35 U.S.C. § 32 — Suspension or exclusion from (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 32 Suspension or exclusion from
This page consolidates MPEP guidance interpreting 35 U.S.C. § 32, including 3 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
35 U.S.C. 32 establishes a comprehensive regulatory mechanism for addressing professional misconduct through formal disciplinary proceedings against patent practitioners.
What this section covers
- Legal framework for disciplinary actions against patent practitioners who violate professional standards.
- Process for reviewing and adjudicating potential professional misconduct in patent practice.
Key obligations
- Require patent practitioners to maintain ethical standards and professional conduct in USPTO proceedings.
- Provide a structured mechanism for investigating and responding to allegations of professional misconduct.
Practice notes
- Understand that disciplinary proceedings can result in suspension or permanent exclusion from patent practice.
- Recognize the importance of maintaining professional integrity in patent prosecution and representation.
Official MPEP § 32 — Suspension or exclusion from
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 32 Suspension or exclusion from practice.
The Director may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and Trademark Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 2(b)(2)(D) , or who shall, by word, circular, letter, or advertising, 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. The reasons for any such suspension or exclusion shall be duly recorded. The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section. A proceeding under this section shall be commenced not later than the earlier of either the date that is 10 years after the date on which the misconduct forming the basis for the proceeding occurred, or 1 year after the date on which the misconduct forming the basis for the proceeding is made known to an officer or employee of the Office as prescribed in the regulations established under section 2(b)(2)(D) . The United States District Court for the Eastern District of Virginia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Director upon the petition of the person so refused recognition or so suspended or excluded.
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat.1949; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-580, 581, 582 (S. 1948 secs. 4715(c), 4719, 4732(a)(10)(A)); amended Sept. 16, 2011, Public Law 112-29, secs. 3(k) and 9 (effective Sept. 16, 2011) and 20(j) (effective Sept. 16, 2012), 125 Stat. 284.)