United States Code (Last Updated: May 24, 2014) |
Title 35. PATENTS |
Part I. UNITED STATES PATENT AND TRADEMARK OFFICE |
Chapter 3. PRACTICE BEFORE PATENT AND TRADEMARK OFFICE |
§ 32. Suspension or exclusion from practice
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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.
Historical And Revision
Based on Title 35, U.S.C., 1946 ed., § 11 (R.S. 487, amended Feb. 18, 1922, ch. 58, § 3, 42 Stat. 390).
See note under section 31.
Amendments
2011—Pub. L. 112–29, § 20(j), struck out “of this title” after “2(b)(2)(D)” the first time appearing.
Pub. L. 112–29, § 9(a), substituted “United States District Court for the Eastern District of Virginia” for “United States District Court for the District of Columbia”.
Pub. L. 112–29, § 3(k)(1), inserted before the last sentence “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).”
2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.
1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” in first and last sentences.
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4719], inserted before last sentence “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.”
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4715(c)], substituted “2(b)(2)(D)” for “31”.
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
Effective Date Of Amendment
Pub. L. 112–29, § 3(k)(3),
Amendment by section 9(a) of Pub. L. 112–29 effective
Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on
Amendment by Pub. L. 106–113 effective 4 months after
Amendment by Pub. L. 93–596 effective
Miscellaneous
Pub. L. 112–29, § 3(k)(2),