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-CITE- 35 USC CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE 01/03/2007 -EXPCITE- TITLE 35 - PATENTS PART I - UNITED STATES PATENT AND TRADEMARK OFFICE CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE -HEAD- CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE -MISC1- Sec. [31. Repealed.] 32. Suspension or exclusion from practice. 33. Unauthorized representation as practitioner. AMENDMENTS 1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4715(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580, struck out item 31 "Regulations for agents and attorneys". 1975 - Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949, substituted "PATENT AND TRADEMARK OFFICE" for "PATENT OFFICE" in chapter heading. -End- -CITE- 35 USC Sec. 31 01/03/2007 -EXPCITE- TITLE 35 - PATENTS PART I - UNITED STATES PATENT AND TRADEMARK OFFICE CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE -HEAD- Sec. 31. Repealed. -MISC1- [Sec. 31. Repealed. Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4715(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580]. Section, acts July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93- 596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949, authorized the Commissioner to prescribe regulations for agents and attorneys. EFFECTIVE DATE OF REPEAL Repeal effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as an Effective Date of 1999 Amendment note under section 1 of this title. -End- -CITE- 35 USC Sec. 32 01/03/2007 -EXPCITE- TITLE 35 - PATENTS PART I - UNITED STATES PATENT AND TRADEMARK OFFICE CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE -HEAD- Sec. 32. Suspension or exclusion from practice -STATUTE- The Director may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and Trademark Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 2(b)(2)(D) of this title, or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the Office. The reasons for any such suspension or exclusion shall be duly recorded. 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. The United States District Court for the District of Columbia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Director upon the petition of the person so refused recognition or so suspended or excluded. -SOURCE- (July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Secs. 4715(c), 4719, 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580 to 1501A-582; Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.) -MISC1- HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., Sec. 11 (R.S. 487, amended Feb. 18, 1922, ch. 58, Sec. 3, 42 Stat. 390). See note under section 31. AMENDMENTS 2002 - Pub. L. 107-273 made technical correction to directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]. See 1999 Amendment note below. 1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], as amended by Pub. L. 107-273, substituted "Director" for "Commissioner" in first and last sentences. Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 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." Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4715(c)], substituted "2(b)(2)(D)" for "31". 1975 - Pub. L. 93-596 substituted "Patent and Trademark Office" for "Patent Office". EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106- 113, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596, set out as a note under section 1111 of Title 15, Commerce and Trade. -End- -CITE- 35 USC Sec. 33 01/03/2007 -EXPCITE- TITLE 35 - PATENTS PART I - UNITED STATES PATENT AND TRADEMARK OFFICE CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE -HEAD- Sec. 33. Unauthorized representation as practitioner -STATUTE- Whoever, not being recognized to practice before the Patent and Trademark Office, holds himself out or permits himself to be held out as so recognized, or as being qualified to prepare or prosecute applications for patent, shall be fined not more than $1,000 for each offense. -SOURCE- (July 19, 1952, ch. 950, 66 Stat. 796; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949.) -MISC1- HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., Sec. 11a (May 9, 1938, ch. 188, 52 Stat. 342). This is a criminal statute. The language has been considerably simplified and the upper limit of the penalty is increased. AMENDMENTS 1975 - Pub. L. 93-596 substituted "Patent and Trademark Office" for "Patent Office". EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596, set out as a under section 1111 of Title 15, Commerce and Trade. -End- |
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