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 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.“
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2819 - Discovery Of Possible Material Fraud,
Patent Law,
Patent Procedure