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: 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…

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What is the role of the U.S. Attorney General in patent material fraud cases?

The U.S. Attorney General plays a crucial role in cases of potential material fraud discovered during supplemental examination or reexamination of patents. MPEP 2819 states: “The matter will be referred to the U.S. Attorney General in accordance with 35 U.S.C. 257(e).“ This referral occurs after an internal review process within the USPTO. The Attorney General’s…

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What happens if material fraud is discovered during supplemental examination?

What happens if material fraud is discovered during supplemental examination? If the Office becomes aware of a material fraud on the Office during supplemental examination or reexamination ordered under 35 U.S.C. 257, the following steps are taken: The supplemental examination or reexamination proceeding will continue. The matter will be referred to the U.S. Attorney General…

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Does the discovery of potential material fraud halt supplemental examination?

No, the discovery of potential material fraud does not halt the supplemental examination or any resulting reexamination. According to MPEP 2819: “If the Office becomes aware, during the course of supplemental examination or of any reexamination ordered under 35 U.S.C. 257 as a result of the supplemental examination proceeding, that a material fraud on the…

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How does the USPTO handle potential fraud discovered during supplemental examination?

The USPTO has specific procedures for handling potential fraud discovered during supplemental examination. The MPEP explains: “In accordance with 35 U.S.C. 257(e), if the Office becomes aware, during the course of a supplemental examination or ex parte reexamination ordered under 35 U.S.C. 257, that a material fraud on the Office may have been committed in…

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