What happens if fraud is discovered during a reissue application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. If fraud is discovered during the examination of a reissue application, the examiner must take specific actions. According to MPEP 2012 : “Where the examiner discovers or is made aware of fraud during the examination of a reissue application, the examiner should consult with the Technology Center (TC) Training Quality Assurance Specialist (TQAS) or Supervisory Patent Examiner (SPE) who will then consult with the Office of Patent Legal Administration (OPLA).” This process ensures that proper procedures are followed when dealing with potential fraud. The examiner does not have the authority to make determinations about fraud or inequitable conduct. Instead, they must report the issue to higher authorities within the USPTO for proper handling and potential further investigation. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examination of Resissue Applications Involving Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure MPEP 2012 Reissue Application Inseparable from Original Patent for Fraud and Duty of Disclosure Issues MPEP 2012 Reissue Application Should Not Be Allowed Due to Fraud During Prosecution MPEP 2012 Recommended Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Reissue Applications Before September 16, 2012 Require No Deceptive Intent MPEP 2012 Requirement for Full Disclosure During Reissue MPEP 2012 Permitted Fraud in Original Application Affects Reissue MPEP 2012 Disclosure Requirement for Reissue Applications MPEP 2012 Other Related FAQs 5 FAQs Collapse How...