QUESTION
Is a U.S. public officer infringing the federal Law of the United States? And are any of the below situations infringements to the U.S Laws?
Asked on Aug 19th, 2012 on Patents - Washington
More details to this question:
An Examiner of the U.S Patent Office, from the beginning of the examination process, has been rejecting the claims of an application, writing in the Office Actions (which are public documents) false statements and affirming that such statements belong to other patent already granted. This is absolutely NOT TRUE, he has invented the rejections by tampering with the text and word of the examined application.
a) I want to know that if being him a public officer has he infringed the Title 18 of the US Code 1028.
b) Also I need to know if I report this to the FBI before my patent would be granted, is this or not some type of legal infringement.
c) Finally I want t know if there is any infringement of any Law of the United State if I post in a blog that I suspect about corruption inside the USPTO by asking open questions?
1 ANSWER
The short answer is no you cannot. Furthermore, just because you disagree with the Examiner does not mean he has done anything wrong. If you disagree with the Examiner's rejections, your recourse is to appeal the rejections to the Board of Appeals and as part of the appeal process you court request an initial review by a panel of examiners in that examiner's technology center. However, this is not something you should do by yourself and you should get advice from a patent attorney.
Answered on Aug 20th, 2012 at 9:01 AM