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Comment by pseudolus | Hacker News Reader

Notwithstanding the antipathy towards patents on Hacker News, this is potentially problematic especially if the suspension extends to the actual filing of patents, which is primarily electronic. The US is now a first to file jurisdiction so if the USPTO does not actually accept applications then inventors will not be able to obtain a filing date and establish their priority over other applications - including those filed overseas in operating patent offices in countries that adhere to the Patent Cooperation Treaty.

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In case the "small staff" thing doesn't work out...

A patent agent I know recommended this in case the electronic filing system shuts down: Send in your filing via USPS Priority Mail Express with tracking, and retain all copies and receipts. According to him, the date you postmark the letter becomes your filing date. Also, this apparently does not apply to private shipping services like UPS and DHL.

Used to do this exclusively. Now it requires a $200+ fee.

Beats nothing, if you’re up against a deadline. Unregistered filing saved me last week.

Great to know. Thanks!

Hmm, wonder what would happen if USPS lose your application? Sure, you have the tracking number, but no way to prove what was sent.

Just send it again when you realize it was lost?

Not an expert, but I think the point of having the receipt of postmark gives you a paper trail that says you filed on that day. Whether or not it made it to the USPTO.

I assume this means you would have to ship from the post office directly or your tracking at least gets an update beyond "label created." Typically, the first tracking step I get is for my city's distribution center.

I'm just curious: is your patent agent friend still working?

Yes, I am currently working on a provisional with him. To be clear, he does not work for the USPTO. He helps companies file patents and has taken a test to prove that he is capable of doing so.

Yeah, I know someone exactly like this. I was asking because I was wondering if this person I know was still working during the shutdown, or if things had possibly gotten so backed up that they couldn't do any more work until the government re-opened and they were furloughed by their employer.

From the article:

"The agency said it would keep a “small staff” to receive new applications and filings, to receive payments and maintain the information technology infrastructure."

Something always slips between the cracks. A sensible solution, given that the USPTO is self-funding, would be, at the very least, for the Executive and Legislative branches to simply approve the spending for all agencies that are self-funding. To do otherwise is simply vindictive.

If the shutdown gets this far the court system backing this will already (at least civil to start) be shut down. This means that patent shakedowns can continue with no ability to defend yourself or obtain injunctive relief or challenge bad patents.

Presumably if the shutdown spreads to Federal courts it would affect both plaintiffs and defendants. The net effect would probably be neutral and perhaps even favour those who are the target of patent holders as any threat to file suit would be meaningless if the courts were prioritizing urgent matters such as criminal trials.

> especially if the suspension extends to the actual filing of patents,

This was addressed somewhat deeper into the article:

"The agency said it would keep a “small staff” to receive new applications and filings, to receive payments and maintain the information technology infrastructure."

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