What is the role of the U.S. Attorney General in patent-related material fraud cases?
What is the role of the U.S. Attorney General in patent-related material fraud cases?
The U.S. Attorney General plays a crucial role in addressing material fraud cases related to patents. According to MPEP 2819:
“If the Office becomes aware of a material fraud on the Office… the matter will be referred to the U.S. Attorney General in accordance with 35 U.S.C. 257(e).”
The U.S. Attorney General’s involvement includes:
- Receiving referrals from the USPTO regarding material fraud cases
- Investigating the alleged fraud
- Determining whether criminal prosecution is warranted
- Potentially initiating legal proceedings against those responsible for the fraud
This referral process is mandated by 35 U.S.C. 257(e) and ensures that serious cases of fraud in patent matters are addressed at the highest levels of law enforcement.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2819 - Discovery Of Possible Material Fraud,
Patent Law,
Patent Procedure