How does the USPTO handle protests involving fraud or inequitable conduct?
The USPTO has a specific approach to handling protests involving fraud or inequitable conduct. According to the MPEP, “This includes, of course, information indicating the presence of ‘fraud’ or ‘inequitable conduct’ or ‘violation of the duty of disclosure,’ which will be entered in the application file, generally without comment on the inequitable conduct issues raised in it.” This means that while such information is accepted and included in the application file, the USPTO typically does not provide immediate feedback or commentary on these specific allegations. The information is, however, available for consideration during the patent examination process.
To learn more:
Topics:
And/Or Violation Of Duty Of Disclosure,
Inequitable Conduct,
MPEP 2000 - Duty Of Disclosure,
MPEP 2013 - Protests Involving Issues Of Fraud,
Patent Law,
Patent Procedure