Remove Secrecy from Patents

Liberty
11

SAWS, which stands for Sensitive Application Warning System, was a program used by the United States Patent and Trademark Office (USPTO). It was not an official “patent policy” in the sense of setting rules for what could be patented, but rather an internal procedure for handling and disapproving certain patent applications.

Here’s a breakdown of SAWS:

  • Purpose: SAWS was designed to flag patent applications that were considered “sensitive” due to their potential for high publicity, significant impact on the patent community, or controversial subject matter. This allowed for additional review and scrutiny of these applications.
  • Criteria: The criteria for SAWS designation were broad and somewhat subjective. They included inventions that:
    • Could generate unwanted media coverage.
    • Disclosed seemingly frivolous or silly subject matter.
    • Had claims of broad or pioneering scope.
    • Claimed to prevent or cure previously incurable diseases.
    • Claimed to harness zero point energy.
    • Claimed to harness energy from the ether.
    • Over unity devices.
    • Perpetual motion devices.
    • Pyramid energy.
    • Electroculture/Electrogardening systems.
    • Orgone energy systems.
    • Cold fusion.
  • Process: When an examiner identified a potentially sensitive application, it was referred to a Point of Contact (POC) for review. If the POC agreed, a report was sent to Technology Center Directors, who made the final decision on SAWS designation. SAWS-marked applications underwent additional review by multiple parties, which could significantly delay the patent process.
  • Criticism: SAWS was criticized for its lack of transparency and the potential for subjective bias in its application. Critics argued that it could stifle innovation by delaying or discouraging patents on potentially groundbreaking technologies.
  • Discontinuation: The USPTO officially discontinued the SAWS program in the early 2010s. However, the USPTO still has internal procedures for reviewing applications that raise sensitive issues or require additional scrutiny.

In summary, SAWS was an internal USPTO program for flagging and reviewing potentially sensitive patent applications. It was not a formal patent policy but rather an internal procedure that has since been discontinued. While SAWS is no longer in use, the USPTO continues to have mechanisms in place to ensure the quality and validity of issued patents, especially those that may be considered controversial or of significant public interest.

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