Changes to the Representation of Others Before the United States Patent and Trademark Office

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. This final rule 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 Program aligns USPTO disciplinary practice with a majority of states and provides practitioners an opportunity to address the root causes of such misconduct. In addition, this final rule requires foreign attorneys or agents granted reciprocal recognition to practice before the USPTO in trademark matters to provide and update their contact and licensure status information or have their recognition withdrawn so the public will have access to up-to-date information. This final rule also defers to a state's attorney licensing authority regarding alternative business structures between a practitioner and a non-practitioner to reduce the potential for conflicts between the USPTO and the attorney licensing authority. Further, this final rule removes a fee required when changing one's status from a patent agent to a patent attorney and makes minor adjustments to other provisions related to the representation of others before the USPTO.