What happens if fraud is discovered during a reissue application?
What happens if fraud is discovered during a reissue application?
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.
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