| Electronic Filing and Submission |
Referenced Items (355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378) |
(360) New Certification Requirements regarding the
Export Administration Regulations in
EFS-Web and Private PAIR
A. Summary:
Effective 11 November 2007, the U.S. Patent and Trademark Office
(Office) began requiring users of EFS-Web to certify that they are acting
in accordance with the Export Administration Regulations (EAR) when
attempting to retrieve saved but as yet unfiled application information via
EFS-Web. The Office also plans, in the near future, to require Private
PAIR users to make this certification when accessing application
information via Private PAIR.
In addition, paragraph 6 of the USPTO Public Key Infrastructure
Subscriber Agreement has been modified to include an assertion that the
digital certificate holder agree not to use or permit the use of the USPTO
certificate in a manner that would violate or circumvent the EAR.
B. Background:
The Office's Private PAIR system allows anyone associated with a
customer number to view patent application information before the
application has received a foreign filing license. Thus, it is possible
for persons located outside the United States or a foreign national inside
the United States to view patent application information through Private
PAIR prior to the issuance of a foreign filing license for the application.
Technology and software included in or intended for filing in patent
applications may be subject to U.S. dual-use export controls, which are set
out in the EAR. Further, access to such technology and/or software by any
person located outside the United States or by a foreign national inside
the United States constitutes an export that may require a license from the
BIS.
In addition, the EFS-Web filing system includes a feature that allows
registered users to upload application information and save that
information for a limited amount of time. Further, the USPTO Public Key
Infrastructure Subscriber Agreement states that the digital certificate
holder may designate an employee who may use the digital certificate under
the direction and control of the digital certificate holder. The Saved
Submissions information may be viewed by the designated employee. In
addition, EFS-Web enables the designated employee to view the last 40
acknowledgment receipts associated with existing patent applications.
These features of EFS-Web give users the ability to allow a designated
employee, using a digital certificate under the direction and control of
the certificate holder, to access information associated with an
application, which has not received a foreign filing license. Technology
and software included in or intended for filing in patent applications may
be subject to US dual-use export controls, which are set out in the EAR.
Further, access to such technology and/or software by any person located
outside the United States or by a foreign national inside the United States
constitutes an export that may require a license from the U.S. Commerce
Department's Bureau of Industry and Security (BIS).
C. Implementation of New Certification Requirement:
Effective 11 November 2007, when a registered user logs in to EFS-Web
and selects "My Workplace" to retrieve "Saved Submissions" or view "Last 40
Acknowledgement Receipts", the user will now have to make a certification
that he/or she is not acting in a way that would violate or circumvent the
EAR.
This certification requirement will soon be required when a registered
user attempts to log in to Private PAIR to view patent application
information associated with the user's customer number.
 Top of Notices (360) December 26, 2023 |
US PATENT AND TRADEMARK OFFICE |
1517 CNOG 2575 |
In addition, paragraph 6 of the USPTO Public Key Infrastructure
Subscriber Agreement has been modified to include an assertion that the
digital certificate holder agree not to use or permit the use of the USPTO
certificate in a manner that would violate or circumvent the EAR.
D. Inquiries: For further information regarding EFS-Web, please contact
the Patent Electronic Business Center (EBC) at 866-217-9197 (toll-free) or
by e-mail at ebc@uspto.gov.
Questions regarding this notice may be directed to Diana Oleksa, Policy
Advisor for IT Projects, by phone at (571) 272-3291 or by email at
diana.oleksa@uspto.gov.
November 29, 2007 JOHN J. LOVE
Deputy Commissioner for
Patent Examination Policy
[1326 OG 104]