USPTO Proposes New Regulations and Seeks Comment on Statute of Limitations Provisions for Disciplinary Proceedings | Practical Law

USPTO Proposes New Regulations and Seeks Comment on Statute of Limitations Provisions for Disciplinary Proceedings | Practical Law

On January 5, 2012, the USPTO published a notice of proposed rulemaking and request for comments on proposed regulations clarifying the commencement date for the one-year statute of limitations for USPTO practitioner misconduct disciplinary proceedings.

USPTO Proposes New Regulations and Seeks Comment on Statute of Limitations Provisions for Disciplinary Proceedings

by PLC Intellectual Property & Technology
Published on 06 Jan 2012 • USA (National/Federal)
On January 5, 2012, the USPTO published a notice of proposed rulemaking and request for comments on proposed regulations clarifying the commencement date for the one-year statute of limitations for USPTO practitioner misconduct disciplinary proceedings.
On January 5, 2012, the USPTO issued a notice of proposed rulemaking and request for comments on proposed regulations that clarify the commencement date of the one-year statute of limitations for USPTO practitioner misconduct disciplinary proceedings. Under Section 32 of the Patent Act, the USPTO may take disciplinary action against any agent, attorney or other person representing applicants before the USPTO who fails to comply with the regulations established under Section 2(b)(2)(D). Section 32, as amended by the Leahy-Smith America Invents Act (AIA), requires that a disciplinary proceeding start on the earlier of either:
  • Ten years from the date of the misconduct that forms the proceeding’s basis.
  • One year from the date that the misconduct forming the proceeding’s basis was made known to an officer or employee of the USPTO.
The proposed regulations clarify that the date on which the misconduct at issue is made known to an officer or employee of the USPTO is:
  • For complaints based on the receipt of a probable cause determination from the Committee on Discipline, the date that the director of the Office of Enrollment and Discipline (Director) receives a complete, written response to a request for information and evidence pursuant to Section 11.22(f)(1)(ii) of the Code of Federal Regulations.
  • For complaints based on reciprocal discipline, the date that the Director receives a certified copy of the record or order regarding the practitioner who is being publicly censured, publicly reprimanded, subjected to probation, disbarred, suspended or disciplinarily disqualified.
  • For complaints for interim suspension based on a serious crime conviction, the date that the Director receives a certified copy of the record, docket entry or judgment demonstrating that the practitioner has been convicted of a serious crime.
The USPTO is accepting written comments on the proposed regulations through March 5, 2012.