time of commencement of the hearing. Evidence as to the matters in issue may be submitted at the hearing, the testimony of witnesses being presented orally, under oath and reported. (2) The hearing may be advanced and continued by the Commissioner, as far as may be deemed convenient and proper. (3) Depositions for use at the hearing in lieu of personal appearance of witnesses may be taken by either the Solicitor or the respondent on application to and with the written consent of the Commissioner within such times and under such conditions as the Commissioner may prescribe. (e) Hearing officer. The Commissioner may, in his discretion, delegate the conduct of the hearing to a hearing or trial examiner who shall be the presiding officer and who shall make a recommended decision. (f) Administrative Procedure Act. Proceedings shall be governed, in matters not specially set forth herein, by the provisions of the Administrative Procedure Act, 60 Stat. 237; 5 U.S.C. 1001–1011, which may be applicable. 35 U.S.C. 31. Regulations for agents and attorneys. The Commissioner, subject to the approval of the Secretary of Commerce, may prescribe regulations governing the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Patent Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office. 35 U.S.C. 32. Suspension or exclusion from practice. The Commissioner.may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 31 of this title, or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the Office. The reasons for any such suspension or exclusion shall be duly recorded. The United States District Court for the District of Columbia under such conditions and upon such proceedings as it by its rules determines, may review the action of the Commissioner upon the petition of the person so refused recognition or so suspended or excluded. 35 U.S.C. 33. Unauthorized representation as practitioner. Whoever, not being recognized to practice before the Patent Office, holds himself out or permits himself to be held out as so recognized, or as being qualified to prepare or prosecute applications for patent, shall be fined not more than $1,000 for each offense. AMENDMENT OF RULES 351. Amendments to rules will be published. All amendments to these rules will be published in the Official Gazette and in the Federal Register. 352. Publication of notice of proposed amendments. (a) Whenever required by law, and in other cases whenever practicable, notice of proposed amendments to these rules will be published in the Official Gazette and in the Federal Register. If not published with the notice, copies of the text will be furnished to any person requesting the same.. All comments, suggestions, and briefs received within a time specified in the notice will be considered before adoption of the proposed amendments which may be modified in the light thereof. (b) Oral hearings may be held at the discretion of the Commissioner. FORMS The following forms illustrate the manner of preparing various papers to be filed in the Patent Office. Applicants and other parties will find their business facilitated by following them. In special situations such alterations as the circumstances may render necessary may be made, provided they do not depart from the requirements of the rules or of the statute. Before using any form the pertinent rules of practice and sections of the statute should be studied carefully. LIST OF FORMS 1. Petition for patent; by a sole inventor. 2. Petition for patent; by a sole inventor, for himself and assignee. 3. Petition for patent; by a sole inventor, with power of attorney. 4. Petition for patent; by joint inventors. 5. Petition for patent; by an administrator. 6. Petition for patent; by an executor. 7. Petition for patent; by the guardian of an insane person. 11. Oath to accompany application for patent. 11a. Declaration to accompany application for patent. 12. Oath to accompany application for patent, by an administrator (or executor). 12a. Declaration to accompany application for patent, by an administrator (or executor). 13. Oath not accompanying application. 13a. Declaration not accompanying application. 14. Supplemental oath for amendment presenting claims for matter disclosed but not originally claimed. 14a. Supplemental declaration for amendment presenting claims for matter disclosed but not originally claimed. 16. Combined petition, oath and specification (single signature form), sole inventor. 16a. Combined petition, declaration and specification (single signature form); sole inventor. 17. Oath in division or continuing application. 17a. Declaration in division or continuing application. 18. Oath in copending application containing additional subject matter. 18a. Declaration in copending application containing additional subject matter. 21. Design patent application; petition. 36. Power of attorney or authorization of agent, not accompanying application. Revocation of power of attorney or authorization of agent. 37. 39. 41. 43. 44. Amendment. Notice of appeal from the Primary Examiner to the Board of Appeals. Interference; preliminary statement of domestic inventor. 45. Interference; preliminary statement of foreign inventor. 46. Interference; disclaimer during interference. 47. Interference; notice of taking testimony. 48. Interference; form of deposition. Interference; certificate of officer. 49. prays that letters patent may be granted to him for the improvements in set forth in the following specification. (The specification and oath or declaration follow the petition.) 2. Petition for patent; by a sole inventor, for himself and assignee. --9 State of a citizen of whose prays that letters patent may be granted to himself and the United States and a resident of post-office address is for the improvement in (include ZIP Code No.), as his assignee, 11119 set forth in the following specification. (The specification and oath or declaration follow the petition.) |