MPEP § 2819 — MPEP § 2819
Current through: 2022-07-01

2819-Discovery of Possible Material Fraud 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2800 

 Section 2819 
 

 
 
 
 
 
 2819 Discovery of Possible Material Fraud [R-07.2022]

 
 37 CFR 1.620 Conduct of supplemental examination proceeding. 

 *****

 
 (g) If the Office becomes aware, during the course of
 supplemental examination or of any reexamination ordered under 35 U.S.C.
 257 as a result of the supplemental examination proceeding,
 that a material fraud on the Office may have been committed in connection with the
 patent requested to be examined, the supplemental examination proceeding or any
 reexamination proceeding ordered under 35 U.S.C.
 257 will continue, and the matter will be referred to the
 U.S. Attorney General in accordance with 35 U.S.C.
 257(e) .
 

 
 

 37 CFR
 1.620(g) provides that, if the Office becomes aware, during the
 course of a supplemental examination or of any ex parte reexamination
 ordered under 35 U.S.C. 257 as a result of the supplemental examination
 proceeding, that a material fraud on the Office may have been committed in connection with
 the patent requested to be examined, the supplemental examination proceeding or any
 ex parte reexamination proceeding ordered under 35 U.S.C.
 257 will continue. The matter will be referred to the U.S. Attorney
 General in accordance with 35 U.S.C. 257(e) . 
 

 The Office anticipates that such instances will be rare.
 Accordingly, the Office does not intend to create a unit to investigate instances of
 material fraud. 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. The supplemental examination proceeding, or any reexamination proceeding
 ordered under 35 U.S.C. 257 , would continue. If the supervisory official concurs,
 the supervisory official would refer the matter to the Deputy Commissioner for Patents who
 oversees the Office of Petitions. If the Deputy Commissioner for Patents who oversees the
 Office of Petitions concurs, the matter would be referred to the Office’s General Counsel,
 who would determine if the matter should be referred to the U.S. Attorney General in
 accordance with 35 U.S.C. 257(e) .
 

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 2801-Introduction 

 2802-Supplemental Examination 

 2803-Persons Who May File a Request for Supplemental Examination 
 2803.01-Inquiries from Persons Other Than the Patent Owner 

 2803.02-Public Access 

 
 

 2804-Representative of Patent Owner 
 2804.01-Withdrawal of Attorney or Agent 

 
 

 2805-Correspondence with Patent Owner; Patent Owner Address 

 2806-How to File Papers in a Supplemental Examination Proceeding and in Any Resulting Ex Parte Reexamination Proceeding 

 2807-Format of Papers Filed in a Supplemental Examination Proceeding 

 2808-Time for Requesting Supplemental Examination 

 2809-Items of Information 
 2809.01-Information Relating to the Correction of Factual Information 

 
 

 2810-Fees Due on Filing a Supplemental Examination Request 
 2810.01-Document Size Fees 

 
 

 2811-Content of Request for Supplemental Examination 
 2811.01 -Detailed Explanation of the Relevance and Manner of Applying Each Item of Information 

 2811.02 -Optional Content 

 
 

 2812-Initial Processing of a Request for Supplemental Examination 
 2812.01 -Filing Date of the Request 

 2812.02-Noncompliant Request for Supplemental Examination 

 2812.03 -Corrected Request 

 2812.04 -Termination Due to Defective/Improper Request or Corrected Request 

 
 

 2813-Handling of Papers, Other Than a Request, in a Supplemental Examination Proceeding 
 2813.01 -Amendments 

 
 

 2814-Interviews Are Prohibited 

 2815-Time for Deciding Request 

 2816-Determination on the Request 
 2816.01 -Claims Considered in Making the Determination 

 2816.02 -Criteria for Making the Determination 

 2816.03 -Content of the Determination 

 2816.04 -Effect of the Determination 

 
 

 2817-Conclusion of Supplemental Examination 
 2817.01 -Processing and Electronic Issuance of Supplemental Examination Certificate 

 
 

 2818-Procedure after Conclusion of Supplemental Examination 
 2818.01 -After Determination Finding a Substantial New Question of Patentability 

 2818.02 -After Determination Finding No Substantial New Question of Patentability 

 
 

 2819-Discovery of Possible Material Fraud 

 2820-Submission of Notification of Other Prior or Concurrent Post-Patent Office Proceedings 

 2821-Multiple Post-Patent Office Proceedings 

 2822-Assignment of the Supplemental Examination Proceeding 

 2823-Differences Between an Ex Parte Reexamination Proceeding Ordered Pursuant to 35 U.S.C. 257 and an Ex Parte Reexamination Proceeding
 Ordered Pursuant to 35 U.S.C. 302 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:41