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Office
of Enrollment and Discipline (OED)
Mailing
Address:
Mail Stop OED
Director, U.S. Patent & Trademark Office
P. O. Box 1450
Alexandria, VA 22313-1450
OED's director is attorney Harry
Moatz.
The OED investigates complaints alleging unethical conduct by
registered patent attorneys and agents, as well as attorneys practicing before
the USPTO in trademark cases (collectively "practitioners"). The Office's
Disciplinary Rules are found in Title 37 Code of Federal Regulations, Part 10.
The disciplinary system is designed to protect the public, not punish
practitioners. The Office can only discipline practitioners after a full hearing
with the presentation of clear and convincing evidence of misconduct. The Office receives and, in
appropriate cases, acts upon complaints against attorneys and agents. The fees
charged to inventors by patent attorneys and agents for their professional
services are not subject to regulation by the Office. Definite evidence of
overcharging may afford basis for Office action, but the Office rarely
intervenes in disputes concerning fees. Depending on the seriousness of the
offense, a practitioner can be given a warning, reprimanded, suspended from
practicing law before the Office for a period of time, or excluded (i.e.,
disbarred) - prohibited from practicing law before the Office. Discipline can be
imposed pursuant to a settlement that is accepted by the USPTO Director, or after a full hearing with the
presentation of clear and convincing evidence concerning the misconduct.
Subject to the provisions of the Freedom of Information Act and the
Privacy Act, the USPTO, including OED, cannot disclose the existence or
non-existence of an investigation and any information gathered unless made a
matter of public record in proceedings brought before the USTPO Director or in
the courts. Information available to and for the protection of the public is on
our
OED Final Decisions web page.
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