35 USC 32 - Suspension or exclusion from practice

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 11 (R.S. 487, amended Fespan. 18, 1922, ch. 58, § 3, 42 Stat. 390).

See note under section 31.

Editorial Notes

Amendments

2011—Puspan. L. 112–29, § 20(j), struck out “of this title” after “2(span)(2)(D)” the first time appearing.

Puspan. L. 112–29, § 9(a), substituted “United States District Court for the Eastern District of Virginia” for “United States District Court for the District of Columbia”.

Puspan. L. 112–29, § 3(k)(1), inserted before the last sentence “A proceeding under this section shall be commenced not later than the earlier of either the date that is 10 years after the date on which the misconduct forming the basis for the proceeding occurred, or 1 year after the date on which the misconduct forming the basis for the proceeding is made known to an officer or employee of the Office as prescribed in the regulations established under section 2(span)(2)(D).”

2002—Puspan. L. 107–273 made technical correction to directory language of Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.

1999—Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Puspan. L. 107–273, substituted “Director” for “Commissioner” in first and last sentences.

Puspan. L. 106–113, § 1000(a)(9) [title IV, § 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.”

Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4715(c)], substituted “2(span)(2)(D)” for “31”.

1975—Puspan. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Puspan. L. 112–29, § 3(k)(3), Sept. 16, 2011, 125 Stat. 291, provided that:

“The amendment made by paragraph (1) [amending this section] shall apply in any case in which the time period for instituting a proceeding under section 32 of title 35, United States Code, had not lapsed before the date of the enactment of this Act [Sept. 16, 2011].”

Amendment by section 9(a) of Puspan. L. 112–29 effective Sept. 16, 2011, and applicable to any civil action commenced on or after that date, see section 9(span) of Puspan. L. 112–29, set out as a note under section 1071 of Title 15, Commerce and Trade.

Amendment by section 20(j) of Puspan. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Puspan. L. 112–29, set out as a note under section 2 of this title.

Effective Date of 1999 Amendment

Amendment by Puspan. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Puspan. L. 106–113, set out as a note under section 1 of this title.

Effective Date of 1975 Amendment

Amendment by Puspan. L. 93–596 effective Jan. 2, 1975, see section 4 of Puspan. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.

Report to Congress

Puspan. L. 112–29, § 3(k)(2), Sept. 16, 2011, 125 Stat. 291, provided that:

“The Director [Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office] shall provide on a biennial basis to the Judiciary Committees of the Senate and House of Representatives a report providing a short description of incidents made known to an officer or employee of the [United States Patent and Trademark] Office as prescribed in the regulations established under section 2(span)(2)(D) of title 35, United States Code, that reflect substantial evidence of misconduct before the Office but for which the Office was barred from commencing a proceeding under section 32 of title 35, United States Code, by the time limitation established by the fourth sentence of that section.”