[Patentpractice] Interesting notice from USPTO re data breach
Carl Oppedahl
carl at oppedahl.com
Sun Apr 28 20:46:32 UTC 2024
This notice says:
Inquiries regarding this matter may be directed ... via email
addressed to ugPto.gov.
I am pretty sure if I were to address email "to ugPto.gov" it would fail
to reach its destination. This does not instill confidence in our CIO.
On 4/28/2024 3:39 AM, Dan Feigelson via Patentpractice wrote:
> I got the following in one of my cases. Supposedly posted yesterday
> (Saturday, April 27)
>
> *Notice of Potential Erroneous Release of Patent Application Titles*
>
> On February 5, 2024, the United States Patent and Trademark Office
> (USPTO), replaced the Electronic Patent Assignment System (EPAS) and
> Electronic Trademark Assignment System (ETAS) with Assignment Center.
>
> Between February 5, 2024 and March 29, 2024, the USPTO,
> unintentionally, through a computer programming error, permitted
> bibliographic information to be viewed by unauthorized individuals
> with access to registered Assignment Center accounts. This
> bibliographic information was limited to the application number (the
> two-digit series code plus the six-digit serial number) and title of
> the invention.
>
> You are receiving this notification because your application ’spatent
> title may have been viewed during that time frame by individual(s) who
> lacked permission to do so . The software error was first reproduced
> by USPTO on March 28, 2024, and was corrected on March 29, 2024. Only
> application numbers and titles were disclosed; it is important to note
> that your specification and claims were not part of the information
> made available and were not accessed.
>
> Any improper access of the application information between the dates
> of February 5, 2024 and March 29, 2024, is not considered a
> publication of such applications under 35 U.S.C. 122(b). No rights in
> United States patents are threatened by the access to unpublished
> applications. It is extremely unlikely that the title could disclose
> the invention in a way that would constitute patent- defeating prior
> art in any jurisdiction. To the extent any issue is raised, the USPTO
> will assist applicants by confirming that the disclosure was erroneous
> and inadvertent.
>
> We’re committed to data security and are taking enhanced steps to
> prevent incidents such as this from happening in the future. The USPTO
> sincerely regrets this error and is instituting more testing controls,
> both manual and automated testing, to prevent similar processing
> errors in the future.
>
> Inquiries regarding this matter may be directed to Mark Polutta,
> Senior Legal Advisor, at (571) 272-7709 or Andrew Stclair, Legal
> Advisor, at (571) 270-0238, both of the Office of Patent Legal
> Administration or via email addressed to ugPto.gov.
>
> Henry “Jamie” Holcombe
> Chief Information Officer
> US Patent and Trademark Office
> Office +1 (571)272-9400
>
> Dated: April 27 th , 2024
>
>
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