Avoiding Improper Protest And Rule 1.99 Submissions
Law360, New York (May 16, 2011, 2:46 PM EDT) -- The U.S. Patent and Trademark Office has a strict policy regarding protests (37 C.F.R. § 1.291) and third-party submissions (37 C.F.R. § 1.99). If a protest or third-party submission does not comply with the requirements of the rules, the office regards the submission as being improper and the patent practitioner who made the submission may be subject to discipline under 37 C.F.R. §§ 10.23(b)(6) ("A practitioner shall not: Engage in any ... conduct that adversely reflects on the practitioner's fitness to practice before the Office."), and possibly under 10.77(b) ("A practitioner shall not: Handle a legal matter without preparation adequate in the circumstances," i.e., the practitioner is expected to know the requirements of the rules and to comply with the requirements)....
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