The SAWS program was created to provide advance warning to USPTO management regarding U.S. patent applications that would potentially generate negative publicity or would otherwise embarrass the USPTO management if issued. The SAWS program appears to have developed into a mechanism for the USPTO to delay or even avoid the issuance of a bona fide U.S. patent application. The secret nature of the program and the vague and expansive criteria for flagging patent applications into the program lacked legal or technical merit.
Huntington’s FOIA Requests and his FOIA litigation include detailed material on SAWS in his multiple exhibits. Sample documents from D.C. District Court Case 1:15-cv-02249-JEB. Additional documents from this case will be uploaded soon.
May 12, 2016. Document production under the FOIA showing USPTO’s identified pro se Art Unit 3649 as a target for flagging applications under SAWS. FOIA Request F-15-00107.
The Board of Appeals Standard Operating Procedures produced under the FOIA contains a section on SAWS which expressly requires “paying particular attention to the special [SAWS] issues raised by the TC.” [BPAI-SOP-8 (2008)].
USPTO answer to Senator Jerry Moran (R. KS) letter on SAWS. [September 5, 2014]
August 24, 2016. Huntington’s Motion for Partial Summary Judgment. This file includes numerous exhibits at the end, which contain SAWS guidance documents, email exchanges, and SAWS process flow charts. [Doc.-11]
October 11, 2016. USPTO (Heaton) Declaration. [Doc.-14-4]
November 18, 2016. Huntington’s Opposition to USPTO Motion for Summary Judgment. [Doc.-15]
January 4, 2017. USPTO (Heaton) Supplemental Declaration. [Doc.-18-1]
January 18, 2017. Memorandum Order of the Court. [Doc.-20]