11.34    Complaint.

    • (a) A complaint instituting a disciplinary proceeding under §§ 11.25 (b)(4) or 11.32  shall:
      • (1) Name the practitioner who may then be referred to as the "respondent";
      • (2) Give a plain and concise description of the respondent’s alleged grounds for discipline;
      • (3) State the place and time, not less than thirty days from the date the complaint is filed, for filing an answer by the respondent;
      • (4) State that a decision by default may be entered if an answer is not timely filed by the respondent; and
      • (5) Be signed by the OED Director.
    • (b) A complaint will be deemed sufficient if it fairly informs the respondent of any grounds for discipline, and where applicable, the Mandatory Disciplinary Rules identified in § 10.20 (b) of this subchapter that form the basis for the disciplinary proceeding so that the respondent is able to adequately prepare a defense.
    • (c) The complaint shall be filed in the manner prescribed by the USPTO Director.
    • (d) Time for filing a complaint. A complaint shall be filed within one year after the date on which the OED Director receives a grievance forming the basis of the complaint. No complaint shall be filed more than ten years after the date on which the misconduct forming the basis for the proceeding occurred.
    • (e) Tolling agreements. The one-year period for filing a complaint under paragraph (d) of this section shall be tolled if the involved practitioner and the OED Director agree in writing to such tolling.

[Added, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008; paras. (d) and (e) added, 77 FR 45247, July 31, 2012, effective August 30, 2012]