Can USPTO employees communicate with a suspended or excluded patent practitioner about an application?
This page is an FAQ based on guidance 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.
In most cases, no. USPTO employees are prohibited from communicating, either orally or in writing, with a suspended or excluded patent attorney or agent regarding a patent application. The MPEP states:
USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application…
The only exception is if the suspended or excluded practitioner is the inventor or applicant on that specific application. Otherwise, USPTO staff cannot discuss an application with a practitioner who has been suspended or excluded from practice before the USPTO.