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US Trademark Office needs to stop publishing IP addresses linked to email addresses

(Followup — USPTO did the right thing and stopped publishing IP addresses.  See this blog post.)

Those who read the previous posting, about the need for USPTO to implement SSL and PFS on all of its outward-facing e-commerce systems, will have heard of the suspicion that a company is eavesdropping on TESS sessions and then uses the results of the eavesdropping in emailed sales pitches.  The alert reader will wonder how it is that such an eavesdropper would be able to figure out what email address to use to reach someone at an otherwise seemingly random IP address.  The answer is that the US Trademark Office needs to stop publishing IP addresses linked to email addresses.

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USPTO needs to implement SSL and PFS on all servers

The USPTO needs to implement SSL and PFS on all of its public-facing servers.  In plain language all of the servers at USPTO need to use “https://” rather than “https://”.  Why?  Because apparently there are eavesdroppers.  See this report from a member of the E-Trademarks listserv:

The company TMFeatures really has figured out how to decipher what we are searching, and I am very concerned.  I am working on a very sensitive global launch for a client, and I received an email this afternoon from this company which makes it clear that it knows exactly what I have pulled up on the public USPTO TESS database.  How can that happen?   If a company is able to compile a list of the marks we have pulled up, it would not be hard to make a very good case of competitive intelligence available for the right price.   I assume this would be much worse for single industry in-house trademark counsel than us outside people, but still very concerning.

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EFS-Web broken again

USPTO has had another system crash.  EFS-Web is broken again.  It crashed at about 6AM this morning, Saturday, August 9.

Practitioners will recall the big USPTO system crash on Wednesday, May 14 (blog) in which EFS-Web was broken but also EFS-Web Contingency was broken.

In today’s system crash, EFS-Web is broken but EFS-Web Contingency is still working.  So today’s crash at the USPTO is not quite as bad as the May 14 crash.

The USPTO maintains a USPTO Systems Status and Availability page which supposedly provides “the latest information on operating status and availability of Online Business Systems.”  The USPTO failed that promise again today.  At no time during this six-hour outage did the SSAA page give any acknowledgement that EFS-Web had crashed.

What are the workarounds when EFS-Web crashes like this?

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Trademark Office being helpful

Do you sometimes prepare a submission in USPTO’s TEAS system, and send it to a client so that the client may review it and maybe e-sign it?  (Examples of such a submission might include the filing of a new US trademark application or the filing of a Statement of Use.)   If so, then during the next two weeks you may wish to carry out that task in a slightly different way than the usual way.  The nice thing is that the Trademark Office is being helpful to its customers by letting them know in advance of something important that will happen about two weeks from now.

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Today is the last day to file certain PTA correction requests

I have not encountered very many patent practitioners that noticed the Federal Register notice of May 15, 2014 entitled “Revisions To Implement the Patent Term Adjustment Provisions of the Leahy-Smith America Invents Act Technical Corrections Act”.  This notice established today, July 31, 2014, as the last day on which you can file a certain type of request for adjustment of patent term.

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Astonishingly good system integration at WIPO

Just now I e-filed a PCT patent application in the Receiving Office of the International Bureau.  I did this using WIPO’s ePCT system.  And a mere sixty seconds later, I was able to click and see a draft of the front page of what will eventually be the eighteen-month publication, all the way down to the date (February 5, 2015) that it will probably be published.  I am astonished at the level of integration among WIPO’s various systems that must have been accomplished to make this possible.   Indeed there are half a dozen good things about this e-filing experience that deserve comment.

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Sign up before July 16 for the 18th annual AIPLA PCT Seminar

It’s July again, which means it is time for another AIPLA PCT Seminar.  This will be the 18th annual offering of the Seminar.  The Seminar will take place in Denver, Colorado on Monday and Tuesday July 21 and 22, and it will be offered a second time in Arlington, Virginia on Thursday and Friday July 24 and 25.  I will be among the faculty of this Seminar.  If the Seminar will take place a week from now, why is it so important to sign up before July 16?

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USPTO mishandling QPIDS

I expect that some readers of this blog have made use of QPIDS, the Quick Path Information Disclosure Statement system.  The goal of QPIDS is to reduce the number of times that an applicant has to pay an RCE fee to get an IDS considered.  Unfortunately in recent times USPTO has been mishandling the QPIDS system.  The result is that often an applicant is stuck paying even more money than the applicant would have had to pay if the applicant had simply filed an RCE instead of a QPIDS.

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