USPTO launches pilot for practitioner disciplinary measures
The US Patent and Trademark Office (USPTO) has introduced a two-year pilot programme for disciplinary measures against practitioners, aiming to bring the office’s practices in line with more than 30 state systems.
The programme, implemented by the Office of Enrolment and Discipline (OED) at the USPTO, allows practitioners who have engaged in “minor misconduct” to avoid formal discipline and instead face specific remedial measures.
According to a press release from the USPTO, published on Friday, November 3, the programme will be available to practitioners whose “physical, mental or emotional health issues (including substance or alcohol abuse) or law practice management issues resulted in minor misconduct and little, if any, harm to a client”.
Practitioners will be offered the opportunity to enter into a diversion agreement with the OED director.
This will require the practitioner to take “affirmative steps to rectify the issue which led to the minor misconduct”.
Criteria for participation are based on criteria recommended by the American Bar Association.
To be able to participate, practitioners must not have been publicly disciplined by the USPTO or another jurisdiction in the past three years, and the conduct at issue must not involve fraud or misrepresentation, result in substantial prejudice to a client, constitute a “serious crime”, or be part of a pattern of similar misconduct.
Joseph Matal, director of the USPTO, said: “We’re hopeful that this pilot programme will align our agency with best practices established in other states while allowing practitioners a fair chance to rectify previous misconduct and allow them to move forward in a productive manner.”
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