justicedao/patent-legal-corpus huggingface dataset:
37 CFR 11.803 — Representation of Others Before the United States Patent and Trademark Office
Current through: 2024-07-01

Reporting professional misconduct.

§ 11.803 Reporting professional misconduct. (a) A practitioner who knows that another practitioner has committed a violation of the USPTO Rules of Professional Conduct that raises a substantial question as to that practitioner's honesty, trustworthiness or fitness as a practitioner in other respects, shall inform the OED Director and any other appropriate professional authority. (b) A practitioner who knows that a judge, hearing officer, administrative law judge, administrative patent judge, or administrative trademark judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the individual's fitness for office shall inform the appropriate authority. (c) The provisions of this section do not require disclosure of information otherwise protected by § 11.106 or information gained while participating in an approved lawyers assistance program.
37 CFR 11.804 — Representation of Others Before the United States Patent and Trademark Office
Current through: 2024-07-01

Misconduct.

§ 11.804 Misconduct. It is professional misconduct for a practitioner to: (a) Violate or attempt to violate the USPTO Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) Commit a criminal act that reflects adversely on the practitioner's honesty, trustworthiness, or fitness as a practitioner in other respects, or be convicted of a crime that reflects adversely on the practitioner's honesty, trustworthiness, or fitness as a practitioner in other respects; (c) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) Engage in conduct that is prejudicial to the administration of justice; (e) State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the USPTO Rules of Professional Conduct or other law; (f) Knowingly assist a judge, hearing officer, administrative law judge, administrative patent judge, administrative trademark judge, or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; (g) Knowingly assist an officer or employee of the Office in conduct that is a violation of applicable rules of conduct or other law; (h) Be publicly disciplined on ethical or professional misconduct grounds by any duly constituted authority of: (1) A State, (2) The United States, or (3) A country having disciplinary jurisdiction over the practitioner; or (i) Engage in other conduct that adversely reflects on the practitioner's fitness to practice before the Office. [78 FR 20201, Apr. 3, 2013, as amended at 86 FR 28467, May 26, 2021]
37 CFR 11.8 — [Reserved] Representation of Others Before the United States Patent and Trademark Office
Current through: 2024-07-01

Oath and registration fee.

§ 11.8 Oath and registration fee. (a) After an individual passes the examination, or the examination is waived, the OED Director shall promptly publish a solicitation for information concerning the individual's good moral character and reputation. The solicitation shall include the individual's name, and business or communication postal address. (b) An individual shall not be registered as an attorney under § 11.6(a), registered as an agent under § 11.6(b) or (c), registered as a design patent practitioner under § 11.6(d), or granted limited recognition under § 11.9(b) unless, within two years of the mailing date of a notice of passing the registration examination or of a waiver of the examination, the individual files with the OED Director a completed Data Sheet, an oath or declaration prescribed by the USPTO Director, and the registration fee set forth in § 1.21(a)(2) of this subchapter. An individual seeking registration as an attorney under § 11.6(a) must provide a certificate of good standing of the bar of the highest court of a State that is no more than six months old. (c) An individual who does not comply with the requirements of paragraph (b) of this section within the two-year period will be required to retake the registration examination. (d) [Reserved] [69 FR 35452, June 24, 2004, as amended at 73 FR 67757, Nov. 17, 2008; 78 FR 20198, Apr. 3, 2013; 88 FR 78650, Nov. 16, 2023]
37 CFR 11.901 — Representation of Others Before the United States Patent and Trademark Office
Current through: 2024-07-01

Savings clause.

§ 11.901 Savings clause. (a) A disciplinary proceeding based on conduct engaged in prior to the effective date of these regulations may be instituted subsequent to such effective date, if such conduct would continue to justify disciplinary sanctions under the provisions of this part. (b) No practitioner shall be subject to a disciplinary proceeding under this part based on conduct engaged in before the effective date hereof if such conduct would not have been subject to disciplinary action before such effective date.
37 CFR 150.1 — Requests for Presidential Proclamations Pursuant to 17 U.S.C. 902(a)(2)
Current through: 2024-07-01

Definitions.

§ 150.1 Definitions. (a) Director means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office ( see § 1.9(j)). (b) Foreign government means the duly-constituted executive of a foreign nation, or an international or regional intergovernmental organization which has been empowered by its member states to request issuance of Presidential proclamations on their behalf under this part. (c) Interim order means an order issued by the Secretary of Commerce under 17 U.S.C. 914. (d) Mask work means a series of related images, however fixed or encoded— (1) Having or representing the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and (2) In which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product. (e) Presidential proclamation means an action by the President extending to foreign nationals, domiciliaries and sovereign authorities the privilege of applying for registrations for mask works pursuant to 17 U.S.C. 902. (f) Request means a request by a foreign government for the issuance of a Presidential proclamation. (g) Proceeding means a proceeding to issue an interim order extending protection to foreign nationals, domiciliaries and sovereign authorities under 17 U.S.C. Chapter 9. (h) Secretary means the Secretary of Commerce. [53 FR 24447, June 29, 1988, as amended at 68 Fr 14339, Mar. 25, 2003]
37 CFR 150.2 — Requests for Presidential Proclamations Pursuant to 17 U.S.C. 902(a)(2)
Current through: 2024-07-01

Initiation of evaluation.

§ 150.2 Initiation of evaluation. (a) The Director independently or as directed by the Secretary, may initiate an evaluation of the propriety of recommending the issuance, revision, suspension or revocation of a section 902 proclamation. (b) The Director shall initiate an evaluation of the propriety of recommending the issuance of a section 902 proclamation upon receipt of a request from a foreign government.
37 CFR 150.3 — Requests for Presidential Proclamations Pursuant to 17 U.S.C. 902(a)(2)
Current through: 2024-07-01

Submission of requests.

§ 150.3 Submission of requests. (a) Requests for the issuance of a section 902 proclamation shall be submitted by foreign governments for review by the Director. (b) Requests for issuance of a proclamation shall include: (1) A copy of the foreign law or legal rulings that provide protection for U.S. mask works which provide a basis for the request. (2) A copy of any regulations or administrative orders implementing the protection. (3) A copy of any laws, regulations or administrative orders establishing or regulating the registration (if any) of mask works. (4) Any other relevant laws, regulations or administrative orders. (5) All copies of laws, legal rulings, regulations or administrative orders submitted must be in unedited, full-text form, and if possible, must be reproduced from the original document. (6) All material submitted must be in the original language, and if not in English, must be accompanied by a certified English translation.
37 CFR 150.4 — Requests for Presidential Proclamations Pursuant to 17 U.S.C. 902(a)(2)
Current through: 2024-07-01

Evaluation.

§ 150.4 Evaluation. (a) Upon submission of a request by a foreign government for the issuance of a section 902 proclamation, if an interim order under section 914 has not been issued, the Director may initiate a section 914 proceeding if additional information is required. (b) If an interim order under section 914 has been issued, the information obtained during the section 914 proceeding will be used in evaluating the request for a section 902 proclamation. (c) After the Director receives the request of a foreign government for a section 902 proclamation, or after a determination is made by the Director to initiate independently an evaluation pursuant to § 150.2(a) of this part, a notice will be published in the Federal Register to request relevant and material comments on the adequacy and effectiveness of the protection afforded U.S. mask works under the system of law described in the notice. Comments should include detailed explanations of any alleged deficiencies in the foreign law or any alleged deficiencies in its implementation. If the alleged deficiencies include problems in administration such as registration, the respondent should include as specifically as possible full detailed explanations, including dates for and the nature of any alleged problems. Comments shall be submitted to the Director within sixty (60) days of publication of the Federal Register notice. (d) The Director shall notify the Register of Copyrights and the Committees on the Judiciary of the Senate and the House of Representatives of the initiation of an evaluation under these regulations. (e) If the written comments submitted by any party present relevant and material reasons why a proclamation should not issue, the Director will: (1) Contact the party raising the issue for verification and any needed additional information; (2) Contact the requesting foreign government to determine if the issues raised by the party can be resolved; and, (i) If the issues are resolved, continue with the evaluation; or, (ii) If the issues cannot be resolved on this basis, hold a public hearing to gather additional information. (f) The comments, the section 902 request, information obtained from a section 914 proceeding, if any, and information obtained in a hearing held pursuant to paragraph (e)(ii) of this section, if any, will be evaluated by the Director. (g) The Director will forward the information to the Secretary, together with an evaluation and a draft recommendation. (h) The Secretary will forward a recommendation regarding the issuance of a section 902 proclamation to the President.
37 CFR 150.5 — Requests for Presidential Proclamations Pursuant to 17 U.S.C. 902(a)(2)
Current through: 2024-07-01

Duration of proclamation.

§ 150.5 Duration of proclamation. (a) The recommendation for the issuance of a proclamation may include terms and conditions regarding the duration of the proclamation. (b) Requests for the revision, suspension or revocation of a proclamation may be submitted by any interested party. Requests for revision, suspension or revocation of a proclamation will be considered in substantially the same manner as requests for the issuance of a section 902 proclamation.
37 CFR 150.6 — Requests for Presidential Proclamations Pursuant to 17 U.S.C. 902(a)(2)
Current through: 2024-07-01

Mailing address.

§ 150.6 Mailing address. Requests and all correspondence pursuant to these guidelines shall be addressed to: Mail Stop Congressional Relations, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450. [70 FR 10490, Mar. 4, 2005]
37 CFR 2.101 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Filing an opposition.

§ 2.101 Filing an opposition. (a) An opposition proceeding is commenced by filing in the Office a timely notice of opposition with the required fee. (b) Any person who believes that he, she or it would be damaged by the registration of a mark on the Principal Register may file an opposition addressed to the Trademark Trial and Appeal Board. The opposition need not be verified, but must be signed by the opposer or the opposer's attorney, as specified in § 11.1 of this chapter, or other authorized representative, as specified in § 11.14(b) of this chapter. Electronic signatures pursuant to § 2.193(c) are required for oppositions filed through ESTTA under paragraph (b)(1) or (2) of this section. (1) An opposition to an application must be filed by the due date set forth in paragraph (c) of this section through ESTTA. (2) In the event that ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, an opposition against an application based on Section 1 or 44 of the Act may be filed in paper form. A paper opposition to an application based on Section 1 or 44 of the Act must be filed by the due date set forth in paragraph (c) of this section and be accompanied by a Petition to the Director under § 2.146, with the fees therefor and the showing required under this paragraph. Timeliness of the paper submission will be determined in accordance with §§ 2.195 through 2.198. (3) An opposition to an application based on Section 66(a) of the Act must be filed through ESTTA and may not under any circumstances be filed in paper form. (c) The opposition must be filed within thirty days after publication (§ 2.80) of the application being opposed or within an extension of time (§ 2.102) for filing an opposition. The opposition must be accompanied by the required fee for each party joined as opposer for each class in the application for which registration is opposed (see § 2.6). (d) An otherwise timely opposition cannot be filed via ESTTA unless the opposition is accompanied by a fee that is sufficient to pay in full for each named party opposer to oppose the registration of a mark in each class specified in the opposition. A paper opposition that is not accompanied by the required fee sufficient to pay in full for each named party opposer for each class in the application for which registration is opposed may not be instituted. If time remains in the opposition period as originally set or as extended by the Board, the potential opposer may resubmit the opposition with the required fee. (e) The filing date of an opposition is the date of electronic receipt in the Office of the notice of opposition, and required fee. In the rare instances that filing by paper is permitted under these rules, the filing date will be determined in accordance with §§ 2.195 through 2.198. [81 FR 69971, Oct. 7, 2016]
37 CFR 2.104 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Contents of opposition.

§ 2.104 Contents of opposition. (a) The opposition must set forth a short and plain statement showing why the opposer believes he, she or it would be damaged by the registration of the opposed mark and state the grounds for opposition. ESTTA requires the opposer to select relevant grounds for opposition. The required accompanying statement supports and explains the grounds. (b) Oppositions to different applications owned by the same party may be joined in a consolidated opposition when appropriate, but the required fee must be included for each party joined as opposer for each class in which registration is opposed in each application against which the opposition is filed. (c) Oppositions to applications filed under Section 66(a) of the Act are limited to the goods, services and grounds set forth in the ESTTA cover sheet. [54 FR 34897, Aug. 22, 1989, as amended at 68 FR 55766, Sept. 26, 2003; 81 FR 69972, Oct. 7, 2016]
37 CFR 2.105 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Notification to parties of opposition proceeding(s).

§ 2.105 Notification to parties of opposition proceeding(s). (a) When an opposition in proper form (see §§ 2.101 and 2.104) has been filed with the correct fee(s), and the opposition has been determined to be timely and complete, the Trademark Trial and Appeal Board shall prepare a notice of institution, which shall identify the proceeding as an opposition, number of the proceeding, and the application(s) involved; and the notice shall designate a time, not less than thirty days from the mailing date of the notice, within which an answer must be filed. The notice, which will include a Web link or Web address to access the electronic proceeding record, constitutes service of the notice of opposition to the applicant. (b) The Board shall forward a copy of the notice to opposer, as follows: (1) If the opposition is transmitted by an attorney, or a written power of attorney is filed, the Board will send the notice to the attorney transmitting the opposition or to the attorney designated in the power of attorney, provided that the person is an “attorney” as defined in § 11.1 of this chapter, at the email or correspondence address for the attorney. (2) If opposer is not represented by an attorney in the opposition, but opposer has appointed a domestic representative, the Board will send the notice to the domestic representative, at the email or correspondence address of record for the domestic representative, unless opposer designates in writing another correspondence address. (3) If opposer is not represented by an attorney in the opposition, and no domestic representative has been appointed, the Board will send the notice directly to opposer at the email or correspondence address of record for opposer, unless opposer designates in writing another correspondence address. (c) The Board shall forward a copy of the notice to applicant, as follows: (1) If the opposed application contains a clear indication that the application is being prosecuted by an attorney, as defined in § 11.1 of this chapter, the Board shall send the notice described in this section to applicant's attorney at the email or correspondence address of record for the attorney. (2) If the opposed application is not being prosecuted by an attorney but a domestic representative has been appointed, the Board will send the notice described in this section to the domestic representative, at the email or correspondence address of record for the domestic representative, unless applicant designates in writing another correspondence address. (3) If the opposed application is not being prosecuted by an attorney, and no domestic representative has been appointed, the Board will send the notice described in this section directly to applicant, at the email or correspondence address of record for the applicant, unless applicant designates in writing another correspondence address. [81 FR 69972, Oct. 7, 2016]
37 CFR 2.107 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Amendment of pleadings in an opposition proceeding.

§ 2.107 Amendment of pleadings in an opposition proceeding. (a) Pleadings in an opposition proceeding against an application filed under section 1 or 44 of the Act may be amended in the same manner and to the same extent as in a civil action in a United States district court, except that, after the close of the time period for filing an opposition including any extension of time for filing an opposition, an opposition may not be amended to add to the goods or services opposed, or to add a joint opposer. (b) Pleadings in an opposition proceeding against an application filed under section 66(a) of the Act may be amended in the same manner and to the same extent as in a civil action in a United States district court, except that, once filed, the opposition may not be amended to add grounds for opposition or goods or services beyond those identified in the notice of opposition, or to add a joint opposer. The grounds for opposition, the goods or services opposed, and the named opposers are limited to those identified in the ESTTA cover sheet regardless of what is contained in any attached statement. [81 FR 69973, Oct. 7, 2016]
37 CFR 2.112 — Rules of Practice in Trademark Cases
Current through: 2024-07-01

Contents of petition for cancellation.

§ 2.112 Contents of petition for cancellation. (a) The petition for cancellation must set forth a short and plain statement showing why the petitioner believes he, she or it is or will be damaged by the registration, state the ground for cancellation, and indicate, to the best of petitioner's knowledge, the name and address, and a current email address(es), of the current owner of the registration. ESTTA requires the petitioner to select relevant grounds for petition to cancel. The required accompanying statement supports and explains the grounds. (b) When appropriate, petitions for cancellation of different registrations owned by the same party may be joined in a consolidated petition for cancellation. The required fee must be included for each party joined as a petitioner for each class sought to be cancelled in each registration against which the petition for cancellation has been filed. [81 FR 69974, Oct. 7, 2016]