[Patentpractice] Interesting notice from USPTO re data breach
Carl Oppedahl
carl at oppedahl.com
Mon Apr 29 09:29:42 UTC 2024
Yes, this is a very good point. Thank you for posting. Your posting
inspired this blog article:
https://blog.oppedahl.com/uspto-flip-flops-on-whether-a-patent-application-title-reveals-technical-data/
On 4/28/2024 10:16 PM, Patent Lawyer via Patentpractice wrote:
> And how is there no harm when the PTO gives away a title that we
> cannot give to ePCT when preparing a filing package for RO/US?
>>
>> 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 unpublished applications.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
>>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/patentpractice_oppedahl-lists.com/attachments/20240429/3924d66e/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: smime.p7s
Type: application/pkcs7-signature
Size: 4514 bytes
Desc: S/MIME Cryptographic Signature
URL: <http://oppedahl-lists.com/pipermail/patentpractice_oppedahl-lists.com/attachments/20240429/3924d66e/attachment.p7s>
More information about the Patentpractice
mailing list