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35 USC CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK

OFFICE 01/06/03

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TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE

-HEAD-

CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE

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Sec.

[31. Repealed.]

32. Suspension or exclusion from practice.

33. Unauthorized representation as practitioner.

AMENDMENTS

1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4715(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580, struck out item

31 "Regulations for agents and attorneys".

1975 - Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949,

substituted "PATENT AND TRADEMARK OFFICE" for "PATENT OFFICE" in

chapter heading.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 5 section 500.

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35 USC Sec. 31 01/06/03

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TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE

-HEAD-

[Sec. 31. Repealed. Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title

IV, Sec. 4715(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580]

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Section, acts July 19, 1952, ch. 950, 66 Stat. 795; Pub. L.

93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949, authorized the

Commissioner to prescribe regulations for agents and attorneys.

EFFECTIVE DATE OF REPEAL

Repeal effective 4 months after Nov. 29, 1999, see section

1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as an

Effective Date of 1999 Amendment note under section 1 of this

title.

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35 USC Sec. 32 01/06/03

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TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE

-HEAD-

Sec. 32. Suspension or exclusion from practice

-STATUTE-

The Director may, after notice and opportunity for a hearing,

suspend or exclude, either generally or in any particular case,

from further practice before the Patent and Trademark Office, any

person, agent, or attorney shown to be incompetent or disreputable,

or guilty of gross misconduct, or who does not comply with the

regulations established under section 2(b)(2)(D) of this title, or

who shall, by word, circular, letter, or advertising, with intent

to defraud in any manner, deceive, mislead, or threaten any

applicant or prospective applicant, or other person having

immediate or prospective business before the Office. The reasons

for any such suspension or exclusion shall be duly recorded. The

Director shall have the discretion to designate any attorney who is

an officer or employee of the United States Patent and Trademark

Office to conduct the hearing required by this section. The United

States District Court for the District of Columbia, under such

conditions and upon such proceedings as it by its rules determines,

may review the action of the Director upon the petition of the

person so refused recognition or so suspended or excluded.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93-596, Sec. 1, Jan.

2, 1975, 88 Stat. 1949; Pub. L. 106-113, div. B, Sec. 1000(a)(9)

[title IV, Secs. 4715(c), 4719, 4732(a)(10)(A)], Nov. 29, 1999, 113

Stat. 1536, 1501A-580 to 1501A-582; Pub. L. 107-273, div. C, title

III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)

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HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 11 (R.S. 487, amended

Feb. 18, 1922, ch. 58, Sec. 3, 42 Stat. 390).

See note under section 31.

AMENDMENTS

2002 - Pub. L. 107-273 made technical correction to directory

language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)]. See 1999 Amendment note below.

1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], as amended by Pub. L. 107-273, substituted

"Director" for "Commissioner" in first and last sentences.

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4719], inserted

before last sentence "The Director shall have the discretion to

designate any attorney who is an officer or employee of the United

States Patent and Trademark Office to conduct the hearing required

by this section."

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4715(c)],

substituted "2(b)(2)(D)" for "31".

1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"

for "Patent Office".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of Title

15, Commerce and Trade.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 500.

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35 USC Sec. 33 01/06/03

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TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE

-HEAD-

Sec. 33. Unauthorized representation as practitioner

-STATUTE-

Whoever, not being recognized to practice before the Patent and

Trademark Office, holds himself out or permits himself to be held

out as so recognized, or as being qualified to prepare or prosecute

applications for patent, shall be fined not more than $1,000 for

each offense.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 796; Pub. L. 93-596, Sec. 1, Jan.

2, 1975, 88 Stat. 1949.)

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HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 11a (May 9, 1938, ch.

188, 52 Stat. 342).

This is a criminal statute. The language has been considerably

simplified and the upper limit of the penalty is increased.

AMENDMENTS

1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"

for "Patent Office".

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a under section 1111 of Title 15,

Commerce and Trade.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 500.

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