§ 11.60 - Petition for reinstatement of disciplined practitioner.

§ 11.60 Petition for reinstatement .

Cross Reference

Link to an amendment published at 86 FR 28465, May 26, 2021.

of disciplined practitioner.

(a) Restrictions on reinstatementpractice. An excluded , or suspended or resigned practitioner shall not resume the practice of patent, trademark, or other non-patent law matters before the Office until reinstated by order of the OED Director or the USPTO Director.

(b) Petition for reinstatement for excluded or suspended practitioners. An excluded or suspended practitioner shall be eligible to apply petition for reinstatement only upon expiration of the period of suspension or exclusion and the practitioner's full compliance with § 11.58. An excluded practitioner shall be eligible to apply petition for reinstatement no earlier than at least five years from the effective date of the exclusion. A resigned practitioner shall be eligible to petition for reinstatement and must show compliance with § 11.58 no earlier than at least five years from the date the practitioner's resignation is accepted and an order is entered excluding the practitioner on consent.

(c) Review of reinstatement petition. An excluded , or suspended or resigned practitioner shall file a petition for reinstatement accompanied by the fee required by § 1.21(a)(10) of this subchapterchapter. The petition for reinstatement shall be filed with the OED Director. An excluded or suspended A practitioner who has violated any provision of § 11.58 shall not be eligible for reinstatement until a continuous period of the time in compliance with § 11.58 that is equal to the period of suspension or exclusion has elapsed. A resigned practitioner shall not be eligible for reinstatement until compliance with § 11.58 is shown. If the excluded , or suspended or resigned practitioner is not eligible for reinstatement, or if the OED Director determines that the petition is insufficient or defective on its face, the OED Director may dismiss the petition. Otherwise, the OED Director shall consider the petition for reinstatement. The excluded , or suspended or resigned practitioner seeking reinstatement shall have the burden of proof proving, by clear and convincing evidence. Such proof shall be included in or accompany the petition, and shall establish, that:

(1) That the The excluded , or suspended or resigned practitioner has the good moral character and reputation, competency, and learning in law required under § 11.7 for admission;

(2) That the The resumption of practice before the Office will not be detrimental to the administration of justice or subversive to the public interest; and

(3) That the suspended practitioner The practitioner, if suspended, has complied with the provisions of § 11.58 for the full period of suspension or, that the if excluded practitioner , has complied with the provisions of § 11.58 for at least five continuous years, or that the resigned practitioner has complied with § 11. 58 upon acceptance of the resignation.

(d) Petitions for reinstatement - Action by the OED Director granting reinstatement.

(1) If the excluded , or suspended or resigned practitioner is found to have complied with paragraphs (c)(1) through (c)(3) of this section, the OED Director shall enter an order of reinstatement , which that shall be conditioned on payment of the costs of the disciplinary proceeding to the extent set forth in paragraphs (d)(2) and (d)(3) of this section.

(2) Payment of costs of disciplinary proceedings. Prior to reinstatement to practice under this section, the excluded or suspended practitioner shall pay the costs of the disciplinary proceeding. The costs imposed pursuant to this section include all of the following:

(i) The actual expense incurred by the OED Director or the Office for the original and copies of any reporter's transcripts of the disciplinary proceeding , and any fee paid for the services of the reporter;

(ii) All expenses paid by the OED Director or the Office which that would qualify as taxable costs recoverable in civil proceedings; and

(iii) The charges determined by the OED Director to be “reasonable costs” of investigation, hearing, and review. These amounts shall serve to defray the costs, other than fees for services of attorneys and experts, of the Office of Enrollment and Discipline in the preparation or hearing of the disciplinary proceeding , and costs incurred in the administrative processing of the disciplinary proceeding.

(3) An excluded or suspended A practitioner may only be granted relief , in whole or in part, only from an order assessing costs under this section or may be granted , whether in whole or in part or by grant of an extension of time to pay these costs, in the discretion of the OED Director, upon grounds of hardship, special circumstances, or other good cause at the discretion of the OED Director.

(e) Petitions for reinstatement - Action by the OED Director denying reinstatement. If the excluded , or suspended or resigned practitioner is found unfit to resume the practice of patent law before the Office, the OED Director shall first provide the excluded , or suspended or resigned practitioner with an opportunity to show cause in writing why the petition should not be denied. Failure to comply with § 11.12(c) shall constitute unfitness. If unpersuaded by the showing, the OED Director shall deny the petition. The In addition to the reinstatement provisions set forth in this section, the OED Director may require the excluded , or suspended or resigned practitioner, in meeting the requirements of § 11.7 paragraph (c)(1) of this section, to take and pass an examination under § 11.7(b), ethics courses, the registration examination; attend ethics, substance abuse, or law practice management courses; and/or take and pass the Multistate Professional Responsibility Examination. The OED Director shall provide findings, together with the record. The findings shall include on the first page, immediately beneath the caption of the case, a separate section entitled “Prior Proceedings” which shall state the docket number of the original disciplinary proceeding in which the exclusion or suspension was ordered.

(f) (f) Right to review. An excluded or suspended practitioner dissatisfied with a final decision of the OED Director regarding his or her reinstatement may seek review by the USPTO Director pursuant to § 11.2(d).

(g) Resubmission of petitions for reinstatement. If a petition for reinstatement is denied, no further petition for reinstatement may be filed until the expiration of at least one year following the denial unless the order of denial provides otherwise.

(

g

h) Reinstatement proceedings open to public.

(1) Proceedings on any petition for reinstatement shall be open to the public. Before reinstating any excluded or suspended practitioner, the OED Director shall publish a notice

of the excluded or suspended practitioner's petition for

that such practitioner seeks reinstatement and shall permit the public a reasonable opportunity to comment or submit evidence

with respect to the petition for reinstatement.

regarding such matter.

(2) Up to 90 days prior to the expiration of the period of suspension or exclusion, a practitioner may file a written notice of his or her intent to seek reinstatement with the OED Director and may request that such notice be published. In the absence of such a request, notice of a petition for reinstatement will be published upon receipt of such petition.

[86 FR 28465, May 26, 2021]