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« USPTO Disables PKI Authentication for EFS-Web and Private PAIR | Main | Panel Discussion on Freedom to Operate Searches »

July 04, 2019


Re: .."patentees generally do not have great concerns about the Freedom of Information Act (FOIA) because of the U.S. Patent and Trademark Office's secrecy requirements."
Given the number and massive scope of hacks into other U.S. Government databases, and the extent and sophistication of foreign government technology espionage, what is your assumed level of secrecy confidence based on? Has the PTO ever explained its IT security level for unpublished applications? Are they encrypted? Do examiners have no way to download or transfer such data?

Mr. Morgan,

Are you presuming that just because other governments routinely hack into and "loot" information that is gathered under the presumption of secrecy, that any such presumption is necessarily destroyed?

I would answer your "what is your assumed level" question with the answer that the LAW still regards that the submitted information IS confidential prior to publication.


THAT is all that is needed.

And I would then have to wonder about those that seemingly have forgotten one of the critical notions in the US Sovereign patent system that the exchange between the inventor and the government was NEVER merely publication for a chance of a patent grant, and that the very basis as to WHY pre-publication information shared IS secret appears to have been not considered in your question.

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