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USPTO formalizes practitioner program for minor issues of misconduct
To align the United States Patent and Trademark Office's (USPTO) disciplinary practices with most state attorney disciplinary practices against patent and trademark agents and attorneys who have engaged in minor issues of misconduct that have not caused damage to the client, including misconduct relating to issues stemming from alcohol abuse or mental health concerns, the USPTO has issued a final rule formalizing its Diversion Pilot Program.
Based on the American Bar Association Model Rules for Lawyer Disciplinary Enforcement, the Diversion Pilot Program began in September 2017 as an alternative to formal discipline. A practitioner’s participation in the Diversion Pilot Program is intended to protect the public by providing the practitioner with an opportunity to rectify the underlying cause of the practitioner’s misconduct, thus reducing the chance that the misconduct will recur or escalate. The program was extended to November 15, 2023 (see Official Gazette Notice on the USPTO website) in order to officially formalize it. More information on the Diversion Pilot Program can be found on the Office of Enrollment and Discipline page of the USPTO website.
The final rule also requires reciprocally recognized foreign trademark attorneys and agents to regularly update their contact information and foreign licensure status in order to provide the public current information.
Find the full text of the final rule in the Federal Register. When the final rule officially publishes on July 14, it is also slated to be available on the USPTO’s Federal Register Notices webpage, Patent Related Notices webpage, and Trademark Laws & Regulations webpage.
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