# § 32. Suspension or exclusion from practice
The Director may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent and Trademark Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 2(b)(2)(D), or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the Office. The reasons for any such suspension or exclusion shall be duly recorded. The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section. A proceeding under this section shall be commenced not later than the earlier of either the date that is 10 years after the date on which the misconduct forming the basis for the proceeding occurred, or 1 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 as prescribed in the regulations established under section 2(b)(2)(D). The United States District Court for the Eastern District of Virginia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Director upon the petition of the person so refused recognition or so suspended or excluded.
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**Source Credit**: (July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4715(c), 4719, 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–580 to 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §§ 3(k)(1), 9(a), 20(j), Sept. 16, 2011, 125 Stat. 291, 316, 335.)
### Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 11 (R.S. 487, amended , ).
See note under section 31.
## Editorial Notes
### Amendments
2011—, struck out “of this title” after “2(b)(2)(D)” the first time appearing.
, substituted “United States District Court for the Eastern District of Virginia” for “United States District Court for the District of Columbia”.
, inserted before the last sentence “A proceeding under this section shall be commenced not later than the earlier of either the date that is 10 years after the date on which the misconduct forming the basis for the proceeding occurred, or 1 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 as prescribed in the regulations established under section 2(b)(2)(D).”
2002— made technical correction to directory language of . See 1999 Amendment note below.
1999—, as amended by , substituted “Director” for “Commissioner” in first and last sentences.
, inserted before last sentence “The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section.”
, substituted “2(b)(2)(D)” for “31”.
1975— substituted “Patent and Trademark Office” for “Patent Office”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2011 Amendment
> “The amendment made by paragraph (1) [amending this section] shall apply in any case in which the time period for instituting a proceeding under
>
> , United States Code, had not lapsed before the date of the enactment of this Act [
>
> ].”
, , , provided that:
Amendment by effective , and applicable to any civil action commenced on or after that date, see , set out as a note under , Commerce and Trade.
Amendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .
### Effective Date of 1999 Amendment
Amendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .
### Effective Date of 1975 Amendment
Amendment by effective , see , set out as a note under , Commerce and Trade.
### Report to Congress
> “The Director [Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office] shall provide on a biennial basis to the Judiciary Committees of the Senate and House of Representatives a report providing a short description of incidents made known to an officer or employee of the [United States Patent and Trademark] Office as prescribed in the regulations established under
>
> , United States Code, that reflect substantial evidence of misconduct before the Office but for which the Office was barred from commencing a proceeding under
>
> , United States Code, by the time limitation established by the fourth sentence of that section.”
, , , provided that: