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”

“ante-penultimate”

Thanks to Brian E. Hanlon, Assistant Commissioner for Patents at the USPTO, I learned a new word today:

antepenultimate.

Assistant Commissioner Hanlon recently published a memo dated October 24, 2025 entitled Advance notice of change to the MPEP with respect to false assertions or certifications of entity status.   It contains these words:

The ante-penultimate and penultimate paragraphs in MPEP § 410 are revised to read …

Of course we all already knew what “penultimate” means, namely “second from the end”.  Thanks to Mr. Hanlon, today I learned of the existence of “antepenultimate” which means “third from the end”.  (The word is not actually hyphenated.)

It turns out that there are more words like this:

      • “preantepenultimate” means “fourth from the end” and
      • “propreantepenultimate” means “fifth from the end”.