The USPTO recently published for public comment a notice of proposed rulemaking dated October 18, 2012, proposing to replace its current Code of Professional Responsibility with new USPTO Rules of Professional Conduct. The current Code is based on the 1980 version of the Model Code of Professional Responsibility of the American Bar Association (ABA), while the proposed Rules are based on the ABA's more recent Model Rules of Professional Conduct.

This proposed change is intended to modernize the USPTO's professional conduct regulations, harmonize them with the professional responsibility regulations adopted by the majority of state bars and provide consistency for practitioners appearing before the USPTO.

The deadline for public comments is December 17, 2012.