Who is responsible for reporting material fraud discovered during patent examination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

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.

Topics: MPEP 2800 - Supplemental Examination MPEP 2819 - Discovery Of Possible Material Fraud Patent Law Patent Procedure
Tags: Reexamination Order