How does the USPTO handle inequitable conduct in patent applications?
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.
The USPTO takes inequitable conduct in patent applications very seriously. According to MPEP 410:
“[T]he Office will consider equitable and public policy principles in assessing whether to issue a patent to an applicant who has engaged in inequitable conduct.”
Inequitable conduct typically involves:
- Failure to disclose material information
- Submitting false material information
- Intentional misrepresentation of facts
If inequitable conduct is found, the consequences may include:
- Rejection of the patent application
- Invalidation of an issued patent
- Disciplinary action against registered practitioners
The USPTO may also refer cases of suspected fraud to the U.S. Department of Justice for potential criminal prosecution. It’s crucial for applicants and their representatives to maintain honesty and transparency throughout the patent application process.
For more information on fraud, visit: fraud.
For more information on USPTO, visit: USPTO.