37 CFR § 11.60 — Petition for reinstatement of disciplined (MPEP Coverage Index) – BlueIron IP
37 CFR § 11.60 Petition for reinstatement of disciplined
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 11.60, including 1 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section provides detailed guidance on the process for filing petitions to reinstate disciplined practitioners with the Director of the Office of Enrollment and Discipline under 37 CFR 11.60.
What this section covers
- This section outlines the process for filing a petition to reinstate a disciplined practitioner with the Director of the Office of Enrollment and Discipline.
Key obligations
- Practitioners must file a petition with the Director of the Office of Enrollment and Discipline for reinstatement.
- Petitions must include evidence of rehabilitation and a detailed explanation for the disciplinary action.
- Adherence to specific requirements outlined in 37 CFR 11.60 is mandatory.
Practice notes
- Ensure all required documentation and evidence are included with the petition.
- Avoid delays by promptly filing the petition and addressing any deficiencies in the application.
Official MPEP § 11.60 — Petition for reinstatement of disciplined
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.60 Petition for reinstatement of disciplined practitioner.
- (a) Restrictions on practice. An excluded or suspended practitioner shall not resume the practice of patent, trademark, or other non-patent matters before the Office until reinstated.
- (b) Petition for reinstatement for excluded or suspended practitioners. An excluded or suspended practitioner shall be eligible to petition for reinstatement only upon expiration of the period of suspension or exclusion and the practitioner’s full compliance with § 11.58 . An excluded practitioner shall be eligible to petition for reinstatement no earlier than five years from the effective date of the exclusion.
- (c)
Review of reinstatement petition.An excluded or
suspended practitioner shall file a petition for reinstatement
accompanied by the fee required by §
1.21(a)(10)
of this chapter. The petition for
reinstatement shall be filed with the OED Director. A practitioner who
has violated any provision of §
11.58
shall not be
eligible for reinstatement until a continuous period of the time in
compliance with §
11.58
that is
equal to the period of suspension or exclusion has elapsed. If the
excluded or suspended practitioner is not eligible for reinstatement,
or if the OED Director determines that the petition is insufficient or
defective on its face, the OED Director may dismiss the petition.
Otherwise, the OED Director shall consider the petition for
reinstatement. The excluded or suspended practitioner seeking
reinstatement shall have the burden of proving, by clear and
convincing evidence, that:
- (1) The excluded or suspended practitioner has the good moral character and reputation, competency, and learning in law required under § 11.7 for admission;
- (2) The resumption of practice before the Office will not be detrimental to the administration of justice or subversive to the public interest; and
- (3) The practitioner, if suspended, has complied with the provisions of § 11.58 for the full period of suspension or, if excluded, has complied with the provisions of § 11.58 for at least five continuous years.
- (d)
Petitions for reinstatement —
Action by
the OED Director granting reinstatement.
- (1) If the excluded or suspended practitioner is found to have complied with paragraphs (c)(1) through (c)(3) of this section, the OED Director shall enter an order of reinstatement that shall be conditioned on payment of the costs of the disciplinary proceeding to the extent set forth in paragraphs (d)(2) and (d)(3) of this section.
- (2)
Payment of costs of disciplinary proceedings.
Prior to reinstatement to practice under this section, the
excluded or suspended practitioner shall pay the costs of the
disciplinary proceeding. The costs imposed pursuant to this
section include all of the following:
- (i) The actual expense incurred by the OED Director or the Office for the original and copies of any reporter’s transcripts of the disciplinary proceeding and any fee paid for the services of the reporter;
- (ii) All expenses paid by the OED Director or the Office that would qualify as taxable costs recoverable in civil proceedings; and
- (iii) The charges determined by the OED Director to be “reasonable costs” of investigation, hearing, and review. These amounts shall serve to defray the costs, other than fees for services of attorneys and experts, of the Office of Enrollment and Discipline in the preparation or hearing of the disciplinary proceeding and costs incurred in the administrative processing of the disciplinary proceeding.
- (3) A practitioner may only be granted relief from an order assessing costs under this section, whether in whole or in part or by grant of an extension of time to pay these costs, upon grounds of hardship, special circumstances, or other good cause at the discretion of the OED Director.
- (e) Petitions for reinstatement — Action by the OED Director denying reinstatement. If the excluded or suspended practitioner is found unfit to resume practice before the Office, the OED Director shall first provide the excluded or suspended practitioner with an opportunity to show cause in writing why the petition should not be denied. If unpersuaded by the showing, the OED Director shall deny the petition. In addition to the reinstatement provisions set forth in this section, the OED Director may require the excluded or suspended practitioner, in meeting the requirements of paragraph (c)(1) of this section, to take and pass the registration examination; attend ethics, substance abuse, or law practice management courses; and/or take and pass the Multistate Professional Responsibility Examination.
- (f) Right to review. An excluded or suspended practitioner dissatisfied with a final decision of the OED Director regarding his or her reinstatement may seek review by the USPTO Director pursuant to § 11.2(d) .
- (g) Resubmission of petitions for reinstatement. If a petition for reinstatement is denied, no further petition for reinstatement may be filed until the expiration of at least one year following the denial unless the order of denial provides otherwise.
- (h)
Reinstatement proceedings open to
public.
- (1) Proceedings on any petition for reinstatement shall be open to the public. Before reinstating any excluded or suspended practitioner, the OED Director shall publish a notice that such practitioner seeks reinstatement and shall permit the public a reasonable opportunity to comment or submit evidence regarding such matter.
- (2) Up to 90 days prior to the expiration of the period of suspension or exclusion, a practitioner may file a written notice of his or her intent to seek reinstatement with the OED Director and may request that such notice be published. In the absence of such a request, notice of a petition for reinstatement will be published upon receipt of such petition.
[Added, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008; revised, 86 FR 28442, May 26, 2021, effective June 25, 2021]