37 CFR Part 11, Subpart B - Recognition To Practice Before the USPTO
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Subject Group 194Patents, Trademarks, and Other Non-Patent Law (§§ 11.4 - 11.18)
- § 11.4 [Reserved]
- § 11.5 Register of attorneys and agents in patent matters; practice before the Office.
- § 11.6 Registration of attorneys and agents.
- § 11.7 Requirements for registration.
- § 11.8 Oath and registration fee.
- § 11.9 Limited recognition in patent matters.
- § 11.10 Restrictions on practice in patent matters.
- § 11.11 Administrative suspension, inactivation, resignation, and readmission.
- §§ 11.12-11.13 [Reserved]
- § 11.14 Individuals who may practice before the Office in trademark and other non-patent matters.
- § 11.15 Refusal to recognize a practitioner.
- § 11.16 Requirements for admission to the USPTO Law School Clinic Certification Program.
- § 11.17 Requirements for participation in the USPTO Law School Clinic Certification Program.
- § 11.18 Signature and certificate for correspondence filed in the Office.
Title 37 published on 20-Dec-2017 04:15
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR Part 11 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-12498 RIN 0651-AC99 Docket No. PTO-C-2015-0018 DEPARTMENT OF COMMERCE, Patent and Trademark Office Final rule. This rule is effective on June 27, 2016. 37 CFR Part 11 The United States Patent and Trademark Office (“Office” or “USPTO”) is issuing a final rule to comply with a Public Law enacted on December 16, 2014. This law requires the USPTO Director to establish regulations and procedures for application to, and participation in, the USPTO Law School Clinic Certification Program. The program allows students enrolled in a participating law school's clinic to practice patent and trademark law before the USPTO under the direct supervision of an approved faculty clinic supervisor by drafting, filing, and prosecuting patent or trademark applications, or both, on a pro bono basis for clients who qualify for assistance from the law school's clinic.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-31627 RIN 0651-AC99 Docket No. PTO-C-2015-0018 DEPARTMENT OF COMMERCE, Patent and Trademark Office Notice of proposed rulemaking. To be ensured of consideration, written comments must be received on or before February 16, 2016. 37 CFR Part 11 This rulemaking is required by a Public Law enacted on December 16, 2014. This law requires the United States Patent and Trademark Office (“Office” or “USPTO”) Director to establish regulations and procedures for application to and participation in the USPTO Law School Clinic Certification Program. This law removed the “pilot” status of the USPTO's existing law school clinic certification program. The program allows students enrolled in a participating law school's clinic to practice patent and trademark law before the USPTO under the direct supervision of a faculty clinic supervisor by drafting, filing, and prosecuting patent or trademark applications, or both, on a pro bono basis for clients who qualify for assistance from the law school's clinic. In this way, these student practitioners gain valuable experience drafting, filing, and prosecuting patent and trademark applications that would otherwise be unavailable to students while in law school. The program also facilitates the provision of pro bono services to trademark and patent applicants who lack the financial resources to pay for legal representation. The proposed rules incorporate the requirements and procedures developed and implemented during the pilot phase of the program.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-06397 RIN 0651-AC87 Docket No. PTO-P-2013-0025 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Final rule. Effective date: The changes in this final rule take effect on May 13, 2015. Applicability date: The changes to 37 CFR 1.32, 1.46, 1.63, 1.76, and 1.175 in this final rule apply only to patent applications filed under 35 U.S.C. 111, 363, or 385 on or after September 16, 2012. The changes to 37 CFR 1.53(b) and (c) and 1.57(a)(4) in this final rule apply only to patent applications filed under 35 U.S.C. 111 on or after December 18, 2013. 37 CFR Parts 1, 3, 5, 11, and 41 Title I of the Patent Law Treaties Implementation Act of 2012 (“PLTIA”) amends the United States patent laws to implement the provisions of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, July 2, 1999, (hereinafter “Hague Agreement”) and is to take effect on the entry into force of the Hague Agreement with respect to the United States. Under the Hague Agreement, qualified applicants may apply for design protection in the Contracting Parties to the Hague Agreement by filing a single, standardized international design application in a single language. The United States Patent and Trademark Office is revising the rules of practice to implement title I of the PLTIA.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-24891 RIN 0651-AC98 Docket No. PTO-P-2014-0045 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Final rule. Effective Date: The changes in this final rule are effective on October 22, 2014. 37 CFR Parts 1, 2, 7, 11, 41, and 42 The United States Patent and Trademark (Office) is revising the rules of practice to change the phrase Express Mail or EXPRESS MAIL® to Priority Mail Express® due to the United States Postal Service (USPS) renaming Express Mail® to Priority Mail Express® on July 28, 2013, and to make other changes to conform the nomenclature used in the rules of practice to the current nomenclature used by the USPS.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-00729 RIN 0651-AC87 Docket No. PTO-P-2013-0025 DEPARTMENT OF COMMERCE, Patent and Trademark Office Notice of extension of public comment period. The comment deadline announced in the proposed rule published on November 29, 2013 (78 FR 71870) has been extended. To be ensured of consideration, written comments must be received on or before Tuesday, February 4, 2014. 37 CFR Parts 1, 3, 5 and 11 The United States Patent and Trademark Office (“USPTO” or “Office”) published a notice of proposed rulemaking to change the rules of practice to implement Title I of the Patent Law Treaties Implementation Act of 2012 (“PLTIA”). Title I of the PLTIA amends the patent laws to implement the provisions of the 1999 Geneva Act of the Hague Agreement and is to take effect on the entry in force of the Hague Agreement with respect to the United States. On January 14, 2014, the Office conducted a public forum at the Alexandria, Virginia headquarters to discuss the proposed rules. The USPTO is extending the comment period in order to provide interested members of the public with additional time to submit written comments to the USPTO.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-30785 RIN Docket No. PTO-C-2013-0059 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Notice of meeting. Event: The USPTO will hold a forum in Alexandria, Virginia, on January 14, 2014, beginning at 9:00 a.m. Eastern Standard Time (EST), and ending at 12:00 p.m. EST. Registration: Registration for the forum is requested by December 31, 2013. 37 CFR Parts 1, 3, 5 and 11 The United States Patent and Trademark Office (“USPTO” or “Office”) is convening a forum to discuss implementation of title I of the Patent Law Treaties Implementation Act of 2012 (“PLTIA”). The PLTIA amends the patent laws to implement the provisions of the 1999 Geneva Act of the Hague Agreement Concerning International Registration of Industrial Designs (“Hague Agreement”) and is to take effect on the entry into force of the Hague Agreement with respect to the United States. On November 29, 2013, the Office published a proposed rule in the Federal Register proposing changes to the rules of practice to implement title I of the PLTIA and seeking written comments on the proposals. The forum is an additional way for the public to learn about the Office's proposals in advance of the written comment deadline.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-28262 RIN 0651-AC87 Docket No. PTO-P-2013-0025 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Notice of proposed rulemaking. Comment Deadline Date: Written comments must be received on or before January 28, 2014. 37 CFR Parts 1, 3, 5 and 11 Title I of the Patent Law Treaties Implementation Act of 2012 (“PLTIA”) amends the patent laws to implement the provisions of the 1999 Geneva Act of the Hague Agreement Concerning International Registration of Industrial Designs (“Hague Agreement”) and is to take effect on the entry into force of the Hague Agreement with respect to the United States. The Hague Agreement provides that an applicant is entitled to apply for design protection in Hague Agreement member countries and with intergovernmental organizations by filing a single, standardized international design application in a single language. The United States Patent and Trademark Office (USPTO or Office) proposes changes to the rules of practice to implement title I of the PLTIA.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-24471 RIN 0651-AC85 Docket No. PTO-P-2013-0007 DEPARTMENT OF COMMERCE, Patent and Trademark Office Final rule. Effective date: December 18, 2013. Applicability date: The changes to 37 CFR 1.1, 1.4, 1.5, 1.6, 1.7, 1.17, 1.20, 1.23, 1.25, 1.29, 1.33, 1.51, 1.52, 1.54, 1.55(b) through (e) and (h), 1.57(b) through (i), 1.58, 1.72, 1.76(d)(2), (f) and (g), 1.78, 1.83, 1.85, 1.131, 1.136, 1.137, 1.138, 1.197, 1.290, 1.311, 1.366, 1.378, 1.452, 1.550, 1.809, 1.958, 3.11, 3.31, and 11.18, and the removal of 37 CFR 1.317, apply to any patent application filed before, on, or after December 18, 2013, to any patent resulting from an application filed before, on, or after December 18, 2013, and to any reexamination proceeding and any request for supplemental examination filed before, on, or after December 18, 2013. The changes to 37 CFR 1.16, 1.53(b) and (c), 1.57(a), 1.76(b)(3), and 1.81 apply only to patent applications filed under 35 U.S.C. 111 on or after December 18, 2013. The changes to 37 CFR 1.53(f) and 1.495 apply only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012. The changes to 37 CFR 1.55(f) and 37 CFR 1.704 apply only to patent applications filed under 35 U.S.C. 111 on or after December 18, 2013, and international patent applications in which the national stage commenced under 35 U.S.C. 371 on or after December 18, 2013. 37 CFR Parts 1, 3 and 11 The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends the patent laws to implement the provisions of the Hague Agreement Concerning International Registration of Industrial Designs (Hague Agreement) in title I, and the Patent Law Treaty (PLT) in title II. The PLT harmonizes and streamlines formal procedures pertaining to the filing and processing of patent applications. This final rule revises the rules of practice for consistency with the changes in the PLT and title II of the PLTIA. The United States Patent and Trademark Office (Office) is implementing the Hague Agreement and title I of the PLTIA in a separate rulemaking. The notable changes in the PLT and title II of the PLTIA pertain to: The filing date requirements for a patent application; the restoration of patent rights via the revival of abandoned applications and acceptance of delayed maintenance fee payments; and the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. This final rule also revises the patent term adjustment provisions to provide for a reduction of any patent term adjustment if an application is not in condition for examination within eight months of its filing date or date of commencement of national stage in an international application, and contains miscellaneous changes pertaining to the supplemental examination, inventor's oath or declaration, and first inventor to file provisions of the Leahy-Smith America Invents Act (AIA).
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-07382 RIN 0651-AC81 Docket No. PTO-C-2012-0034 DEPARTMENT OF COMMERCE, Patent and Trademark Office Final rule. Effective Date: May 3, 2013. 37 CFR Parts 1, 2, 7, 10, 11 and 41 The United States Patent and Trademark Office (Office or USPTO) is adopting the new USPTO Rules of Professional Conduct (USPTO Rules), which are based on the American Bar Association's (ABA) Model Rules of Professional Conduct (ABA Model Rules), which were published in 1983, substantially revised in 2003 and updated through 2012. The Office has also revised the existing procedural rules governing disciplinary investigations and proceedings. These changes will enable the Office to better protect the public while also providing practitioners with substantially uniform disciplinary rules across multiple jurisdictions.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-25355 RIN 0651-AC81 Docket No. PTO-C-2012-0034 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Notice of proposed rulemaking. To be ensured of consideration, written comments must be received on or before December 17, 2012. 37 CFR Parts 1, 2, 7, 10, 11 and 41 The United States Patent and Trademark Office (Office or USPTO) proposes to align the USPTO's professional responsibility rules with those of most other U.S. jurisdictions by replacing the current Patent and Trademark Office Code of Professional Responsibility, adopted in 1985, based on the 1980 version of the Model Code of Professional Responsibility of the American Bar Association (“ABA”), with new USPTO Rules of Professional Conduct, which are based on the Model Rules of Professional Conduct of the ABA, which were published in 1983, substantially revised in 2003 and updated through 2011. Changes approved by the ABA House of Delegates in August 2012 have not been incorporated in these proposed rules. The Office also proposes to revise the existing procedural rules governing disciplinary investigations and proceedings.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-18530 RIN 0651-AC66 Docket No. PTO-P-2011-0072 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Final rule. Effective date: The changes in this final rule are effective on September 16, 2012. 37 CFR Parts 1, 5, 10, 11, and 41 The Leahy-Smith America Invents Act (AIA) expands the scope of information that any party may cite in a patent file to include written statements of a patent owner filed in a proceeding before a Federal court or the United States Patent and Trademark Office (Office) regarding the scope of any claim of the patent, and provides for how such information may be considered in ex parte reexamination, inter partes review, and post grant review. The AIA also provides for an estoppel that may attach with respect to the filing of an ex parte reexamination request subsequent to a final written decision in an inter partes review or post grant review proceeding. The Office is revising the rules of practice to implement these post-patent provisions, as well as other miscellaneous provisions, of the AIA.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-18554 RIN 0651-AC76 Docket No. PTO-C-2011-0089 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Final rule. Effective Date: The changes in this final rule are effective on August 30, 2012. 37 CFR Part 11 The Leahy-Smith America Invents Act (AIA) requires that disciplinary proceedings before the United States Patent and Trademark Office (Office or USPTO) 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 of the proceeding occurred, or one year from the date on which the misconduct forming the basis of the proceeding was made known to an officer or employee of the Office, as prescribed in the regulations governing disciplinary proceedings. The Office is adopting procedural rules which: Specify that a disciplinary complaint shall be filed within one year after the date on which the Office of Enrollment and Discipline (OED) Director receives a grievance forming the basis of the complaint, and in no event more than ten years after the date on which the misconduct forming the basis for the proceeding occurred; define grievance as a written submission from any source received by the OED Director that presents possible grounds for discipline of a specified practitioner; and clarify that the one-year time frame for filing a complaint may be tolled by written agreement. The Office will evaluate these procedures in the future to determine their effectiveness. If the new one-year time frame proves to be administratively unworkable or impedes the effectiveness of the disciplinary process, the Office may issue a new notice of proposed rulemaking.
GPO FDSys XML | Text type regulations.gov FR Doc. 2011-33814 RIN 0651-AC76 Docket No. PTO-C-2011-0089 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Notice of proposed rulemaking, request for comments. To be ensured of consideration, written comments must be received on or before March 5, 2012. 37 CFR Part 11 The Leahy-Smith America Invents Act (AIA) requires that disciplinary proceedings be commenced not later than the earlier of the date that is 10 years after the date on which the misconduct forming the basis of the proceeding occurred, or one year from the date on which the misconduct forming the basis of the proceeding was made known to an officer or employee of the United States Patent and Trademark Office (Office or USPTO), as prescribed in the regulations governing disciplinary proceedings. The Office initiates disciplinary proceedings via three types of disciplinary complaints: complaints predicated on the receipt of a probable cause determination from the Committee on Discipline; complaints seeking reciprocal discipline; and complaints seeking interim suspension based on a serious crime conviction. This notice proposes that the one-year statute of limitations commences, with respect to complaints predicated on the receipt of a probable cause determination from the Committee on Discipline, the date on which the Director, Office of Enrollment and Discipline (OED Director) receives from the practitioner a complete, written response to a request for information and evidence; with respect to complaints based on reciprocal discipline, the date on which the OED Director receives a certified copy of the record or order regarding the practitioner being publicly censured, publicly reprimanded, subjected to probation, disbarred, suspended, or disciplinarily disqualified; and, with respect to complaints for interim suspension based on a serious crime conviction, the date on which the OED Director receives a certified copy of the record, docket entry, or judgment demonstrating that the practitioner has been convicted of a serious crime.