[Patentpractice] Patent Center change

[Dan Feigelson]

David, I have not looked at the form for verifying one's identity via paper
since getting a USPTO account many years ago.  So in response to your
email, I looked at what the USPTO has to say about using PatentCenter, and
found that the instructions for new users
<https://www.uspto.gov/patents/apply/applying-online/getting-started-new-users>
are themselves confusing. I also found that you appear to be correct: the paper
form <https://www.uspto.gov/sites/default/files/documents/pto-2042a.pdf>
for verifying one's ID with the PTO requires that one be a licensed
practitioner, or a limited recognition practitioner, or a pro se inventor.
If you're not one of those, you're not entitled to look at the USPTO
records. Not only is that unbelievably stupid policy, but I'm certain that
that position violates some federal statute, and even if allowed by
statute, did not go through notice-and-comment rulemaking.

You could sue the PTO, but I suggest a cheaper course of action: think up a
dumb idea that may be (but more likely is not) patentable, write a one-page
description of that idea that includes at least one patent-type claim on
the idea, and file the one-pager as a provisional patent application,
listing yourself as inventor. That will make you a pro se inventor, which
will allow you to register as a PatentCenter user under the PTO's current
(indefensible) rules.  I suggest filing a provisional because (a) it's a
low fee compared to a non-provision and (b) with a provisional, there's no
requirement for an oath/declaration averring that you consider yourself to
be the original inventor of what is claimed.

Finally, I'm thinking it must be really nice to be someone like Kathi
Vidal, on whose watch they decided to destroy private and public PAIR. You
FUBAR the agency you're the head of and the people who need that agency,
then leave for a nice private-sector gig without any repercussions for the
mess you created. Nice work if you can get it.

Dan


On Tue, Sep 30, 2025 at 1:17 AM David Hricik via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> Hi, all,
>
> I doubt many of you need to use it, but the PTO recently (start of the
> month) changed patent center to only practitioners or “independent
> inventors” can have permission to access it.  For patent litigators or a
> lot of other people, that’s not a good development. Anyone know why the
> change?
>
>
>

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