How does the USPTO handle inequitable conduct in patent applications?
How does the USPTO handle inequitable conduct in patent applications? The USPTO takes inequitable conduct in patent applications very seriously. According to MPEP 410: “[T]he Office will consider equitable and public policy principles in assessing whether to issue a patent to an applicant who has engaged in inequitable conduct.” Inequitable conduct typically involves: Failure to…
Read MoreWhat are the risks of improperly claiming micro entity status?
Improperly claiming micro entity status can have serious consequences: It may be considered fraud on the USPTO if done knowingly It can result in the patent being held unenforceable Improperly paid fees will need to be corrected, which may include late fees MPEP 509.04 warns: ‘Any attempt to fraudulently establish status as a micro entity,…
Read MoreWhat are the consequences of fraudulently establishing small entity status?
Fraudulently establishing small entity status or paying fees as a small entity is considered a serious offense. According to 37 CFR 1.27(h): ‘Any attempt to fraudulently establish status as a small entity or pay fees as a small entity will be considered as a fraud practiced or attempted on the Office.’ The consequences of such…
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