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DOC/PTO RIN: 0651-AD58 Publication ID: Fall 2022 
Title: Changes to the Representation of Others Before the United States Patent and Trademark Office 
Abstract:

The U.S. Patent and Trademark Office (USPTO or Office) amends the rules of practice in patent cases and the rules regarding the representation of others before the USPTO to better protect the public and improve compliance with USPTO requirements. In particular, this rulemaking formalizes the USPTO’s Diversion Pilot Program for patent and trademark practitioners whose physical or mental health issues or law practice management issues resulted in minor misconduct. Formalizing the Pilot would align USPTO disciplinary practice with a majority of states and provide practitioners an opportunity to address the root causes of such misconduct. In addition, the USPTO requires foreign attorneys or agents granted reciprocal recognition in trademark matters to provide and update their contact and status information or have their recognition withdrawn so the public will have access to up-to-date information. Also, the USPTO defers to state bars regarding fee sharing between practitioners and non-practitioners to reduce the potential for conflicts between USPTO and state bar rules. Further, the USPTO removes a fee required when changing one’s status from a patent agent to a patent attorney and to make minor adjustments to other rules related to the representation of others before the USPTO.

 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 37 CFR 1.21    37 CFR 11.14    37 CFR 11.19   
Legal Authority: 35 U.S.C. 2(b)(2)(D)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/08/2022  87 FR 54930   
NPRM Comment Period End  11/07/2022 
Final Action  02/00/2023 
Final Action Effective  03/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Agency Contact:
Howard Reitz
Staff Attorney
Department of Commerce
Patent and Trademark Office
P.O. Box 1450,
Alexandria, VA 22313
Phone:571 272-4097
Fax:571 273-0074
Email: howard.reitz@uspto.gov