duty of every practitioner who may have knowledge of any violation of Section 487, as amended February 18, 1922, 67 Statutes at Large, or by Rules 17 (h) and 22 (c) of the Rules of

Practice, U. S. Patent Office,* to inform the appropriate tribunals thereof and to assist, if requested by the proper officials, in the presentation of the facts concerning any such acts, to the end that the offenders may be warned, reprimanded or disbarred.

*Sec. 487, as amended, is as follows:

Patent-agents or attorneys; rules and regulations for; suspension or exclusion from practice.-The Commissioner of Patents, subject to the approval of the Secretary of the Interior, may prescribe rules and regulations governing the recognition of agents, attorneys, or other persons representing applicants or other parties before his office, and may require of such persons, agents, or attorneys, before being recognized as representatives of applicants or other persons, that they shall show that they are of good moral character and in good repute, are possessed of the necessary qualifications to enable them to render to applicants or other persons valuable service, and are likewise competent to advise and assist applicants or other persons in the presentation or prosecution of their applications or other business before the office. And the Commissioner of Patents may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before his office any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who refuses to comply with the said rules and regulations, or who shall, with intent to defraud in any manner, deceive, mislead or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the office, by word, circular, letter or by advertising. The reasons for any such suspension or exclusion shall be duly recorded. And the action of the commissioner may be reviewed upon the petition of the person so refused recognition or so suspended or excluded by the Supreme Court of the District of Columbia under such conditions and upon such proceedings as the said court may by its rules determine. Patent Office Rule 17-h is as follows:

Every attorney registered to practice before the United States Patent Office shall submit to the Commissioner of Patents for approval copies of all proposed advert sing matter, circulars, letters, cards, etc., intended to solicit patent business, and if it be not disapproved by him and the attorney no notified within 10 days after submission, it may be considered approved.

Any registered attorney sending out or using any such matter, a copy of which has not been submitted to the Commissioner of Patents in accordance with this rule, or which has been disapproved by the Commissioner of Patents, shall be subject to suspension or disbarment.

Patent Office Rule 22-c is as follows:

For gross misconduct the Commissioner may refuse to recognize any person as a patent agent, either generally or in any particular case; but the reasons for the refusal will be duly recorded and be subject to the approval of the Secretary of the Interior.

Attitude Toward the Patent Office.

9. It is the duty of every practitioner before the Patent Office to be as concise and direct as possible in the prosecution and disposition of all cases. Frankness toward the Patent Office should always be observed. It is also the practitioner's duty, whenever any controversy of any nature will admit of fair adjustment, to advise the client to avoid or to end the litigation.

Use of Corporate or Fictitious Names.

10. Patent, trade-mark and copyright services being largely a matter of personal relations and mutual confidence between the solicitor and the client, it is improper to perform any professional services under any corporate name or other title than one's individual or partnership name. Firm names should include only the names of present or past active partners.

11. Partnerships or other associations for the performance of professional services, either in or out of court, should not hereafter be formed between members of the Bar and non-members.

Firm names or titles which include the name of a person not a member of the Bar should not be used.

This canon is made of future application, only for the purpose of preventing injustice which might otherwise result. It is recognized that the conduct of business before the Patent Office requires special qualifications and experience, and that the Patent Office Register of persons admitted to practice there contains the names of many reputable men of long and honorable practice, who are not members of the Bar. Therefore, such partnerships as may now exist between members of the Bar and such Patent Office practitioners shall not be deemed a violation of this canon, nor shall the continuation of the use of existing firm names or titles which may include the names of such persons. Distinction should be made

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