What is the role of the U.S. Attorney General in patent material fraud cases?
The U.S. Attorney General plays a crucial role in cases of potential material fraud discovered during supplemental examination or reexamination of patents. MPEP 2819 states:
“The matter will be referred to the U.S. Attorney General in accordance with 35 U.S.C. 257(e).“
This referral occurs after an internal review process within the USPTO. The Attorney General’s office may then investigate the matter further and decide whether to pursue legal action against those involved in the alleged fraud.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2819 - Discovery Of Possible Material Fraud,
Patent Law,
Patent Procedure