37 CFR § 11.27 Exclusion on consent.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 11.27, including 0 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.
Official MPEP § 11.27 — Exclusion on consent.
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.27 Exclusion on consent.
- (a)
Required affidavit. The OED Director may confer
with a practitioner concerning possible violations by the practitioner
of the Rules of Professional Conduct whether or not a disciplinary
proceeding has been instituted. A practitioner who is the subject of
an investigation or a pending disciplinary proceeding based on
allegations of grounds for discipline, and who desires to resign, may
only do so by consenting to exclusion and delivering to the OED
Director an affidavit declaring the consent of the practitioner to
exclusion and stating:
- (1) That the practitioner’s consent is freely and voluntarily rendered, that the practitioner is not being subjected to coercion or duress, and that the practitioner is fully aware of the implications of consenting to exclusion;
- (2) That the practitioner is aware that there is currently pending an investigation into, or a proceeding involving allegations of misconduct, the nature of which shall be specifically set forth in the affidavit to the satisfaction of the OED Director;
- (3) That the practitioner acknowledges that, if and
when he or she applies for reinstatement under §
11.60
, the
OED Director will conclusively presume, for the limited purpose
of determining the application for reinstatement, that:
- (i) The facts upon which the investigation or complaint is based are true, and
- (ii) The practitioner could not have successfully defended himself or herself against the allegations in the investigation or charges in the complaint.
- (b) Action by the USPTO Director.Upon receipt of the required affidavit, the OED Director shall file the affidavit and any related papers with the USPTO Director for review and approval. The USPTO Director may order the OED Director or the practitioner to supplement the record with further information or argument. The OED Director may also file comments in response to the affidavit. If the affidavit is approved, the USPTO Director will enter an order excluding the practitioner on consent and providing other appropriate actions. Upon entry of the order, the excluded practitioner shall comply with the requirements set forth in § 11.58 .
- (c) [Reserved]
- (d) Reinstatement. Any practitioner excluded on consent under this section may not petition for reinstatement for five years. A practitioner excluded on consent who intends to reapply for admission to practice before the Office must comply with the provisions of § 11.58 , and apply for reinstatement in accordance with § 11.60 . Failure to comply with the provisions of § 11.58 constitutes grounds for denying an application for reinstatement.
[Added, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008; para. (b) revised and para. (c) removed and reserved, 86 FR 28442, May 26, 2021, effective June 25, 2021]