Skip to main content

LOCAL CIVIL RULE 83.5

REVIEW OF ORDERS AS TO ADMISSION, SUSPENSION, OR EXCLUSION OF PRACTITIONERS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE

A person refused recognition to practice or suspended or excluded from practice before the United States Patent and Trademark Office ("USPTO") may seek judicial review of such action by filing in the Alexandria Division of this Court a petition against the Under Secretary of Commerce of Intellectual Property and Director of the USPTO ("Director") within 30 days after the date of the order recording the Director's action. Service of the petition shall be effected in accordance with Fed. R. Civ. P. 4(i)(2). Within 60 days after service of the summons and petition on the U.S. Attorney, the Director shall respond to the petition and file a certified copy of the record and proceedings before the USPTO, which shall constitute the sole basis for the Court's review. The Court may, in its discretion, require briefing and argument prior to making a decision on the petition.