How can a practitioner appeal a decision of the USPTO Office of Enrollment and Discipline?

Practitioners can appeal decisions of the USPTO Office of Enrollment and Discipline (OED) through a process overseen by the General Counsel. According to MPEP 1002.02(k)(1), the General Counsel decides on:

“Appeals under 37 CFR 11.55 of initial decisions of hearing officers and requests for reconsideration under 37 CFR 11.56(c) in proceedings under 35 U.S.C. 32 in which the Director of the Office of Enrollment and Discipline seeks to exclude or suspend a practitioner from practice before the United States Patent and Trademark Office.”

To appeal an OED decision:

1. File an appeal under 37 CFR 11.55 if challenging an initial decision of a hearing officer
2. Submit a request for reconsideration under 37 CFR 11.56(c) if seeking review of a final decision
3. Ensure the appeal or request is timely filed according to the regulations
4. Provide a clear statement of the issues and grounds for appeal or reconsideration
5. Submit the appeal or request to the USPTO, addressed to the Office of the General Counsel

It’s crucial to follow the specific procedures outlined in the relevant CFR sections and to meet all deadlines to preserve your right to appeal.

To learn more:

• OED appeals
• practitioner discipline
• USPTO General Counsel
• Office of Enrollment and Discipline