How does the USPTO handle potential material fraud cases?

The USPTO does not have a dedicated unit for investigating material fraud. The process for handling potential material fraud cases is as follows:

1. An employee (e.g., CRU examiner) becomes aware of potential material fraud.
2. The employee notifies their supervisory official (e.g., CRU Director).
3. If the supervisory official concurs, they refer the matter to the Deputy Commissioner for Patents overseeing the Office of Petitions.
4. If the Deputy Commissioner concurs, the matter is referred to the Office’s General Counsel.
5. The General Counsel determines if the matter should be referred to the U.S. Attorney General.

According to MPEP 2819: “The Office anticipates that such instances will be rare. Accordingly, the Office does not intend to create a unit to investigate instances of material fraud.“

To learn more:

• material fraud
• USPTO
• investigation process
• Attorney General referral