It appears that DOGE has access to all USPTO records and systems

A January 20, 2025 executive order from President Trump says, in part:

Agency Heads shall take all necessary steps, in coordination with the [administrator of DOGE] and to the maximum extent consistent with law, to ensure [DOGE] has full and prompt access to all unclassified agency records, software systems, and IT systems.

“Agency” is defined in a way that includes the USPTO.

So apparently the Department of Government Efficiency has, or will soon have, full access to all unclassified USPTO records, all USPTO unclassified USPTO software systems, and all USPTO unclassified IT systems.

8 Replies to “It appears that DOGE has access to all USPTO records and systems”

    1. I don’t know the answer. But what popped into my head just now is that this development with DOGE might mean yet another factor to take into account when considering whether to file one’s PCT application in RO/US or RO/IB.

  1. “to the maximum extent consistent with law”

    Seems to me 35 USC 122(a) is relevant in that regard.

    “(a) CONFIDENTIALITY.— Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.”

    An EO is not an Act of Congress. Has the new director determined that an EO creates special circumstances that allow for waiver of confidentiality?

  2. As a passive onlooker filing applications in the UK & Europe, this latest development appears really bad and suspect to me.
    Still, as Carl says once you have overcome the US requirement for a “Foreign Filing Licence”, it does make filing PCT applications via the International Bureau much more attractive!

  3. So, potentially now Musk (CEO of Tesla among other things, last I checked) has access to unpublished applications filed by competitors. I can’t imagine anyone in the automobile industry or any other industry he’s in is OK with this.

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