Secret Patent-Examination Program: Rare But Consequential

Law360, New York (January 27, 2015, 10:03 AM EST) -- Last fall, we investigated a secret program called the Sensitive Application Warning System (SAWS). Under the program, patent examiners were instructed to notify their supervisors upon identifying an application corresponding to an identified SAWS subject matter. A corps-wide list of potential SAWS subject matter included 14 subjects, such as "Applications with claims of pioneering scope;" "Applications dealing with inventions, which, if issued, would potentially generate unwanted media coverage (i.e., news, blogs, forums)" and " Applications disclosing seemingly frivolous or silly subject matter." Each technology center included further lists, which, in total, amounted to approximately 100 additional potential SAWS subject matters....

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