By Andrew Chung
(Reuters) - A little known but controversial program that flagged sensitive patent applications involving potentially touchy subjects such as AIDS vaccines and abortion devices has been scrapped by the United States Patent and Trademark Office.
The program, called the Sensitive Application Warning System, began in 1994 and was meant to notify the agency's leadership of applications that could generate extensive or unfavorable publicity.
"Upon careful consideration, the USPTO has concluded that the SAWS program has only been marginally utilized and provides minimal benefit," the agency said in a notice posted to its website on Monday night.
The agency's review of the program, conducted in January, came after attorneys Kate Gaudry and Thomas Franklin at law firm Kilpatrick Townsend & Stockton revealed details of the program in December from documents obtained through the Freedom of Information Act.
The documents showed many kinds of patent applications were being flagged, with examples ranging from a suicide machine to race-based diagnostics, as well as broad categories such as smartphones and anything "pioneering."
"The program was hopelessly applied, over expansive ... and unsalvageable," Franklin said on Tuesday. "To start talking about patent quality in a real way is something we're looking forward to."
The attorneys said the program seemed geared to help the patent office avoid embarrassment, but could cause significant delays and refusals in issuing patents.
Neither patent applicants nor their lawyers were entitled to know whether their applications had been flagged, they added.
The USPTO told Reuters in December the program was not "secret" and only included applications that "any person on the street" would suggest needed a second look.
In its announcement canceling the program, the agency said only 0.04 percent of all applications were targeted. It declined further comment.