In re Shekhar Vyas, Proc. No. D2016-28 (USPTO Dir. Aug. 1, 2016)

Michael E. McCabe, Jr.Criminal, USPTO

Disposition: One (1)-year suspension from practice before the USPTO, with the right to apply for reinstatement after thirty (30) days of actual suspension. After thirty (30) days of actual suspension, the practitioner petitioned for reinstatement. Shortly thereafter, the OED Director granted the petition.  Final decision here, and reinstatement here.

Related to USPTO Practice?  No

Related Action: In re Shekhar Vyas, reinstatement granted, Proc. No. R24 (OED Dir. Oct. 12, 2016)

Summary: A registered patent attorney was suspended from practice before the USPTO for twelve (12) months, with the right to petition for reinstatement after serving thirty (30) days of his suspension. The discipline arose from a stayed twelve (12)-month suspension ordered by the Supreme Court of California, which disciplined the practitioner due to his multiple misdemeanor convictions for driving under the influence of alcohol (“DUI”). The OED Director granted the practitioner’s petition and reinstated the practitioner to practice before the USPTO.

Facts: This matter arises from discipline imposed against a patent practitioner by the Supreme Court of California. The State Court discipline arose from the practitioner’s misdemeanor convictions for driving under the influence of alcohol. The USPTO Director suspended the practitioner from practice of patent, trademark, and other non-patent law before the USPTO for one (1) year for violating 37 C.F.R. § 11.804(h), which proscribes being publicly disciplined on ethical or professional misconduct grounds by a duly constituted authority. The USPTO Director ruled that the practitioner could seek reinstatement after thirty (30) days of his one (1)-year suspension had passed, if he met certain conditions. In mitigation, the practitioner expressed contrition and acknowledged how his actions violated the USPTO disciplinary rules. The practitioner’s petition for reinstatement was granted by the OED Director.