How does the USPTO handle potential material fraud cases?

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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 does not have a dedicated unit for investigating material fraud. The process for handling potential material fraud cases is as follows: An employee (e.g., CRU examiner) becomes aware of potential material fraud. The employee notifies their supervisory official (e.g., CRU Director). If the supervisory official concurs, they refer the matter to the Deputy Commissioner for Patents overseeing the Office of Petitions. If the Deputy Commissioner concurs, the matter is referred to the Office’s General Counsel. 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. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Supplemental Examination Referral to U.S. Attorney General for Possible Material Fraud MPEP 2819 Deputy Commissioner Referral for Possible Material Fraud MPEP 2819 Recommended Supervisory Official Must Refer Material Fraud to Deputy Commissioner for Patents MPEP 2819 Examiner Must Notify Supervisory Official on Possible Material Fraud During Supplemental Examination MPEP 2819 Permitted Continuation of Supplemental Examination if Material Fraud Suspected MPEP 2819 Permitted Supplemental Examination Continues Without Special Investigation for Rare Material Fraud MPEP 2819 Office Must Refer Material Fraud to U.S. Attorney General During Supplemental Examinations MPEP 2802 Required Reexamination Proceeding Continues Despite Suspected Fraud MPEP 2819 Material Fraud Is Narrower Than Inequitable Conduct MPEP 2802 Supplemental Examination...