USPTO terminates patent application proceedings for fraudulent use of signature

WASHINGTON, D.C. - Today the U.S. Patent and Trademark Office (USPTO) issued a final order terminating proceedings in roughly 3,100 patent applications for the fraudulent entry of the S-signature of a registered practitioner by someone other than the practitioner.

Under the patent rules (37 CFR 1.4), signatures on papers submitted to the USPTO must be personally inserted by the named signatory, and the USPTO may require evidence of the authenticity of a signature. Submission of papers for any improper purpose, such as to deceive the USPTO or evade the rules, may result in sanctions (37 CFR 11.18).

In October 2022, the USPTO contacted a practitioner whose signature appeared on a large number of micro entity certification forms received by the agency. Upon further investigation, with the cooperation of the practitioner, it was discovered that the signature of the practitioner was being used by another person.

Due to the improper use of a practitioner's signature, the submission of papers for improper purposes, and the violation of the duty of candor and good faith, the USPTO has issued a final order terminating proceedings in the applications in which this conduct occurred.

"The scale of this fraudulent action is a stark reminder for registered practitioners of their obligations under the USPTO Rules of Practice to take reasonable precautions to protect their credentials and alert the USPTO of any suspected fraud," states Under Secretary of Commerce for Intellectual Property and Director of the USPTO Kathi Vidal. "Further, it is a warning to applicants to ensure they are working with a licensed representative with authority to practice before the USPTO. Preventing fraud is an all-hands-on-deck initiative - we want all applicants to be educated on the application process, and all practitioners to safeguard their credentials."

The USPTO, through the Office of Enrollment Discipline, makes available a list of registered practitioners to assist applicants, as well as a list of disciplined practitioners. Additionally, the USPTO provides on its website tips on how to identify and avoid common scams.