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35 U.S.C. § 32Suspension or exclusion from practice

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 253 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Director of the Patent and Trademark Office can suspend or bar people from practicing there if they are incompetent, dishonest, or violate the rules. The person gets notice and a hearing first, and can later ask a federal court to review the decision.

This section lets the Director of the Patent and Trademark Office discipline people who practice before it. After giving notice and a chance for a hearing, the Director may suspend or exclude — generally or in a specific case — any person, agent, or attorney who is shown to be incompetent, disreputable, or guilty of serious misconduct. The same applies to anyone who breaks the rules set under section 2(b)(2)(D), or who tries to defraud, deceive, mislead, or threaten an applicant or other person with business before the Office. The Director must keep a written record of the reasons for any suspension or exclusion. The Director can assign an Office attorney to run the hearing. A case must start within the earlier of two deadlines: 10 years after the misconduct happened, or 1 year after an Office officer or employee learns about it, following the process set by regulation. The person who was suspended or excluded can ask the U.S. District Court for the Eastern District of Virginia to review the Director's action, under whatever procedures that court's rules set.
the actual law source: uscode.house.gov ↗public domain

The Director may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and Trademark Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 2(b)(2)(D), or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the Office. The reasons for any such suspension or exclusion shall be duly recorded. The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section. A proceeding under this section shall be commenced not later than the earlier of either the date that is 10 years after the date on which the misconduct forming the basis for the proceeding occurred, or 1 year after the date on which the misconduct forming the basis for the proceeding is made known to an officer or employee of the Office as prescribed in the regulations established under section 2(b)(2)(D). The United States District Court for the Eastern District of Virginia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Director upon the petition of the person so refused recognition or so suspended or excluded.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4715(c), 4719, 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–580 to 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §§ 3(k)(1), 9(a), 20(j), Sept. 16, 2011, 125 Stat. 291, 316, 335.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 795
  • 1975Amended · Pub. L. 93-596 · 88 Stat. 1949
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1906
  • 2011Amended · Pub. L. 112-29 · 125 Stat. 291, 316, 335

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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