What are the consequences of submitting a false statement of unintentional delay?
What are the consequences of submitting a false statement of unintentional delay?
Submitting a false statement of unintentional delay to the USPTO can have serious consequences. The MPEP section 711.03(c) warns:
35 U.S.C. 41(a)(7) provides that the Office shall charge $[XXXXXX] on filing each petition for the revival of an abandoned application for a patent, for the delayed payment of the fee for issuing each patent, for the delayed response by the patent owner in any reexamination proceeding, for the delayed payment of the fee for maintaining a patent in force, for the delayed submission of a priority or benefit claim, or for the extension of the 12-month period for filing a subsequent application. 35 U.S.C. 41(a)(7) also provides that the Director may refund any part of the fee, in exceptional circumstances as determined by the Director. This provision permits the Office to ensure the proper applicants receive relief under this section.
Consequences of submitting a false statement may include:
- Rejection of the petition
- Revocation of any granted patent
- Criminal penalties for false statements (18 U.S.C. 1001)
- Disciplinary action against registered practitioners
It’s crucial to ensure all statements made to the USPTO are truthful and accurate.
To learn more: