37 CFR § 11.3 — Suspension of rules. (MPEP Coverage Index) – BlueIron IP
37 CFR § 11.3 Suspension of rules.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 11.3, 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
37 CFR 11.3 governs the process by which practitioners can petition the Director of the Office of Enrollment and Discipline to suspend standard disciplinary rules under exceptional circumstances.
What this section covers
- Outlines the Director's authority to consider and evaluate petitions for suspending disciplinary rules in patent practice.
- Describes the potential scope of rule suspension requests within patent practitioner regulatory frameworks.
Key obligations
- Requires formal petition submission directly to the Director of Enrollment and Discipline for rule suspension consideration.
- Establishes rule suspension as an exceptional remedy reserved for unique circumstances, not a routine procedural option.
Practice notes
- Practitioners should meticulously document exceptional circumstances when requesting rule suspension.
- Provide a comprehensive and compelling rationale that clearly justifies the need for rule suspension.
Official MPEP § 11.3 — Suspension of rules.
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.3 Suspension of rules.
- (a) In an extraordinary situation, when justice requires, any requirement of the regulations of this Part which is not a requirement of statute may be suspended or waived by the USPTO Director or the designee of the USPTO Director, sua sponte, or on petition by any party, including the OED Director or the OED Director’s representative, subject to such other requirements as may be imposed.
- (b) No petition under this section shall stay a disciplinary proceeding unless ordered by the USPTO Director or a hearing officer.
[Added, 69 FR 35427, June 24, 2004, effective July 26, 2004; revised, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008]