Congratulations on passing the patent bar! While this is a significant achievement, the journey to becoming a registered patent agent or attorney isn’t quite over. The Office of Enrollment and Discipline (OED) plays a crucial role in ensuring that only individuals of good moral character are admitted to the patent bar.

The OED evaluates applicants’ moral character to ensure they meet the high standards required of patent practitioners. This evaluation involves a review of the applicant’s background, including criminal history, disciplinary actions, and any other information that could potentially affect their suitability.

Common Disqualifying Factors

Several factors can lead to a denial of registration or recognition, including:

  • Criminal Convictions: Certain felonies and misdemeanors can raise concerns about an applicant’s moral character. Even deferred prosecutions or deferred sentencing may be considered convictions.  See 37 CFR 11.1.
  • Disciplinary Actions: Being disbarred or suspended (whether the practice of law or another profession) will most definitely require a showing of rehabilitation.
  • Previous Denials: Applicants who have previously been denied registration due to moral character issues may face additional hurdles and costs.  As such, applicants should carefully consider when to apply, and how to respond if they are questioned.
  • Information from Other Sources: The OED publishes your name and may also gather information from other sources, such as former employers, educational institutions, or public records. It’s essential to be transparent and disclose all relevant information to avoid being charged with failing to disclose information or providing false information. See 37 CFR 11.801.

How to Respond to OED Inquiries

When responding to OED inquiries (often called requests for information), it’s crucial to be honest and forthcoming. See 37 CFR 11.801. It is often said that if you must question whether to disclose something, you should disclose it. However, like any disclosure, it is important to understand how to present the information—both completely, and in a way that shows your appreciation for the action, without minimizing it.  However, beyond that, it is helpful to show contrition and how you have overcome the issue.

As an example, an applicant with a recent charge of driving under the influence may be seen as a “law breaker.”  Simply stating that you were not above the legal limit would likely be unwise.  Instead, applicants must show their compliance with the law and how they, for example, may have worked to resolve any substance abuse problems.  As such, demonstrating that you have taken steps to address any past issues or improve your character can be helpful.

Tips for a Successful Application

  • Be Thorough: Ensure that your application is complete and accurate and provides all necessary attachments, narrative, and supporting evidence. If applicable, offer evidence of rehabilitation or positive changes in your life.
  • Disclose All Information: Don’t withhold any relevant details, even if you believe they may be negative.
  • Seek Legal Counsel: Consulting with an attorney familiar with the OED process can provide valuable guidance and support throughout the registration process.

By understanding the OED’s requirements and taking proactive steps, you can increase your chances of successfully navigating the registration process and becoming a registered patent agent or attorney.  More information about specific issues for applicants facing moral character investigations is available in our prior post or by contacting us at 310-596-1234.