Does the discovery of potential material fraud halt supplemental examination?

Question

Accepted Answer

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. 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 Office may have been committed in connection with the patent requested to be examined, the supplemental examination proceeding or any reexamination proceeding ordered under 35 U.S.C. 257 will continue. “ This ensures that the examination process is completed regardless of potential fraud issues, which are handled separately through referral to the U.S. Attorney General. 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 Continuation of Supplemental Examination if Material Fraud Suspected MPEP 2819 Permitted Reexamination Proceeding Continues Despite Suspected Fraud MPEP 2819 Supplemental Examination Continues Without Special Investigation for Rare Material Fraud MPEP 2819 Deputy Commissioner Referral for Possible Material Fraud MPEP 2819 Recommended Examiner Must Notify Supervisory Official on Possible Material Fraud During Supplemental Examination MPEP 2819 Permitted Office Must Refer Material Fraud to U.S. Attorney General During Supplemental Examinations MPEP 2802 Required Supervisory Official Must Refer Material Fraud to Deputy Commissioner for Patents MPEP 2819 Supplemental Examination Not Conducted for Invalid Claims MPEP 2816 Material Fraud Is Narrower Than Inequitable Conduct MPEP 2802 Other Related FAQs 5 FA...