What is the process for appealing a decision of the Director of the Office of Enrollment and Discipline?
Appeals of decisions made by the Director of the Office of Enrollment and Discipline (OED) follow a specific process. According to MPEP 1002.02(k)(1):
- For enrollment or recognition matters: “Petitions under 37 CFR 11.2(d) from a final decision of the Director of the Office of Enrollment and Discipline, regarding enrollment or recognition” are decided by the General Counsel.
- For disciplinary matters: “Petitions under 37 CFR 11.2(e) from a final decision of the Director of the Office of Enrollment and Discipline, regarding disciplinary matters” are also decided by the General Counsel.
- In cases seeking practitioner exclusion or suspension: “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” are handled by the General Counsel.
To appeal a decision:
- File the appropriate petition or appeal as specified in the regulations
- Adhere to the deadlines set forth in the applicable rules
- Provide a clear statement of the grounds for appeal
- Submit any supporting documentation or evidence
It’s highly recommended to consult with an attorney experienced in USPTO administrative procedures when appealing OED decisions.
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