Who is responsible for identifying potential material fraud during patent examinations?
Potential material fraud can be identified by various USPTO employees during the examination process. MPEP 2819 provides an example:
“If an employee of the Office, such as an examiner in the CRU, becomes aware, during the course of supplemental examination or any reexamination ordered under 35 U.S.C. 257, that a material fraud on the Office may have been committed in connection with the patent subject to a supplemental examination or resulting reexamination ordered under 35 U.S.C. 257, the employee would notify the supervisory official in charge of the section of the Office to which the employee is assigned, such as the Director of the CRU.“
This indicates that examiners and other USPTO employees are responsible for identifying and reporting potential material fraud during their normal course of work.
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