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The United States Patent and Trademark Office (USPTO) has issued an Interim Final Rule (IFR) eliminating provisions that pertain to Continuing Legal Education (CLE) certification and recognition for patent practitioners.
As noted in the IFR, after considering public comments, the USPTO has determined that the voluntary CLE certification and recognition for patent practitioners will not be implemented. The USPTO’s decision is intended to reflect the agency’s focus on the most impactful ways to positively affect the issuance of robust and reliable patents. The USPTO is advancing numerous measures, including working on additional training opportunities for both those at the USPTO and those who practice before the USPTO.
The USPTO has also released, and intends to release, more detailed guidance, both for USPTO employees and those who practice before the USPTO.
Additionally, the USPTO hosts video sessions and provides written and other materials to educate those who practice before the USPTO on applicable cases and guidance and on any updates to USPTO practice. Many reputable organizations also provide CLE related to practice before the USPTO and relevant case law. Much of that CLE is monitored and approved by state bars. The USPTO encourages practitioners to avail themselves of all materials relevant to their practice and to add themselves to the relevant USPTO email lists. It is incumbent on all those who practice before the USPTO to do what is necessary to maintain professional competency.
Previously, the USPTO proposed pro bono work as one way for practitioners to earn CLE credit. While the IFR does away with this proposal, the USPTO continues to encourage practitioners to participate in pro bono work and additional education programs to strengthen important skillsets.
“Pro bono participation is critically important to the future of intellectual property in our country,” remarked Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “The USPTO has expanded our pro bono offerings and encourages all those who practice before the USPTO or who otherwise have the ability to contribute to play a role. Active and expanded pro bono efforts are essential ways to ensure that those who can contribute to job creation, economic prosperity, and world problem-solving have access to the innovation ecosystem and have the ability to protect their intellectual property for their benefit and for the good of the country.”
The full text of the IFR is available in the Federal Register and on the USPTO’s Patent Related Notices webpage.
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