What is the role of the U.S. Attorney General in patent material fraud cases?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. The U.S. Attorney General plays a crucial role in cases of potential material fraud discovered during supplemental examination or reexamination of patents. MPEP 2819 states: “ The matter will be referred to the U.S. Attorney General in accordance with 35 U.S.C. 257(e). “ This referral occurs after an internal review process within the USPTO. The Attorney General’s office may then investigate the matter further and decide whether to pursue legal action against those involved in the alleged fraud. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Supplemental Examination Referral to U.S. Attorney General for Possible Material Fraud MPEP 2819 Continuation of Supplemental Examination if Material Fraud Suspected MPEP 2819 Permitted Deputy Commissioner Referral for Possible Material Fraud MPEP 2819 Recommended Supervisory Official Must Refer Material Fraud to Deputy Commissioner for Patents MPEP 2819 Supplemental Examination Continues Without Special Investigation for Rare Material Fraud MPEP 2819 Reexamination Proceeding Continues Despite Suspected Fraud MPEP 2819 Office Must Refer Material Fraud to U.S. Attorney General During Supplemental Examinations MPEP 2802 Required Examiner Must Notify Supervisory Official on Possible Material Fraud During Supplemental Examination MPEP 2819 Permitted Material Fraud Is Narrower Than Inequitable Conduct MPEP 2802 Supplemental Examination Not Conducted for Invalid Claims MPEP 2816 Other Related FAQs 5 FAQs Collapse Who is responsible for identifying potential material fraud during patent examinations? Does the discovery of potential material fraud halt supplemental examination? What happens if material fraud is discovered during su...