Hundreds of emails lost due to Microsoft crash

We all see in the news that earlier today (Thursday, January 22) Microsoft had some massive internal crash that affected lots of people who had selected Microsoft (aka Outlook) to handle their email service.

I have seen this in two ways.  A first way is that over the course of many hours, I was often unable to send an email to some person or another, and when I looked up the MX record (Wikipedia article) for that person’s domain, it would turn out to be “outlook.com”.  Meaning that the person to whom I was trying (unsuccessfully) to send email had selected Microsoft (aka Outlook) to handle their email service.

A second way is that our listserv server has been crippled by this outage.  In a an average day our listserv server (see past blog postings here and here and how to donate) sends out a few tens of thousands of email messages to the members of our listservs.  Each email gets sent once (in normal times) and that is it.

About one-third of the members of our listservs, it turns out, have selected Microsoft to be their service provider to handle their email.

Normally the chief way that this decision makes a problem for our listserv server is that Microsoft will wrongly make decisions to bounce our listserv emails as if they were spam (which of course they are not).  As for this problem, what is desperately needed is for each member of our listservs (each member that uses Microsoft for email service) to contact Microsoft and tell them to stop doing that.  (This includes, but is not limited to, telling Microsoft to whitelist our server’s IP address as described here.)

But a new and different way that this decision by many of our listserv members makes a problem for our listserv server arose today.  Today, in a very intermittent and unpredictable way, Microsoft just sort of professed to be unable to receive any email at all (no matter who was trying to send the email), inviting the would-be sender to try again later.  How much later, Microsoft did not say.

For our listserv server, this meant that our server would try again after a few minutes, and would get rebuffed by Microsoft, and would try again a few minutes later, and would get rebuffed by Microsoft again, and so on.  This led to a massive queue of many thousands of outbound email messages that needed to be re-attempted over and over again.  As for any particular listserv posting to some particular listserv member (who had selected Microsoft to handle that listserv member’s email service) this would eventually lead up to a reluctant decision by our server to abandon the efforts to send the email message.

Microsoft has not come out and said just what went wrong and has not come out and said they fixed it, whatever it was.  But from reviews of our logs of outbound listserv emails, I get the impression that Microsoft may have fixed whatever it was that went wrong.  Outbound listserv emails to listserv members who use Microsoft for their email seem to be back to their normal level of Microsoft randomly and wrongly discarding some percentage of our emails as if they were spam.  Instead of bouncing all emails, Microsoft is back to bouncing only some percentage of them.

Again, if you are a member of one or more of our listservs, and if the company that you selected to handle your email is Microsoft, then please please tell Microsoft to whitelist our server’s IP address as described here.)

Should the listserv member click on the link? Is it spearphishing?

Oppedahl Patent Law Firm LLC (“OPLF”) sponsors many listservs (email discussion groups for intellectual property professionals, here is a list of them), some with over a thousand members.   In recent days, hundreds of members of the listservs have started to receive email messages that prompted questions, such as:

I received an email, and I need to know whether it is a phishing hack.  If it’s legitimate, I will respond accordingly.

Another listserv member responded:

Got same thing yesterday.  Is real.  The question is why.

What do these emails mean?  Why are the listserv members receiving the emails?  How should listserv members respond?  In this blog posting, I try to answer these questions.  Continue reading “Should the listserv member click on the link? Is it spearphishing?”

USPTO’s Patent Center says: “There was an error”

there was an error
click to enlarge

I was paying an Issue Fee in Patent Center, I clicked “submit”, and at right you can see what happened next.  “There was an error”.

That’s it. The developers of Patent Center want me to know that “There was an error.”

Well, now I know. There was an error.

What really deserves comment here is the state of mind of the developers when they designed this error message. Somebody somewhere at the USPTO, when they were coding this line of code, said “well, I guess I need to choose the text of this error message.”  And this person decided that the way to explain what had gone wrong was to use these four words.

You could ask a twelve-year-old child “is this an acceptable error message?” and the child would say “no it is not”.  Continue reading “USPTO’s Patent Center says: “There was an error””

Listservs seem to be back in service

Hello listserv colleagues!  I think the listservs are more or less back in service.  But for about 30% of our listserv members, the member’s email service provider (ESP) is blocking our postings as spam.  If you are in that 30%, I urge you to direct your ESP to stop the blocking.  This may include whitelisting the new IP address or speaking frankly with your ESP.

And if you posted anything to any of the listservs since about December 21, I am sorry to say you will probably need to repost it.

It took a lot of my professional time to deal with this.  And the hosting service will cost a bit more in perpetuity.  I will gladly receive donations to help support this, as detailed below.

Details follow.  Continue reading “Listservs seem to be back in service”

Maybe you have not used this kind of two-factor authentication for Patent Center?

Trezor Safe 7Day-to-day users of Patent Center are accustomed to the USPTO’s requirement that you provide two-factor authentication (“2FA”) as part of the login process.  It turns out that you may be able to use your cryptocurrency hardware wallet as your 2FA at the USPTO. This blog article explains how to do it. Continue reading “Maybe you have not used this kind of two-factor authentication for Patent Center?”

The listservs are broken

(Update on December 30, 2025.  The listservs seem to be back in service, see blog posting.)

(Update on December 29, 2025.  Today I have spent around eight hours arm-wrestling with Namecheap tech support people, working on the migration of the listservs from a “shared hosting” server to a “virtual private server”.  It has been exhausting.  I think there is a chance that progress has been made.  I will update this posting if I see more progress.)

The executive summary is:  the listservs are broken.  I am working on getting them back into service.  Continue reading “The listservs are broken”

Which commercial e-signature platforms does the USPTO recognize?

an e-signatureOn March 22, 2024 the USPTO published a Federal Register Notice saying that the USPTO would start accepting electronic signatures generated by some commercial e-signature platforms without any requirement that virgules (forward slashes) be incorporated into the e-signature.  You can see, at right, an e-signature generated by one particular commercial e-signature platform.  If you were to e-file the document quoted at right, would the USPTO bounce it or accept it?  In this blog article I discuss in detail the various USPTO communications to try to work out the answer.  Spoiler alert — it turns out to be impossible to know what the USPTO will and will not accept.  Bigger spoiler alert — one assumes that TYFNIL this will be a fertile area for summary judgment practice and the like.  Continue reading “Which commercial e-signature platforms does the USPTO recognize?”

Learning to guess outcomes of appeals of 2d refusals

the TTABlog - keeping tabs on the TTABThanks to John L. Welch’s hundreds of blog articles about 2d refusals, I have gotten to the point where sometimes I can guess correctly the outcome of an ex parte appeal of a 2d refusal.  The alert reader might ask:

    • What is a “2d refusal”?
    • Why would it be interesting to try to guess “the outcome of an ex parte appeal of a 2d refusal”?
    • How might it be that hundreds of blog articles by John L. Welch might lead to a situation in which sometimes I can guess the outcome of such an appeal?
    • And, what can be said of John L. Welch’s extraordinary contributions to the trademark community through his blog?  Continue reading “Learning to guess outcomes of appeals of 2d refusals”