What happens if material fraud is discovered during supplemental examination?

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.

If the Office becomes aware of a material fraud on the Office during supplemental examination or reexamination ordered under 35 U.S.C. 257, the following steps are taken:

• The supplemental examination or reexamination proceeding will continue.
• The matter will be referred to the U.S. Attorney General in accordance with 35 U.S.C. 257(e).
• The Office will also notify the Director of the Office of Enrollment and Discipline (OED) if an Office employee or program discovers a material fraud.

As stated in MPEP 2819: “If the Office becomes aware of a material fraud on the Office… the supplemental examination or reexamination proceeding will continue, and the matter will be referred to the U.S. Attorney General in accordance with 35 U.S.C. 257(e).”