How should USPTO employees verify the identity of email senders in patent communications?
USPTO employees are required to verify the identity of email senders in patent communications to prevent misrepresentation or spoofing. According to MPEP 502.03:
‘Email must be initiated by a registered practitioner, or an applicant in a pro se application, and sufficient information must be provided to show representative capacity in compliance with 37 CFR 1.34.’
The MPEP provides examples of information that can be used for verification:
- Attorney registration number
- Attorney docket number
- Patent application number
Additionally, the MPEP advises:
‘Similar to the policy set forth in MPEP 100 for handling telephone calls, when responding to an email, no information should be disclosed until the identity of the requester can be adequately verified.’
Examiners are instructed to verify the identity by checking Patent Data Portal or the application file, such as confirming the email address previously provided in Patent Data Portal or the application.
To learn more: