United States Patent and Trademark Office OG Notices: 23 March 2004
Notice of Suspension
Michael I. Kroll (Kroll), of Syosset, New York, is a patent
attorney whose registration number is 26,755. The Director of the
United States Patent and Trademark Office has ordered Kroll be
suspended for three years from practice before the United States Patent
and Trademark Office in patent, and non-patent law cases. The
suspension is for violating USPTO Disciplinary Rules ("DR")
10.36(a)(1) (proscribing charging and collecting a clearly excessive
fee), DR 10.23(c)(2)(ii) (proscribing knowingly giving false or
misleading information to the USPTO) and DR 10.85(a)(6) (proscribing
participation in the creation of false evidence). This action is taken
pursuant to the provisions of 35 U.S.C. 32, and 37 C.F.R. 10.156 and
10.159. The suspension will be stayed, so long as Respondent
complies with the terms of the settlement agreement entered into on
February 24, 2004. Those terms include refunding one-half of attorney
fees, in accordance with an agreed-upon payment schedule, collected
from 75 particular applicants for filing International Applications
under the Patent Cooperation Treaty (PCT). Those terms also include
filing new Powers of Attorney to replace defective Powers of Attorney
in all pending PCT cases in which Kroll signed his clients' names on
the Power of Attorney forms. Upon any violation of any term of the
settlement agreement during the period of the payment schedule, the
stay will be vacated and Kroll, at that time, will serve a three year
suspension.
February 25, 2004 JAMES A. TOUPIN
General Counsel
United States Patent and Trademark Office
on behalf of
JON W. DUDAS
Acting Undersecretary of Commerce for
Intellectual Property and
Acting Director of the
United States Patent and Trademark Office