What is a Rule to Show Cause, and how can it be withdrawn?
A Rule to Show Cause is an order issued by the USPTO requiring a registered patent practitioner to demonstrate why they should not be suspended or excluded from practice before the Office. According to MPEP 1002.02(m), a petition to withdraw a Rule to Show Cause can be filed under 37 CFR 11.11(b).
A Rule to Show Cause may be issued for various reasons, such as:
- Failure to pay annual practitioner fees
- Non-compliance with continuing legal education requirements
- Failure to update contact information with the OED
To petition for withdrawal of a Rule to Show Cause, a practitioner should:
- Address the issues that led to the issuance of the Rule to Show Cause
- Provide evidence of compliance or correction of the underlying problem
- Submit a formal petition to the Director of the Office of Enrollment and Discipline
- Explain any mitigating circumstances or reasons for the initial non-compliance
The OED Director will review the petition and supporting evidence to determine whether to withdraw the Rule to Show Cause. If the petition is granted, the practitioner may continue their practice before the USPTO without further disciplinary action related to the specific issue addressed in the Rule to Show Cause.
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