New Disciplinary Rules
| New Rule | Previous Language |
|---|---|
| § 1.4 Nature of correspondence and signature requirements. | § 1.4 Nature of correspondence and signature requirements. |
| (d)(3) Forms. The Office provides forms to the public to use in certain situations to assist in the filing of correspondence for a certain purpose and to meet certain requirements for patent applications and proceedings. Use of the forms for purposes for which they were not designed is prohibited. No changes to certification statements on the Office forms (e.g., oath or declaration forms, terminal disclaimer forms, petition forms, and nonpublication request form) may be made. The existing text of a form, other than a certification statement, may be modified, deleted, or added to, if all text identifying the form as an Office form is removed. The presentation to the Office (whether by signing, filing, submitting, or later advocating) of any Office form with text identifying the form as an Office form by a party, whether a practitioner or non-practitioner, constitutes a certification under § 11.18(b) of this chapter that the existing text and any certification statements on the form have not been altered other than permitted by EFS-Web customization. | (d)(3) Forms. The Office provides forms to the public to use in certain situations to assist in the filing of correspondence for a certain purpose and to meet certain requirements for patent applications and proceedings. Use of the forms for purposes for which they were not designed is prohibited. No changes to certification statements on the Office forms (e.g., oath or declaration forms, terminal disclaimer forms, petition forms, and nonpublication request form) may be made. The existing text of a form, other than a certification statement, may be modified, deleted, or added to, if all text identifying the form as an Office form is removed. The presentation to the Office (whether by signing, filing, submitting, or later advocating) of any Office form with text identifying the form as an Office form by a party, whether a practitioner or non-practitioner, constitutes a certification under |
| (d)(4)Certifications. (i) Section 11.18 certifications: The presentation to the Office (whether by signing, filing, submitting, or later advocating) of any paper by a party, whether a practitioner or non-practitioner, constitutes a certification under § 11.18(b) of this subchapter. Violations of § 11.18(b)(2) of this subchapter by a party, whether a practitioner or non-practitioner, may result in the imposition of sanctions under § 11.18© of this subchapter. Any practitioner violating § 11.18(b) of this subchapter may also be subject to disciplinary action. See §§ 11.18(d) and 11.804(b)(9) of this subchapter. | (d)(4) Certifications. (i) Section |
| (d)(4)(ii)(C) Sanctions: Violations of the certifications as to the signature of another or a person’s own signature, set forth in paragraphs (d)(4)(ii)(A) and (B) of this section, may result in the imposition of sanctions under § 11.18© and (d) of this chapter. | (d)(4)(ii)(C) Sanctions: Violations of the certifications as to the signature of another or a person's own signature, set forth in paragraphs (d)(4)(ii)(A) and (B) of this section, may result in the imposition of sanctions under § |
| § 1.8 Certificate of mailing or transmission. | § 1.8 Certificate of mailing or transmission. |
| (a)(2)(iii)(A) Correspondence filed in connection with a disciplinary proceeding under part 11 of this chapter. | (a)(2)(iii)(A) Correspondence filed in connection with a disciplinary proceeding under part |
| § 1.9 Definitions. | § 1.9 Definitions. |
| (j) Director as used in this chapter, except for part 11 of this chapter, means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. | (j) Director as used in this chapter, except for |
| Part 2 | |
| Note, the Amendment contains changes to Part 2, which principally relates to trademark practice. | |
| Part 7 - rules of Practice in Filings Pursuant to the Protocol Relating tot he Madrid Agreement Concerning the International Registration of Marks | |
| Note, the Amendment contains one minor change to Part 7, referencing chapter 11 for definition of “attorney”. | |
| PART 10—Representation of Others Before the Patent and Trademark Office | |
| The following sections are removed and reserved: 10.14, 10.15, 10.18, 10.130-10.145, 10.149-10.161, and 10.170. Note, these sections appear to have been replaced with similar sections in Part 11 and are represented below. | |
| Part 11- Representation of Others Before the United States Patent and Trademark Office | (new part) |
Navigation