The USPTO’s Patent Fraud Mitigation Unit is aggressively targeting unauthorized representatives and fraudulent submissions in patent proceedings, and the numbers are striking. Bad actors operating as unauthorized representatives undermine the integrity of the patent system, delay legitimate applications, and increase costs for honest innovators. The USPTO has made combating this fraud a clear enforcement priority.

Since the beginning of fiscal year 2025, the Patent Fraud Mitigation Unit has terminated over 3,800 patent applications for rule violations. In a single action in April 2026, the Office issued a final order terminating proceedings in more than 400 applications specifically for violations related to the use of unauthorized representation.

The implications for applicants are significant. The USPTO makes clear that the actions of a chosen representative are legally binding on the applicant. When a representative submits papers to the Office, those submissions are treated as though the applicant made them directly. This means that if an unauthorized or fraudulent representative makes misrepresentations, files defective documents, or otherwise violates USPTO rules, the applicant bears the consequences — up to and including termination of the application.

The USPTO urges all patent applicants to take precautions to protect themselves. Before engaging any representative, applicants should confirm that the individual is registered to practice before the USPTO. The Office maintains a searchable database of currently authorized patent practitioners on the Patent Practitioner Home Page, which allows applicants to verify credentials directly. Applicants should also understand the binding nature of representation and choose their representatives carefully, recognizing that any papers submitted on their behalf are attributed to them. For detailed guidance on the rules governing representation before the Office, the USPTO directs applicants to Chapter 400 of the Manual of Patent Examining Procedure. Additional resources are available on the USPTO’s “Mitigating Threats to the Patent System” page and the “Finding a Patent Practitioner” page, though the Office notes that it cannot recommend or aid in the selection of a specific attorney or agent.

This enforcement wave signals that the USPTO — now operating under the “America’s Invention Agency” identity — is treating unauthorized representation as a serious threat to patent system integrity. For patent applicants, particularly those working with unfamiliar representatives or lower-cost filing services, the message is clear: due diligence on your representative is not optional. The cost of working with an unauthorized practitioner can be the loss of your patent rights entirely. If you have questions about verifying practitioner credentials or need assistance with patent prosecution, our team is available to help.