Keep those files handy: OED’s 10-year statute of limitations on discipline

In accordance with the AIA, the PTO about a year ago adopted a 10-year statute of limitations for discipline.  Now, a disciplinary proceeding must be commenced before the earlier of (a) 10 years after the date on which the misconduct forming the basis for the proceeding occurred, or (b) one year after the date on which the misconduct forming the basis for the proceeding is made known to an officer or employee of the Office.  There's a short piece from the PTO on this change here.

I hope everyone has large hard drives, cloud storage, and file cabinets… 

About David

Professor of Law, Mercer University School of Law. Of Counsel, Taylor English Duma, LLP. Former judicial clerk to Chief Judge Rader; former lawyer with Baker Botts and other firms