Recently, the U.S. Patent and Trademark Office (USPTO) established a new working group to strengthen its efforts against fraud and misconduct in the patent process. The Patent Fraud Detection and Mitigation Working Group will focus on protecting the integrity of the U.S. patent system and reducing delays in application processing.
This initiative reflects the USPTO’s ongoing commitment to limit improper activity in patent applications and reexamination proceedings at the USPTO and reduce patent pendency. The group’s priorities include:
- Addressing erroneous micro entity and small entity fee certifications and assertions
- Monitoring suspicious filings
- Identifying and reviewing potential misrepresentations to the USPTO, including false signatures, and when appropriate using the administrative sanctions process to address these misrepresentations
Examples of patent-related threats can be found on the USPTO’s website (https://www.uspto.gov/patents/fraud/examples-threats-patent-system).
At McCoy Russell, we are committed to maintaining the highest standards of integrity and professionalism in all interactions with the USPTO. We take seriously our duty of candor and good faith during the filing and prosecution of patent applications, as outlined in 37 CFR 1.56, and understand that honesty is fundamental to the patent process. Our team upholds a duty of reasonable inquiry and ensures that submissions to the USPTO are accurate, truthful, and made in good faith, in line with 37 CFR 11.18. We also recognize the importance of these responsibilities. McCoy Russell remains dedicated to ethical practice and the trust our clients place in us.
