What are the risks of using unsecured email for USPTO communications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Using unsecured email for USPTO communications poses several risks: Confidentiality breaches: Sensitive information could be intercepted by unauthorized parties. Legal issues: Transmitting confidential information without proper security measures may violate patent laws and regulations. Loss of patent rights: Inadvertent public disclosure through unsecured email could jeopardize patent rights. Rejection of communications: The USPTO may not accept or acknowledge communications sent through unsecured channels. MPEP 502.03 warns: “Internet e-mail shall NOT be used to conduct an exchange or communications similar to those exchanged during telephone or personal interviews unless a written authorization has been given.” This emphasizes the importance of using secure, authorized channels for all USPTO communications. To mitigate these risks, always use the USPTO’s secure email system or the Electronic Filing System (EFS-Web) for official communications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Authorization for USPTO Communication via Video Conferencing, Instant Messaging, or Email Withdrawn MPEP 502.03 Written Authorization Must Be Submitted Via USPTO System, Mail, Or Fax MPEP 502.03 Prohibited Internet Email Must Have Written Authorization MPEP 502.03 Prohibited Email Communication Allowed With Written Authorization MPEP 502.03 Permitted Written Authorization Cannot Be Filed via Email MPEP 502.03 Prohibited Replies to Office Actions Must Be Filed Electronically MPEP 502.03 Prohibited Identification of Previously Filed Patent Application MPEP 502 Required Copy of Communications Must Be Recorded in Application File MPEP 502.03 Withdrawal of Written Authorization...