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PRESS RELEASE
November 3, 2017
#17-03
CONTACT: (Media Only) Paul Fucito
(571) 272-8400 or paul.fucito@uspto.gov
USPTO Launches Two Year Diversion Pilot Program
WASHINGTON - The
Department of Commerce's United States Patent and Trademark Office (USPTO) is
initiating a two-year Diversion Pilot Program for patent and trademark
practitioners. Implemented by the Office of Enrollment and Discipline
(OED), the program aligns USPTO with the practices of more than 30 state
attorney discipline systems. It will help OED accomplish its mission of
protecting the public from practitioners who fail to comply with the USPTO’s
standards for ethics and professionalism.
OED’s
Diversion Pilot Program offers practitioners who engaged in minor misconduct
the opportunity to avoid formal discipline by implementing specific remedial
measures. The Diversion Pilot Program will be available to practitioners whose
physical, mental, or emotional health issues (including substance or alcohol
abuse) or law practice management issues resulted in minor misconduct and
little, if any, harm to a client. In appropriate cases, a practitioner will be
offered the opportunity to enter into a diversion agreement with the OED
Director, which will require the practitioner to take affirmative steps to
rectify the issue which led to the minor misconduct.
“We’re
hopeful that this pilot program will align our agency with best practices
established in other states while allowing practitioners a fair chance to
rectify previous misconduct and allow them to move forward in a productive
manner,” said Joseph Matal, Performing the Functions and Duties of the Under
Secretary of Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office.
The criteria
for participation will initially be based upon criteria recommended by the
American Bar Association. To participate in the Diversion Pilot Program,
practitioners must not have not been publicly disciplined by the USPTO or
another jurisdiction in the past three years, and must be willing and able to
participate in the program. In addition, the conduct at issue must not (1)
involve the misappropriation of funds or dishonesty, deceit, fraud or
misrepresentation, (2) result in or likely result in substantial prejudice to a
client or other person, (3) constitute a “serious crime,” as defined by 37
C.F.R. § 11.1; or (4) be part of a pattern of similar misconduct or be of the
same nature as misconduct for which the practitioner has been disciplined
within the past five years. Once it is determined that both the practitioner
and misconduct at issue are eligible, other factors will be considered in
determining whether diversion is appropriate.
OED is
enthusiastic to join the over 30 state attorney discipline systems that have
implemented diversion programs. OED expects that the diversion program will
further its mission of protecting the public by strengthening the skills and
abilities of individuals who practice before the USPTO.
For further
information about the Diversion Pilot Program, visit the OED website.
Stay current
with the USPTO by subscribing to receive e-mail updates. Visit our Subscription
Center at www.uspto.gov/subscribe.
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