---
kind: "section"
citation: "37 C.F.R. § 11.19"
title: "37"
number: "11.19"
heading: "Disciplinary jurisdiction; grounds for discipline and for transfer to disability inactive status."
url: "https://uscodex.org/cfr/37/11.19"
---

# §11.19. Disciplinary jurisdiction; grounds for discipline and for transfer to disability inactive status.

- (a) **Disciplinary jurisdiction.** All practitioners engaged in practice before the Office, all practitioners administratively suspended under [§ 11.11](/cfr/37/11.11.md), all practitioners registered or recognized to practice before the Office in patent matters, all practitioners resigned or inactivated under [§ 11.11](/cfr/37/11.11.md), all practitioners authorized under [§ 41.5(a)](/cfr/37/41.5.md?p=a) or [§ 42.10(c)](/cfr/37/42.10.md?p=c) of this chapter, and all practitioners transferred to disability inactive status or publicly disciplined by a duly constituted authority are subject to the disciplinary jurisdiction of the Office and to being transferred to disability inactive status. A non-practitioner is also subject to the disciplinary authority of the Office if the person engages in or offers to engage in practice before the Office without proper authority.
- (b) **Grounds for discipline; Grounds for transfer to disability inactive status.** The following, whether done individually by a practitioner or in concert with any other person or persons and whether or not done in the course of providing legal services to a client, or in a matter pending before the Office, constitute grounds for discipline or grounds for transfer to disability inactive status.
  - (1) **Grounds for discipline include—**
    - (i) Conviction of a serious crime;
    - (ii) Discipline on ethical or professional misconduct grounds imposed in another jurisdiction or disciplinary disqualification from participating in or appearing before any Federal program or agency;
    - (iii) Failure to comply with any order of a Court disciplining a practitioner, or any final decision of the USPTO Director in a disciplinary matter;
    - (iv) Violation of any USPTO Rule of Professional Conduct; or
    - (v) **Violation of the oath or declaration taken by the practitioner.** See [§ 11.8](/cfr/37/11.8.md).
  - (2) **Grounds for transfer to disability inactive status include—**
    - (i) Being transferred to disability inactive status in another jurisdiction;
    - (ii) Being judicially declared incompetent, being judicially ordered to be involuntarily committed after a hearing on the grounds of insanity, incompetency or disability, or being placed by court order under guardianship or conservatorship; or
    - (iii) Filing a motion requesting a disciplinary proceeding be held in abeyance because the practitioner is suffering from a disability or addiction that makes it impossible for the practitioner to adequately defend the charges in the disciplinary proceeding.
- (c) Petitions to disqualify a practitioner in ex parte or inter partes matters in the Office are not governed by this subpart and will be handled on a case-by-case basis under such conditions as the USPTO Director deems appropriate.
- (d) The OED Director may refer the existence of circumstances suggesting unauthorized practice of law to the authorities in the appropriate jurisdiction(s).
- (e) The OED Director has the discretion to choose any of the independent grounds of discipline under [paragraph (b)](#b) of this section and to pursue any of the procedures set forth in this subpart in every disciplinary proceeding.

## Notes

### Amendments

[73 FR 47689, Aug. 14, 2008, as amended at 78 FR 20200, Apr. 3, 2013; 86 FR 28457, May 26, 2021; 88 FR 45087, July 14, 2023]

### Source

Source: 73 FR 47689, Aug. 14, 2008, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 2(b)(2), 32, 41; Sec. 1, Pub. L. 113-227, 128 Stat. 2114.

### Source

Source: 69 FR 35452, June 24, 2004, unless otherwise noted.

### Amendments

[73 FR 47689, Aug. 14, 2008, as amended at 78 FR 20200, Apr. 3, 2013; 86 FR 28457, May 26, 2021; 88 FR 45087, July 14, 2023]