37 CFR 11.34: Complaint

Taken from the USPTO's TM Federal Statutes and Rules, Last Revised in January 2018

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§11.34    Complaint.

  • (a) A complaint instituting a disciplinary proceeding shall:
    • (1) Name the person who is the subject of the complaint who may then be referred to as the "respondent";
    • (2) Give a plain and concise description of the respondent’s alleged grounds for discipline;
    • (3) State the place and time, not less than thirty days from the date the complaint is filed, for filing an answer by the respondent;
    • (4) State that a decision by default may be entered if an answer is not timely filed by the respondent; and
    • (5) Be signed by the OED Director.
  • (b) A complaint will be deemed sufficient if it fairly informs the respondent of any grounds for discipline, and where applicable, the USPTO Rules of Professional Conduct that form the basis for the disciplinary proceeding so that the respondent is able to adequately prepare a defense.
  • (c) The complaint shall be filed in the manner prescribed by the USPTO Director.

[Added 73 FR 47650, Aug 14. 2008, effective Sept. 15, 2008; 78 FR 20180, April 3, 2013, effective May 3, 2013]