Information for current practitioners

Find useful information for current patent and trademark practitioners including ethics rules, common forms, and online access to the Office of Enrollment and Discipline's (OED's) practitioner portal.

 

Ethics rules

Access the USPTO Rules of Professional Conduct, which apply to all individuals who represent others before the USPTO. OED maintains jurisdiction to investigate violations of the USPTO Rules of Professional Conduct.

Practitioner portal

Update your practitioner information instantly online by accessing the OED practitioner portal. Please note that OED systems are separate and distinct from other USPTO systems; therefore, practitioners who update their contact information in individual patent or trademark applications, as well as Patent Electronic Business Center customer numbers, are still required to notify OED of changes to their contact information. See 37 C.F.R. § 11.11(a).

Practitioner forms

Find commonly requested OED forms. Please note that the application for registration is accessible only in the General Requirements Bulletin.

Practitioner survey

Access information regarding the mandatory survey for patent practitioners. Please note that a failure to respond to the survey may result in administrative suspension.

OED Diversion Program

Effective August 14, 2023, the USPTO issued a rule formalizing diversion as an alternative to formal discipline.  The rule formalizing the Diversion Program is found in the Federal Register Notice.

The Diversion Program is available to practitioners whose physical or mental health issues or law practice management issues resulted in minor misconduct and little, if any, harm to a client. 

A practitioner’s participation in the Diversion Program will protect the public by providing the practitioner with an opportunity to address the underlying cause of the practitioner’s misconduct, thus reducing the chance that the misconduct will recur or escalate.

Not all practitioners and not all types of conduct will qualify for the Diversion Program. 37 CFR § 11.30 sets forth criteria to participate in the Diversion Program.  For a practitioner to be eligible for diversion, the conduct at issue must not involve: 

          (1) the misappropriation of funds or dishonesty, deceit, fraud, or misrepresentation; 
          (2) substantial prejudice to a client or other person as a result of the conduct; 
          (3) a serious crime as defined in 37 CFR § 11.1; or 
          (4) a pattern of similar misconduct unless the misconduct at issue is minor and related to a              chronic physical or mental health condition or disease.

The OED Director may consider all relevant factors when determining whether a practitioner may participate in the Diversion Program.  

Further information about the program and the criteria for participation are described in the Diversion Guidance Document.