If you are interested in the USPTO's Sensitive Application Warning System (SAWS), I recommend reading entrepreneur Devon Rolf's guest post on IP Watchdog: Secret Examination Procedures at the USPTO: My Experience with SAWS.
Does SAWS have a basis in statutory law and/or regulatory rules? The article makes it sounds like SAWS is, among other things, designed to disallow US patent applications that could generate "undue publicity" or "embarrassment." I am not sure how much latitude Congress is granting the USPTO, but perhaps the USPTO can help applicants understand how this all works.
Copyright © 2014 Robert Moll. All rights reserved.
Showing posts with label SAWS. Show all posts
Showing posts with label SAWS. Show all posts
Sunday, December 14, 2014
Tuesday, December 9, 2014
Yahoo Tech News - The US Government Has a Secret System for Stalling Patents
Tonight, I suggest reading the Yahoo News article The US Government Has a Secret System for Stalling Patents.
The article notes that documents obtained under the Freedom of Information Act (FOIA) reveal the USPTO's Sensitive Application Warning System (SAWS).has been imposing extra scrutiny and delay on any US patent application designated as containing sensitive subject matter. The USPTO may do this without publishing that the application is a SAWS case. What makes subject matter sensitive? An application might be designated if it describes (1) a business method; (2) algorithms rejected under 35 USC 101; (3) claims that might be used (i.e., infringed) by the USPTO; (4) subject matter embarrassing to the USPTO; and (5) subject matter likely to trigger media attention.
Copyright © 2014 Robert Moll. All rights reserved.
The article notes that documents obtained under the Freedom of Information Act (FOIA) reveal the USPTO's Sensitive Application Warning System (SAWS).has been imposing extra scrutiny and delay on any US patent application designated as containing sensitive subject matter. The USPTO may do this without publishing that the application is a SAWS case. What makes subject matter sensitive? An application might be designated if it describes (1) a business method; (2) algorithms rejected under 35 USC 101; (3) claims that might be used (i.e., infringed) by the USPTO; (4) subject matter embarrassing to the USPTO; and (5) subject matter likely to trigger media attention.
Copyright © 2014 Robert Moll. All rights reserved.
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