What role does the General Counsel play in USPTO disciplinary proceedings?
The General Counsel plays a significant role in USPTO disciplinary proceedings, particularly in matters involving the Office of Enrollment and Discipline (OED). According to MPEP 1002.02(k)(1), the General Counsel is responsible for deciding:
- Petitions under 37 CFR 11.2(d) from final decisions of the OED Director regarding enrollment or recognition
- Petitions under 37 CFR 11.2(e) from final decisions of the OED Director regarding disciplinary matters
- Appeals under 37 CFR 11.55 of initial decisions of hearing officers
- Requests for reconsideration under 37 CFR 11.56(c) in proceedings under 35 U.S.C. 32
- All contested decisions involving the Office of Enrollment and Discipline
The MPEP states: “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.”
This indicates that the General Counsel has a crucial role in reviewing and deciding on disciplinary actions against practitioners before the USPTO.
To learn more: