USPTO Terminates Thousands of Chinese-Origin Patent Applications Due to Forged Attorney/Agent Signatures

by Dennis Crouch

In a stunning development, the USPTO recently terminated proceedings in approximately 3,100 patent applications due to the fraudulent use of a prac،ioner\'s signature. This m، termination, announced on October 2, 2024, stems from an investigation that uncovered misconduct involving the unaut،rized use of a registered patent agent\'s electronic signature.

The outcome here appears ،entially over the top in the way that it punishes the patent applicants -- almost all Chinese companies -- for unknowingly parti،ting in the fraud.\xa0 As one attorney w، is now representing one of the impacted applicants explained to me: "puni،ng the applicants for the actions of the prac،ioner goes a bit far, especially where the punishment is termination with no remedy."\xa0 A number of the applicants used Chinese counsel w، identified and hired the offending firm (W&K) years ago and worked with them for some time wit،ut issue.\xa0 I would not be surprised if some of these applicants push for judicial review, perhaps by filing an APA action.