CALL US: 206.533.3854
CALL US  206.533.3854
AEON Law logo full color transparent

Secret Patent Review Process Revealed

US Government
Said to have secret system
For stalling patents

According to Yahoo! Tech, the US government has a (previously) secret system for delaying the approval of “controversial or inconvenient” patents. The program is called the Sensitive Application Warning System (SAWS) and it’s detailed in a 50-page document requested by a US law firm under the Freedom of Information Act. When a patent application is submitted by a major law firm, it usually requires approval by two patent examiners and the process typically takes 22 months from filing to issuance, according to the firm that sought the materials. The US Patent Office’s own website says the patent process usually takes 29.1 months, taking into account all types of applicants. According to the law firm, patent applications on the SAWS track are placed in “patent purgatory” and must be approved by three to nine people at the Patent Office. This can delay applications for years. Applicants aren’t notified if their patents are in the SAWS track, and the USPTO hasn’t yet revealed which patents are in the SAWS system.

The patent attorney who filed the Freedom of Information request found out about SAWS when he submitted an application for a “mundane” invention by a startup that was being sued by a large company in the same market. His client paid extra to have the application fast-tracked. Instead, when the attorney and his client met with the patent examiner, the examiner said that “special approvals” would delay the application and then allegedly said, “That’s secret, I’m not supposed to say it.” The SAWS program isn’t mentioned in the 1,500 page Patent Office manual of examination procedures.

Patents can be placed in the SAWS track for reasons that include:

· Being broad or pioneering in scope

· Having “seemingly frivolous or silly subject matter”

· “dealing with inventions, which, if issued, would potentially generate unwanted media coverage (i.e., news, blogs, forums)”

· Involving smartphones, internet-enabled systems, or educational processes

· Involving room-temperature superconductors

· Involving business method claims

Examples of subject matter “generating excessive media coverage” include:

· AIDS/HIV vaccines and/or methods of prevention

· Human fetal cell-based inventions

· Tobacco plants engineered for increased nicotine production

· Treatments to increase intelligence

Patent examiners are advised to be “liberal” in assigning patent applications to SAWS. The actual papers obtained may be viewed at the Yahoo! link above. It’s too early to say whether this revelation will have any impact on patent filing practices.

Related Articles

Patent and Trademark Offices Publish Study on NFT IP Issues

The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). ...
Read More

Fourth Circuit Overturns $1 Billion Copyright Infringement Verdict

The Fourth Circuit has overturned a $1 billion verdict in a copyright case against Cox Communications. As the court explained, Defendant Cox Communications sells internet, ...
Read More

Will Federal Circuit Soften Test for Design Patent Obviousness?

An en banc panel of the Federal Circuit recently heard arguments in a case that could change how courts assess design patents for “obviousness.” LKQ ...
Read More

Let's work together.

Contact us to set up a meeting with an attorney or team member.

Stay Informed

Sign up to receive Patent Poetry—a monthly roundup of key IP issues in our signature haiku format. Four articles (only 68 syllables); zero hassle.

SECTORS

HIGH
TECHNOLOGY

Artificial Intelligence

Blockchain & Cryptocurrency

Computer Technology & Software

Consumer Electronics

Electrical Devices

MECHANICAL
& PRODUCTS​

Cleantech

Mechanical Devices

Consumer & Retail Products

Hardware & Tools

Toys & Games

LIFE SCIENCES
& CHEMISTRY​

Biotechnology

Chemical Compounds

Digital Health

Healthcare Products

Pharmaceuticals

BRANDING
& CREATIVE​

Books & Publications

Brand Creation

Luxury Products

Photography & Video

Product Design

SERVICES

PROTECT

DEAL

DEFEND