May 10, 2024Client Alert

Potential Erroneous Release of U.S. Patent Application Number and Title by USPTO

Between February 5, 2024 and March 29, 2024, due to a computer programing error, the USPTO unintentionally permitted patent application numbers and patent application titles to be viewed by unauthorized individuals with access to registered Assignment Center accounts.  The USPTO reports that the specification and claims were not part of the information made available and were not accessed. 

The USPTO confirms that any improper access of the application information between the dates of February 5, 2024 and March 29, 2024, is not considered a publication of such applications under 35 U.S.C. 122(b).  The USPTO reiterates that no rights in United States patents are threatened by the access to unpublished applications, and that it is extremely unlikely that the title could disclose the invention in a way that would constitute patent defeating prior art in any jurisdiction.  To the extent any issue is raised, the USPTO will assist applicants by confirming that the disclosure was erroneous and inadvertent.

Michael Best is investigating which applications were impacted and will reach out with more information, as needed.

Please reach out with questions or concerns.

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