[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     unpublished applications.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
>>
>
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