If you already have a customer number, or if you obtain one in order to use the EFS software (see Filing Patent Applications via the Internet - It's Just Around the Corner, So You Might As Well Start Preparing For It Now, in this Newsletter), you should also be aware that your customer number can be used to access the Patent Application Information Retrieval (or "PAIR") system.

Launched at the end of 1999, the PAIR system makes it possible for patent applicants, and their designated agents or attorneys, to securely obtain up-to-the-minute information on their pending or abandoned patent applications. Examples of information available from PAIR include: (a) whether a filing date has been recorded; (b) current status of the application; (c) the examiner's name and examiner contact information; (d) the prosecution history; and other helpful information.

As with the Electronic Filing System, the first step in being able to take advantage of PAIR is to obtain a customer number. Only those applications which are associated with a particular applicant's or agent/attorney's customer number can be accessed using PAIR. If you already have a Customer Number, or once you receive your Customer Number, it must be associated with all of your currently-pending (or abandoned) patent applications. This information must be sent on a diskette to the PTO in a spreadsheet format (instructions and forms for accomplishing this are available from the PTO, which has instructed interested persons to contact Terry Downey at 703-308-6845 for forms, answers to questions, and any other information regarding PAIR). Make sure that any new applications you file with the PTO include your Customer Number, in order for you to be able to access information about them with PAIR.

The next step is for you to complete a Certificate Action Form (also referred to as the PAIR access form), which must be mailed to Box EBC, Washington, DC 20231 (it cannot be faxed, and the PTO will not accept a copy). See the PTO Electronic Business Center web site at http://www.uspto.gov/ebc/index.html for the form and instructions. The Certificate Action Form is essentially a request to the PTO to issue you a set of public key certificates (a digital signing certificate and a confidentiality certificate). The USPTO Certification Authority (or "PTO CA") issues User Certificates, which are digital signature certificates that bind identity and other information to an electronic key used to encrypt and sign digital information. By issuing a certificate, the CA confirms the accuracy of the certificate information. Each user's certificate is unique, meaning that no other certificate, from whatever source, may be used as a substitute.

Each public key certificate includes the public key of a public/private key pair. The digital signing key pair is generated by the subscriber's personal computer via software provided by the PTO and the public key becomes part of the digital signing certificate. Only the subscriber holds the private key corresponding to the public key contained in the digital signing certificate. Both the public and private keys of the confidentiality certificate will be generated by the PTO CA and sent via a secure channel to the subscriber. The PTO CA will hold a copy of the subscriber's private key corresponding to the public key contained in the confidentiality certificate in order to provide key recovery capability.

Once your Certificate Action Form has been approved and your original signature has been verified, you will receive two codes, a Reference Number via e-mail, and an Authentication Code that will be given to you over the phone. These two codes are required during the installation process.

You will then need to download software from the PTO's web site. In order to address the confidentiality concerns associated with making sensitive information available over the Internet, the PTO requires users of the PAIR system to download Public Key Infrastructure (or "PKI") software on their computers in order to access pending and abandoned application information. Functions of the PKI software include encryption and a digital signature, in order to ensure the confidentiality and integrity of the application data. The PTO provides the PKI software free-of-charge to approved users of PAIR. Without the PKI software, you will not be able to access any information regarding pending and abandoned applications.

Once you have received your codes and the PKI software has been installed correctly, you will have direct secure access to real-time patent application information. If you want a sneak preview of the PAIR system, go to the PTO's EBC (at the address previously given above), and select the PAIR button. Enter any patent number to see for yourself the information that can be readily accessed via the Internet. There is also general information available on the PAIR system, answers to frequently asked questions, and instructions on how to request PAIR access.

Now instead of playing phone tag with an Examiner, you can get an up-to-date status report on your pending applications via PAIR. As with the EFS, your clients are likely to expect you to have this tool at your fingertips.