How does the USPTO handle confidentiality in material fraud cases?
How does the USPTO handle confidentiality in material fraud cases?
The USPTO treats potential material fraud cases with strict confidentiality. According to MPEP 2819:
“In order to preserve the confidentiality of any investigation… the employee or program should not discuss the matter with any other employees not having a need to know the information.”
This confidentiality policy serves several purposes:
- Protects the integrity of ongoing investigations
- Prevents premature disclosure that could compromise evidence
- Safeguards the rights of all parties involved
- Maintains the USPTO’s professional standards and ethical obligations
Employees are expected to report potential material fraud only to the Office of Enrollment and Discipline (OED) and refrain from discussing the matter with colleagues who are not directly involved in the investigation.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2819 - Discovery Of Possible Material Fraud,
Patent Law,
Patent Procedure