[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR11.2]

[Page 372]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 11_REPRESENTATION OF OTHERS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 11.2  Director of the Office of Enrollment and Discipline.

    (a) Appointment. The USPTO Director shall appoint a Director of the 
Office of Enrollment and Discipline (OED Director). In the event of the 
absence of the OED Director or a vacancy in the office of the OED 
Director, or in the event that the OED Director recuses himself or 
herself from a case, the USPTO Director may designate an employee of the 
Office to serve as acting OED Director. The OED Director and any acting 
OED Director shall be an active member in good standing of the bar of a 
State.
    (b) Duties. The OED Director shall:
    (1) Supervise staff as may be necessary for the performance of the 
OED Director's duties.
    (2) Receive and act upon applications for registration, prepare and 
grade the examination provided for in Sec. 11.7(b), maintain the 
register provided for in Sec. 11.5, and perform such other duties in 
connection with enrollment and recognition of attorneys and agents as 
may be necessary.
    (3) Conduct investigations into the moral character and reputation 
of any individual seeking to be registered as an attorney or agent, or 
of any individual seeking limited recognition, deny registration or 
recognition of individuals failing to demonstrate possession of good 
moral character and reputation, and perform such other duties in 
connection with enrollment matters and investigations as may be 
necessary.
    (4) The Director shall conduct investigations into possible 
violations by practitioners of Disciplinary Rules, with the consent of 
the Committee on Discipline initiate disciplinary proceedings under 
Sec. 10.132(b) of this subchapter, and perform such other duties in 
connection with investigations and disciplinary proceedings as may be 
necessary.
    (5)-(7) [Reserved]
    (c) Petition to OED Director. Any petition from any action or 
requirement of the staff of OED reporting to the OED Director shall be 
taken to the OED Director. Any such petition not filed within sixty days 
from the mailing date of the action or notice from which relief is 
requested will be dismissed as untimely. The filing of a petition will 
not stay the period for taking other action which may be running, or 
stay other proceedings. A final decision by the OED Director may be 
reviewed in accordance with the provisions of paragraph (d) of this 
section.
    (d) Review of OED Director's decision. An individual dissatisfied 
with a final decision of the OED Director, except for a decision 
dismissing a complaint or closing an investigation, may seek review of 
the decision upon petition to the USPTO Director accompanied by payment 
of the fee set forth in Sec. 1.21(a)(5)(ii) of this subchapter. A 
decision dismissing a complaint or closing an investigation is not 
subject to review by petition. Any petition not filed within sixty days 
from the mailing date of the final decision of the OED Director will be 
dismissed as untimely. Any petition shall be limited to the facts of 
record. Briefs or memoranda, if any, in support of the petition shall 
accompany or be embodied therein. The USPTO Director in deciding the 
petition will consider no new evidence. Copies of documents already of 
record before the OED Director need not be submitted with the petition. 
No oral hearing on the petition will be held except when considered 
necessary by the USPTO Director. Any request for reconsideration of the 
decision of the USPTO Director will be dismissed as untimely if not 
filed within thirty days after the mailing date of said decision. If any 
request for reconsideration is filed, the decision on reconsideration 
shall be the final agency action.

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