What are the consequences of violating USPTO certification requirements?
Violating the certification requirements when submitting papers to the USPTO can have serious consequences. According to 37 CFR 11.18(c), violations may result in:
- Striking the offending paper
- Referring a practitioner’s conduct to the Office of Enrollment and Discipline
- Precluding a party or practitioner from submitting papers or contesting issues
- Affecting the weight given to the offending paper
- Terminating proceedings in the Office
Additionally, 37 CFR 11.18(d) states that practitioners violating these provisions may be subject to disciplinary action. The USPTO Director determines appropriate sanctions after notice and opportunity to respond.
It’s important to note that violations can jeopardize the validity of applications, documents, patents, and trademark registrations. As stated in the MPEP:
‘The submission by an applicant of misleading or inaccurate statements of facts during the prosecution of applications for patent has resulted in the patents issuing on such applications being held unenforceable.’
Several court cases are cited demonstrating how false statements have led to patents being unenforceable.