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 The program, called the Sensitive Application Warning System,
began in 1994 and was meant to notify the agency's leadership of
applications that could generate extensive or unfavorable publicity.
"Upon careful consideration, the USPTO has concluded that the SAWS
program has only been marginally utilized and provides minimal
benefit," the agency said in a notice posted to its website on
Monday night.
The agency's review of the program, conducted in January, came after
attorneys Kate Gaudry and Thomas Franklin at law firm Kilpatrick
Townsend & Stockton revealed details of the program in December from
documents obtained through the Freedom of Information Act.
The documents showed many kinds of patent applications were being
flagged, with examples ranging from a suicide machine to race-based
diagnostics, as well as broad categories such as smartphones and
anything "pioneering."
"The program was hopelessly applied, over expansive ... and
unsalvageable," Franklin said on Tuesday. "To start talking about
patent quality in a real way is something we're looking forward to."
The attorneys said the program seemed geared to help the patent
office avoid embarrassment, but could cause significant delays and
refusals in issuing patents.
Neither patent applicants nor their lawyers were entitled to know
whether their applications had been flagged, they added.
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The USPTO told Reuters in December the program was not "secret" and
only included applications that "any person on the street" would
suggest needed a second look.
In its announcement canceling the program, the agency said only 0.04
percent of all applications were targeted. It declined further
comment.
(Reporting by Andrew Chung; Editing by Alexia Garamfalvi, Dan
Grebler and Andre Grenon)
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