37 CFR 11.40: Representative for OED Director or respondent

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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11.40    Representative for OED Director or respondent.

  • (a) A respondent may represent himself or herself, or be represented by an attorney before the Office in connection with an investigation or disciplinary proceeding. The attorney shall file a written declaration that he or she is an attorney within the meaning of § 11.1 and shall state:
    • (1) The address to which the attorney wants correspondence related to the investigation or disciplinary proceeding sent, and
    • (2) A telephone number where the attorney may be reached during normal business hours.
  • (b) The Deputy General Counsel for Intellectual Property and Solicitor, and attorneys in the Office of the Solicitor shall represent the OED Director. The attorneys representing the OED Director in disciplinary proceedings shall not consult with the USPTO Director, the General Counsel, the Deputy General Counsel for General Law, or an individual designated by the USPTO Director to decide disciplinary matters regarding the proceeding. The General Counsel and the Deputy General Counsel for General Law shall remain screened from the investigation and prosecution of all disciplinary proceedings in order that they shall be available as counsel to the USPTO Director in deciding disciplinary proceedings unless access is appropriate to perform their duties. After a final decision is entered in a disciplinary proceeding, the OED Director and attorneys representing the OED Director shall be available to counsel the USPTO Director, the General Counsel, and the Deputy General Counsel for General Law in any further proceedings.
[Added, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008]