DO YOU KNOW WHO’S LOOKING AT YOUR
CONFIDENTIAL INFORMATION WHEN YOU
PERFORM ONLINE PATENT SEARCHES?
Security, Confidentiality and Record Retention Policies of
Online Information Providers
Name Withheld By Author’s Request
IPSI 1999
————————————————————————
INTRODUCTION
As those in the field know, privacy and confidentiality are of critical importance when
dealing with intellectual property. Patents can be extremely valuable to their holders, and the
utmost care must be taken to ensure that they remain confidential until they are fully protected. I
thought it would be interesting to see how various information providers felt about this topic and
to see what steps they take to ensure that their user’s personal and search information remains
unknown to others. I was surprised to learn that although all the information providers
understand the need for confidentiality in this field, many online patent searches occur over a
non-secure Internet connection.
The information in this report came from a variety of sources. Web pages, service
agreements, e-mail to company representatives and telephone interviews were all used to compile
the information presented below. Future readers of this report should understand that company
policies are subject to change and should consider contacting the companies directly before
deciding to use any particular service when confidentiality is a concern.
QUESTEL-ORBIT
Questel-Orbit is one of the largest, most well known online information service
providers. For more than 20 years, they have provided intellectual property, scientific, technical,
chemical, business and news information. They have built a globally respected reputation by
staying at the cutting edge of information technology. Patent searches can be done via the web at
http://www.qweb.questel.orbit.com.
Questel-Orbit is committed to the complete confidentiality of all information stored on its
computers. In addition, no personal information is shared with nor sold to third parties. At log-
on, the user has the option of connecting to QWEB via a secure connection. If that option is
selected, all communications back and forth from that point on will be sent in completely
encrypted form and will be inaccessible to others. Questel-Orbit’s Subscription Agreement
states:
Questel-Orbit shall not divulge any information pertaining to the Customer
which may enable third parties, including vendors, directly or indirectly, to
acquire any knowledge of searches conducted by the Customer.
While speaking to a Questel-Orbit representative on the phone, I was assured that this
policy was strictly adhered to and nobody at Questel-Orbit has access to any of the searches a
user performs or saves on this service.
There are various ways a search is stored on the computers at Questel-Orbit. If you use
QWEB, all the searches and search results are saved on a mainframe. These searches are held
until bills are sent out each month. At that point, all the searches and results are erased. These
searches can be accessed only by inputting your valid User ID and password.
A user can also store a search on the mainframe, either temporarily or indefinitely, and
access it again whenever they wish. A temporarily saved search is called a Log-off Hold and will
be saved for 2 hours. A permanently saved search will be saved indefinitely until the user deletes
the saved search from the computer. Again, this information is accessible only by inputting your
valid User ID and password.
The final way to store a search is to create a SDI (Selective Dissemination of
Information). Once a SDI is created, the computer will automatically re-run the saved search and
send the results to the user periodically, either in paper form or electronically. This will continue
indefinitely until the user deletes the SDI from the computer.
In an appendix to the Questel-Orbit Contract, the following statements are found:
Questel-Orbit is anxious to provide the highest possible quality of service along
with complete confidentiality of the data stored in its computers.
In order to do this, Questel-Orbit has taken all the precautions customary in the
profession and in accordance with established practice to preserve the secrecy of
access codes given to the user. Questel-Orbit constantly maintains its effort
towards increasing security.
Since the only way to access any of the saved searches it by inputting your valid User ID
and password, as long as these two things are kept confidential by the user, there should be no
worries about third parties accessing searches that have been performed with Questel-Orbit.
DIALOGWEB
DialogWeb is another well known information service provider that allows users to
search the full contents of over 600 databases. As stated on their web page, “DialogWeb is a
powerful search tool that provides access to thousands of authoritative business, scientific,
intellectual property, and technical publications.” Patent searches can be performed in a wide
variety of databases at http://www.dialogweb.com.
As I found in many cases, the user has the option to choose to log-on via a secure site.
Once this option is selected, all communications back and forth are completely encrypted and are
inaccessible to third parties. The secure site can be accessed at https://www.dialogweb.com. If
you use this “https address”, you will NOT need to worry about security. The "s" in the address
invokes the SSL (secure socket layer) security protocol. Please note that the "http address" does
NOT offer a secure Internet connection. The following statement can be found on the DialogWeb
web page:
While we take as much care as possible to ensure that our data transmissions are
secure and confidential, we cannot guarantee security over the Internet other
than through the use of a security protocol such as SSL.
Depending upon how your site is configured, your in-house setup may not
support SSL. If this is the case at your site, and you are concerned about security,
you may want to contact your Systems or MIS department about adding
capability for SSL, which is the current standard for secure transactions over the
Internet.
While I found no express confidentiality or privacy clause in the DialogWeb Service
Agreement, I was assured by a DialogWeb representative that DialogWeb does respect the
privacy of all their customers’ personal information. DialogWeb does not sell nor make available
any personal information to third parties.
There are various ways a search can be saved on DialogWeb. Both Alert profiles and
SearchSaves are possible. SearchSaves allow a user to save files temporarily or permanently. All
saved searches are accessible only by inputting the valid User ID and password. Nobody at
DialogWeb has access to any searches performed by a user. Users should feel comfortable that
they are performing confidential patent searches on this service, so long as they use the “https”
address.
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
The USPTO offers free web-based access for any purpose to bibliographic and full-text
U.S. patent databases dating back to January 1, 1976. Patent searches can be performed at
http://www.uspto.gov.
The following statement can be found in the notices on the USPTO web page (last
modified 26 May 1999):
Please note that PTO does not record or log the parameters of search requests
submitted to these databases. Such uncollected information has thus never been
disclosed through sale or FOIA request, intentionally or otherwise, to any third
party. PTO does not plan to change this operational policy.
The following is the Privacy Statement found on the USPTO web site (last modified 13
March 1998):
The PTO web server collects and saves only the default information customarily
logged by World-Wide Web server software: specifically, for each http request
received: the date and time, the originating IP address, the object requested, and
the completion status of the request.
We analyze these logs monthly to determine the traffic through the server during
that month in hits, the number of pages served, and the level of demand for pages
of interest during each month. We may also analyze accesses to particular pages
to determine US versus non-US use; government agency versus private use; and
other statistics that may be of value to us in establishing priorities and allocating
resources in order to better accomplish our dissemination mission.
The logs may be preserved indefinitely and used at any time and in any way
necessary to prevent security breaches and to insure the integrity of the data on
our servers.
We don’t seek or collect any other data related to specific users of this server.
Email to the PTO and data explicitly submitted to PTO through the filling-out of
on-line forms (e.g., for the ordering of patent copies) is handled and saved
according to the policies of the specific offices to whom the information is
submitted.
The PTO policy concerning information collection and retention seemed to be completely
contradictory to me so I called the PTO to find out what their actual practice is. A PTO
representative informed me that the PTO does not keep any records of any searches performed on
their web site. The representative assured me that the PTO Privacy Statement was old and had
not been updated since March 13, 1998. She also added that the PTO understands and respects
the privacy of the searches conducted via this web site.
Users are not able to save any searches on this web site, so there is no concern about who
may gain unauthorized access to saved searches.
There is one last remaining concern I found with this service. When you enter the
USPTO web site you receive a Security Alert that says:
The connection you are about to use is not secure. Any information you
send could be used by others on the Web.
When I couldn’t find any way to get a secure connection, I called the PTO again. I was
told there was no way to perform searches on this site using a secure Internet connection.
Therefore, users should be aware of this and decide if it is worth the risk of using this service for
patent searches.
PATENTMINER
PatentMiner is a reasonably priced online patent search tool for intellectual property
professionals. Many things may even be performed free of charge. Full text US patents can be
searched back to 1970 and US patent images can be obtained for any patent back to 1790.
PatentMiner is provided by Manning & Napier Information Services (MNIS) and can be accessed
at http://www.patentminer.com. Upon entering the PatentMiner web site, users are automatically
routed to a secure connection at https://www.patentminer.com.
The following statement can be found on PatentMiner’s web page:
PatentMiner registration information and all PatentMiner Search requests are
sent securely with the Netscape Commerce Server's Secure Sockets Layer (SSL)
protocol.
PatentMiner does not disseminate any personal information about their users. Their
Privacy Statement is:
By clicking the “I Agree/I Accept” button, you also are agreeing that MNIS may
store the information you provided as part of the registration process. No one
other than MNIS will receive specific personal identifying information about you.
MNIS may use the information to inform you about products and services of
MNIS unless you notify MNIS that you do not wish to receive this type of
information.
Searches performed here are stored temporarily on a server just long enough to process a
search request. The information is available only to a select few developers and administrators at
PatentMiner. All personal and search information is considered customer confidential and is not
used for any other purpose. There is no way for users to save searches on this service. Users
should feel comfortable that they are performing a confidential search when they use this service.
IBM INTELLECTUAL PROPERTY NETWORK
IBM provides a variety of intellectual property and related information from 1971-
present on this site which can be found at http://www.patents.ibm.com. A secure Internet
connection is also available at https://www.patents.ibm.com. I have heard numerous people
express concern over the policies and practices in effect for this site.
In the Condition of Use, the following statement appears:
The communication between IBM and users of the IBM Intellectual Property
Network site are not of a confidential nature. Therefore, any communications
that you wish to remain confidential, whether they are Guestbook entries, email,
or any other communications, should not be communicated through the IBM
Intellectual Property Network.
There are also several statements is the Privacy Statement, including:
IBM also has an interest in selling our solutions to small and large businesses,
corporations, patent offices, and other agencies. IBM does not attempt to
determine the usage patterns of any individual, business, or other entity.
Searching: We have architected the system to provide anonymity for all
searches. The search function has been moved to separate “search servers.”
These search servers never directly communicate with the user’s web browser,
and neither the IP address nor any other user information is passed to them. The
search queries are never correlated to a specific IP address or user.
Network Address and Logging: We use your IP address to help diagnose
problems with our server. Your IP address is also used to gather broad
demographic information. For corporate users, we use your IP address as an
aid to present appropriate welcome messages. We maintain user log information
long enough to generate a valid invoice or charge for chargeable services. All
log files are then routinely destroyed or the IP address information is removed.
Private Network: Our web site has been architected for your privacy and
security. We follow stringent procedures to protect our servers from attack, and
use encryption techniques to protect potentially sensitive data.
User Information: You personal user information is never used for any purpose
other than billing and order tracking unless you specifically allow us to do so on
the page where you supplied the information.
What does all this mean? Your personal information (name, address, phone number, etc.) will be
deemed confidential unless you expressly change that status.
The Registered User Agreements contain the following statements:
Although IBM will gather information on whether You have accessed patents or
articles for billing purposes using the Services, IBM agrees not to retain records
disclosing which patents or articles You have accessed beyond that which is
required to generate a valid invoice.
To protect Your privacy, IBM does not maintain specific records of information
You purchase beyond that which is required to generate a valid invoice. IBM
will provide a transaction summary without identifying the specifics of each
transaction and the information purchased.
Furthermore, IBM’s Privacy Statement as found on TRUSTe contains the following
statements:
We know you are concerned about your privacy; so is IBM. If you provide IBM
with information about yourself, such as name, postal address, e-mail address, or
other personal data, we may add it to our records. From time to time you may
receive information about our products, services, activities, or contacts for other
business purposes, unless you request otherwise by selecting the appropriate
button on the data collection page.
We do keep track of the domains from which people visit us. We analyze this
data for trends and statistics, and then we discard it.
I repeatedly attempted to contact someone at IBM to get further clarification of their
policies, but those attempts were unsuccessful. All of my calls were automatically routed to
voice mail and I was not able to speak with anyone. I would therefore suggest that users obtain
more information before using this site for any confidential patent searching.
MICROPATENT
MicroPatent is a global leader in the production and distribution of patent and trademark
information and is a subsidiary of Information Holdings (IHI – NYSE). They deliver
comprehensive, easy-to-use, and cost-effective intellectual property searching systems. Users get
convenient access to high-quality IP information 24 hours a day, 7 days a week in a secure,
confidential and stable research environment. Patent searching may be done at
http://www.micropat.com.
MicroPatent adheres to a strict confidentiality policy. The Web User Registration form
contains the following statement concerning the collection of your personal information:
The following information is required and will be kept confidential by
MicroPatent.
MicroPatent’s Service Agreement also stresses the importance of their user’s privacy by
stating:
MicroPatent considers all communications confidential. Customer information,
search requests, and search results are not shared with any third parties.
Users of MicroPatent have the option of saving their searches for later use. This
information is deemed confidential and is accessible only to select UNIX programmers at
MicroPatent who are aware of the confidential nature of this information. The information
remains saved until the user deletes their saved search.
MicroPatent’s general information section indicates that your personal and credit card
information is sent via a secure server when you register to use their services. However, when I
contacted MicroPatent, I was informed that searches do not occur over secure servers. They did
assure me that they had run several tests to try to intercept such information as it was sent over
the Internet. They told me it was very difficult to interpret this intercepted information and
therefore it was not very likely to occur. While it may be very difficult for others to obtain your
confidential search information in this way, it is still a possibility. Therefore, users should decide
for themselves if they can assume the risk of using this service.
OPTIPAT
Optipat provides US patent and trademark information products and services, including
patent file histories. They also have a specially trained research team that can provide users with
industry-renowned search, certification and "watch" services, at competitive prices. Optipat is
currently merging with MicroPatent to form one of the largest IP resources in the world.
Together, they provide access to over 30 million patent documents of the world. Optipat can be
found on the web at http://www.optipat.com.
Optipat understands and appreciates their user’s needs for confidentiality. Their Security
and Confidentiality Statement is:
At Optipat, we know the importance of confidentiality in the intellectual property
industry. All information, including your account information, ordering
information, phone conversations, facsimile messages and letters are kept in the
strictest confidence. Our employees are trained in these matters.
Users cannot save their searches on-line. However, users can request that Optipat send
them their search results on CD-ROM. That is the only way searches can be preserved by
Optipat.
Searches performed with Optipat are not performed via a secure Internet connection. In
fact, Optipat maintains no secure Internet connections. Therefore, even a user’s registration
information must be sent via phone or fax. Once again, users should decide for themselves if
using a non-secure Internet connection is a viable option for conducting their patent search.
CORPORATE INTELLIGENCE
Corporate Intelligence is a privately owned, debt free company that provides users with
quality intellectual property information at low prices. PatIntelligence 5 may be used to search,
view and print patents using true full-text searching. The web page boasts that “PatIntelligence is
"The World's Largest US Patent Database." No other single database--not even the US patent
Office's--is as complete.” US patents that have been issued since 1790 may be accessed and
searched via this site. Corporate Intelligence obtains all their data directly from official sources,
not from information brokers. This site may be found on the web at http://www.1790.com.
Searches performed on this service are not performed over a secure Internet connection.
All information and searches are considered strictly confidential and will not be given nor sold to
any third parties. Users have the option of saving searches locally with this service. Users may
also create an IWATCH file which will be run periodically and the results will be forwarded to
the users automatically. This information is accessible only by inputting the valid user ID and
password. Users should decide for themselves if using a non-secure Internet connection will pose
any threat to them before they use this service for patent searching.
LEXIS-NEXIS
Lexis-Nexis is a well known and well respected information provider for various types of
information. They have long been a comprehensive source for patent searching. Their
information includes international patents, U.S. cases, U.S. PTO and other federal agency
decisions, scientific and technical journals, and treatises. Lexis can be found on the web at
http://www.lexis.com.
Lexis is committed to providing secure access to their services in an effort to protect the
confidentiality of a user’s search. When logging on, users have the option of logging on via a
secure connection. Choosing that option ensures that all communications after that point will be
protected by encryption.
Lexis recognizes the value of privacy and the following statements are contained in
Lexis’ Privacy Statement:
Lexis-Nexis and its employees adhere to the highest ethical standards in
providing outstanding service to its customers while respecting individual’s
privacy with regard to personally identifiable information contained in its
information products.
The self-regulatory policies and procedures adopted by Lexis-Nexis...include
removing non-essential, personally identifiable data from information products
and services, working with information suppliers to ensure the accuracy and
completeness of information received, removing the records of individuals under
the age of eighteen from locator service products, and monitoring and updating
our internal Lexis-Nexis Information Guidelines as needed.
Users’ searches are automatically saved by Lexis until 2:00 am EST each morning, at
which point they are erased. Users can retrieve these saved searches prior to 2:00am EST by
clicking on the History button. Another option users have is to save a search as an Eclipse
profile. This is similar to an SDI and can be updated automatically at designated periods of time.
The Eclipse profiles will be saved until the user deletes the profile from Eclipse. The only way to
access either of these saved searches is by inputting the valid user ID and password. Users can
rely on the fact that patent searches conducted with Lexis-Nexis are completely confidential.
WESTLAW
Westlaw is the self-proclaimed “preeminent provider of information to the U.S. legal
market.” Patent searches can be performed with them on the web at http://lawschool.westlaw.com.
As one would expect, users have the option of connecting to Westlaw via a secure connection at
log-on.
Westlaw’s Privacy Statement contains several reassuring statements including:
We believe that everyone benefits from the free flow of information, and we
pledge to use information about our customers responsibly.
Our servers collect information regarding customer interests and preferences.
The information is used only to design, customize and offer new products that are
of interest to our customers. No information collected is shared with third
parties, now do we sell customer lists to third parties.
West Group will protect information, including transaction information, with the
same regard as any other communication or transaction with us. We will
continue to be responsive to the recommendations and suggestions of various
privacy organizations and interest groups.
West Group’s Commitment to Privacy also states:
When you browse westgroup.com, you do so anonymously. West Group does not
collect personally identifying information about you.
If you decide to purchase a product online, we will collect only the information
necessary for authentication and billing purposes.
West Group may provide summary statistics about our customers interests and
preferences, products sold, traffic patterns and related site information to a
reputable third party. These statistics do not include personally identifying
information; they are used only to enhance the design of our Web site and
customize new product offerings to our customers.
West Group does not save any searches, but there is a feature incorporated into the
software that gives the user the ability to save a search locally. Users should feel comfortable that
they are performing a confidential patent search if they decide to use Westlaw for their searching.