Patent Law

I understand that technology and/or software included in patent applications may be subject to U.S. dual-use export controls, which are set out in the Export Administration Regulations (15 C.F.R. parts 730-774). 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). I affirm that I am not accessing or permitting access by others to technology or software in a manner that would violate or circumvent the Export Administration Regulations.

Upon checking the box next to the aforementioned statement (thereby activating the ?Authenticate? button to move forward in Private PAIR), the Secured Patent Application Information Retrieval system appears with an ?IMPORTANT? statement that reads as follows:

BIS Statement on Login Screen: Private PAIR users must check the checkbox indicating that they have read and accept the terms of the BOS (Bureau of Industry and Security) Statement on the Login Screen prior to authentication. See EAR (Export Administration Regulation section of FAQ for more info:
http://www.uspto.gov/ebc/efs_faq.htm

At the end of the FAQ page there is an EAR section providing answers to the following questions (answers hyperlinked for your convenience):

Why am I now required to certify that I am using the digital certificate for access to EFS-Web in a manner that doesn't violate or circumvent the EAR? (ANSWER)

I note that the answer to one of the questions provides a direct link to the U.S. Bureau of Industry and Security website (link below), itself having a number of links to various export control regulation information.

So ? what does it all really mean? As previously discussed in the DDIP blog (previous article link below), the USPTO has recently vocalized its position regarding compliance with the EAR and foreign filing licenses. By implementing this new authentication requirement, and as noted within the answer to one of the questions above, ?Access to such technology and/or software by any person located outside the U.S. or by a foreign national inside the U.S. constitutes an export that may require a license from the U.S.? This is one way the USPTO is regulating the sharing of patent information within the spirit of the EAR and the requirement of BIS licenses when appropriate.

Private PAIR Webpage: LINK
U.S. BIS Website: LINK
July 24, 2008 DDIP Article: LINK