C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 11—REPRESENTATION OF OTHERS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE › Subpart C—Investigations and Disciplinary Proceedings; Jurisdiction, Sanctions, Investigations, and Proceedings

37 C.F.R. § 11.57

Review of final decision of the USPTO Director

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(a) Review of the final decision by the USPTO Director in a disciplinary case may be had by a petition filed in accordance with 35 U.S.C. 32. Any such petition shall be filed within 30 days after the date of the final decision.

(b) The respondent must serve the USPTO Director with the petition. The respondent must serve the petition in accordance with Rule 4 of the Federal Rules of Civil Procedure and § 104.2 of this chapter.

(c) Except as provided for in § 11.56(c), an order for discipline in a final decision will not be stayed except on proof of exceptional circumstances.

[86 FR 28464, May 26, 2021]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2024 · leading case: Abhyanker v. United States Pat. & Trademark Off., No. 3:23-cv-00746 (N.D. Cal. Aug. 19, 2024).
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Abhyanker v. United States Pat. & Trademark Off., No. 3:23-cv-00746 (N.D. Cal. Aug. 19, 2024). “Under 37 C.F.R. § 11.57 (a), “[r]eview of the final decision by the USPTO Director in a disciplinary case may be had by a petition filed in accordance with 35 27 U.”
Behnamian v. Hirshfeld, No. 1:21-cv-01043 (E.D. Va. Apr. 26, 2022). “§ 32 ; 37 C.F.R. § 11.57 ; E.D. Va. Local Civ. R.”
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