37 CFR 11.17: Requirements for participation in the USPTO Law School Clinic Certification Program

Taken from the Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020

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11.17    Requirements for participation in the USPTO Law School Clinic Certification Program.

  • (a) Each law school participating in the USPTO Law School Clinic Certification Program must provide its patent and/or trademark services on a pro bono basis.
  • (b) Each law school participating in the USPTO Law School Clinic Certification Program shall, on a semiannual basis, provide OED with a report regarding its clinic activity during the reporting period, which shall include:
    • (1) The number of law students participating in each of the patent and trademark practice areas of the school’s clinic;
    • (2) The number of faculty participating in each of the patent and trademark practice areas of the school’s clinic;
    • (3) The number of persons to whom the school’s clinic provided assistance in any given patent or trademark matter but with whom no practitioner-client relationship had formed;
    • (4) The number of client representations undertaken for each of the patent and trademark practice areas of the school’s clinic;
    • (5) The identity and number of applications and responses filed in each of the patent and/or trademark practice areas of the school’s clinic;
    • (6) The number of patents issued, or trademarks registered, to clients of the clinic; and
    • (7) All other information specified by the OED Director.
  • (c) Inactivation of law schools participating in the USPTO Law School Certification Program.
    • (1) The OED Director may inactivate a patent and/or trademark practice area of a participating law school:
      • (i) If the participating law school does not have an approved Faculty Clinic Supervisor for the relevant practice area, as described in § 11.16(c);
      • (ii) If the participating law school does not meet each of the requirements and criteria for participation in the USPTO Law School Clinic Certification Program as set forth in § 11.16, this section, or as otherwise established by the OED Director; or
      • (iii) For other good cause as determined by the OED Director.
    • (2) In the event that a practice area of a participating school is inactivated, the participating law school students must:
      • (i) Immediately cease all student practice before the Office in the relevant practice area and notify each client of such; and
      • (ii) Disassociate themselves from all client matters relating to practice before the Office in the relevant practice area, including complying with Office and State rules for withdrawal from representation.
    • (3) A patent or trademark practice area of a law school clinic that has been inactivated may be restored to active status, upon application to and approval by the OED Director.
  • (d) Removal of law schools participating in the USPTO Law School Clinic Certification Program.
    • (1) The OED Director may remove a patent and/or trademark practice area of the clinic of a law school participating in the USPTO Law School Clinic Certification Program:
      • (i) Upon request from the law school;
      • (ii) If the participating law school does not meet each of the requirements and criteria for participation in the USPTO Law School Clinic Certification Program as set forth in § 11.16, this section, or as otherwise established by the OED Director; or
      • (iii) For other good cause as determined by the OED Director.
    • (2) In the event that a practice area of a participating school is removed by the OED Director, the participating law school students must:
      • (i) Immediately cease all student practice before the Office in the relevant practice area and notify each client of such; and
      • (ii) Disassociate themselves from all client matters relating to practice before the Office in the relevant practice area, including complying with Office and State rules for withdrawal from representation.
    • (3) A school that has been removed from participation in the USPTO Law School Clinic Certification Program under this section may reapply to the program in compliance with § 11.16.
[Added, 81 FR 33591, May 27, 2016, effective June 27, 2016]