§ 32. — Suspension or exclusion from practice.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC32]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 3--PRACTICE BEFORE PATENT AND TRADEMARK OFFICE
Sec. 32. Suspension or exclusion from practice
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.
(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.)
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.
Section Referred to in Other Sections
This section is referred to in title 5 section 500.
