What is the difference between a suspended and an excluded patent practitioner?

While both suspended and excluded patent practitioners are prohibited from practicing before the USPTO, there are differences in the nature and duration of the prohibition:

  • Suspended practitioner: Temporarily prohibited from practicing before the USPTO for a specific period.
  • Excluded practitioner: Permanently prohibited from practicing before the USPTO, unless later reinstated.

The MPEP § 407 uses both terms, indicating that the Office treats them similarly in terms of communication and representation: ‘The Office does not communicate with attorneys or agents who have been suspended or excluded from practice.’

Topics: MPEP 400 - Representative of Applicant or Owner, MPEP 407 - Suspended or Excluded Patent Practitioner, Patent Law, Patent Procedure
Tags: excluded practitioners, patent law changes, suspended practitioners, USPTO practice