How does the USPTO handle confidentiality in material fraud cases?
How does the USPTO handle confidentiality in material fraud cases? The USPTO treats potential material fraud cases with strict confidentiality. According to MPEP 2819: “In order to preserve the confidentiality of any investigation… the employee or program should not discuss the matter with any other employees not having a need to know the information.” This…
Read MoreWho is responsible for reporting material fraud discovered during patent examination?
Who is responsible for reporting material fraud discovered during patent examination? According to MPEP 2819, any USPTO employee who becomes aware of a material fraud on the Office is responsible for reporting it. The MPEP states: “If an Office employee or program becomes aware of a material fraud… the employee or program should bring the…
Read MoreWhat 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…
Read MoreWhat types of requests are decided by the Office of General Law in the USPTO?
The Office of General Law in the USPTO is responsible for deciding three main types of requests: Requests filed under the Freedom of Information Act (FOIA) Administrative appeals of the FOIA Officer’s decision Certain uncontested decisions involving the Office of Enrollment and Discipline As stated in MPEP 1002.02(k)(2): “1. Requests filed under the Freedom of…
Read MoreWhat matters are decided by the General Counsel of the USPTO?
The General Counsel of the USPTO is responsible for deciding several important matters, including: Requests for confidentiality waiver under 35 U.S.C. 122 Certain petitions for time extensions related to appeals Petitions regarding enrollment, recognition, and disciplinary matters Appeals and reconsideration requests in practitioner disciplinary proceedings Contested decisions involving the Office of Enrollment and Discipline As…
Read MoreWhat are “uncontested decisions” involving the Office of Enrollment and Discipline at the USPTO?
The Office of General Law at the USPTO is responsible for deciding certain uncontested decisions involving the Office of Enrollment and Discipline (OED). As stated in MPEP 1002.02(k)(2): “3. Certain uncontested decisions involving the Office of Enrollment and Discipline.” Uncontested decisions typically refer to cases where: A practitioner does not dispute the OED’s findings or…
Read MoreWhat types of petitions are decided by the Director of the Office of Enrollment and Discipline?
The Director of the Office of Enrollment and Discipline decides on several types of petitions related to patent practitioner enrollment and disciplinary matters. According to MPEP 1002.02(m), these include: Petitions regarding enrollment or recognition under 37 CFR 11.2(c) Requests for limited recognition under 37 CFR 11.9 Petitions for reinstatement under 37 CFR 11.60 Petitions to…
Read MoreWhat role does the General Counsel play in USPTO disciplinary proceedings?
The General Counsel plays a significant role in USPTO disciplinary proceedings, particularly in matters involving the Office of Enrollment and Discipline (OED). According to MPEP 1002.02(k)(1), the General Counsel is responsible for deciding: Petitions under 37 CFR 11.2(d) from final decisions of the OED Director regarding enrollment or recognition Petitions under 37 CFR 11.2(e) from…
Read MoreHow can a practitioner appeal a decision of the USPTO Office of Enrollment and Discipline?
Practitioners can appeal decisions of the USPTO Office of Enrollment and Discipline (OED) through a process overseen by the General Counsel. According to MPEP 1002.02(k)(1), the General Counsel decides on: “Appeals under 37 CFR 11.55 of initial decisions of hearing officers and requests for reconsideration under 37 CFR 11.56(c) in proceedings under 35 U.S.C. 32…
Read MoreHow does changing the correspondence address in a patent application affect a practitioner’s address of record?
Changing the correspondence address in a patent application does not automatically change a patent practitioner’s address of record with the USPTO. These are two separate matters: The correspondence address is specific to an application or patent The practitioner’s address of record is maintained in the USPTO’s roster of registered practitioners MPEP 601.03(a) cites 37 CFR…
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