IP Law Daily, AGENCY NEWS: USPTO sets final rules for participation in Law School Clinic Certification Program, (May 31, 2016)

By Thomas Long, J.D.

The USPTO has issued final rules to formalize the process by which law schools, law school faculty, and law school students may participate in the USPTO Law School Clinic Certification Program, it was announced in a Federal Registernotice. The program allows students enrolled in a participating law school’s clinic to practice patent and trademark law before the USPTO under the direct supervision of a faculty clinic supervisor by drafting, filing, and prosecuting patent or trademark applications, or both, on a pro bono basis for clients who qualify for assistance from the law school’s clinic. The rules—which take effect June 27—incorporate the requirements and procedures developed and implemented during the pilot phase of the program.

The USPTO is adding Sections 11.16 and 11.17 to Part 11 of Title 37 of the Code of Federal Regulations. Section 11.16 establishes the criteria for admission to, and continuing participation in, the program; the qualifications necessary for approval as a Faculty Clinic Supervisor; and the requirements for granting limited recognition to law school students. Section 11.17 establishes rules concerning the continuing obligations of schools participating in the program and specifies which circumstances may result in inactivation or removal of a school from the program.

In addition, 37 C.F.R. §11.1 has been amended to clarify the definition of “attorney” or “lawyer” to reflect the current practice of requiring attorneys to be active members, in good standing, of the highest court of any state, and otherwise eligible to practice law. The USPTO also amended the term “practitioner” to specifically include those students allowed to participate in the program.

News: Patent Trademark USPTO