How does the USPTO handle protests involving fraud or inequitable conduct?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 has a specific approach to handling protests involving fraud or inequitable conduct. According to the MPEP, “ This includes, of course, information indicating the presence of ‘fraud’ or ‘inequitable conduct’ or ‘violation of the duty of disclosure,’ which will be entered in the application file, generally without comment on the inequitable conduct issues raised in it .” This means that while such information is accepted and included in the application file, the USPTO typically does not provide immediate feedback or commentary on these specific allegations. The information is, however, available for consideration during the patent examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Duty of Disclosure to Adopt But-For Materiality Standard MPEP 2000 Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Protestor Can Submit Any Relevant Information MPEP 2013 Correction of Erroneous Material Information in Record Permitted Without Deceptive Intent MPEP 2000 Permitted AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Public May Protest Pending Applications MPEP 2013 Duty to Disclose Material Information to USPTO MPEP 2000 Individuals Must Disclose Material Information MPEP 2000 Duty to Disclose Material Information MPEP 2000 Other Related FAQs 5 FAQs Collapse What are the requirements for filing a patent protest? What types of information can be included in a patent protest? What is a protest in patent law? What happens if fraud is discovered during a reissue application? How does fraud or inequitable conduct affect ...