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USPTO Eliminates Voluntary CLE Certification for Patent Practitioners – What You Need to Know

The United States Patent and Trademark Office (USPTO) has announced a final rule that eliminates the existing provisions of 37 CFR part 11 relating to continuing legal education (CLE) certification and recognition for patent practitioners. This means that 37 CFR 11.11(a)(3), which provided registered patent practitioners and those with limited recognition could certify their CLE completion to the Director of the Office of Enrollment and Discipline (OED), is no longer applicable. The final rule also eliminates the portion of 37 CFR 11.11(a)(1) stating that the OED Director could publish the CLE status of patent practitioners. Accordingly, this final rule adopts without change the interim final rule published on November 14, 2022 concerning CLE certification and recognition.

The USPTO decided to discontinue its voluntary CLE certification and recognition for patent practitioners, following consideration of public comments. This decision aims to put more emphasis on measures that will improve the quality of patents issued. To assist practitioners in this regard, USPTO is offering extensive guidance and instruction through online video sessions. It also encourages practitioners to stay up to date by utilizing all relevant material sources and maintaining professional competency.

The link to the final rule is available here: Final Rule

About the Author

Babak Akhlaghi is an adjunct professor at University of Maryland, where he teaches legal aspects of entrepreneurship. Babak is also a registered patent attorney and the Managing Director at NovoTech Patent Firm, where he assists inventors in protecting and monetizing their inventions. He is also a co-author of the "Patent Applications Handbook," which has been updated and published annually by West Publications (Clark Boardman Division) since 1992. One of his distinguished accomplishments involves guiding a startup through the patent application process, which led to substantial licensing opportunities that significantly enhanced the company's strategic value.

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