Who is responsible for reporting material fraud discovered during patent examination?
Who is responsible for reporting material fraud discovered during patent examination?
According to MPEP 2819, any USPTO employee who becomes aware of a material fraud on the Office is responsible for reporting it. The MPEP states:
“If an Office employee or program becomes aware of a material fraud… the employee or program should bring the matter to the attention of the Office of Enrollment and Discipline (OED) at the earliest opportunity.”
This responsibility applies to all USPTO employees, including patent examiners, supervisors, and other staff involved in the patent examination process. The discovery of material fraud should be promptly reported to ensure appropriate action is taken.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2819 - Discovery Of Possible Material Fraud,
Patent Law,
Patent Procedure