How does the USPTO handle protests alleging fraud or violation of duty of disclosure?

The USPTO has specific procedures for handling protests that allege fraud or violation of the duty of disclosure. According to the MPEP:

“Information indicating ‘fraud’ or ‘violation of the duty of disclosure’ under 37 CFR 1.56 may be the subject of a protest under 37 CFR 1.291. Protests raising fraud or other inequitable conduct issues will be entered in the application file, generally without comment on those issues.”

Key points to note:

• Such protests are accepted under 37 CFR 1.291
• They are entered into the application file
• The USPTO typically does not comment on these issues in the file
• For more information on how the Office handles fraud or inequitable conduct issues, refer to MPEP § 2013

While the USPTO accepts these protests, it’s important to understand that they are handled differently from other types of protests, and the Office may not provide direct feedback on these allegations.

To learn more:

• Patent Protest
• Fraud Allegations
• Duty of Disclosure
• 37 CFR 1.56
• USPTO Procedures