Certificate Action Form (including Subscriber Agreement)

United States Patent and Trademark Office Public Key Infrastructure Subscriber
Agreement
I request that the United States Patent and Trademark Office (USPTO) issue me a set of public
key certificates (a digital signing certificate and a confidentiality certificate)1 in accordance with
conditions stated herein. I have read and signed the Certificate Action Form [PTO Form-2042]
requesting issuance of public key certificates to me for doing business with the USPTO.
I agree that my use and reliance on the USPTO public key certificates is subject to the terms and
conditions set out below. By signing the Certificate Action Form [PTO Form-2042] I agree to the
terms of this Subscriber Agreement and to the rules and policies of the USPTO.
1. Identification Information
a) I warrant that the information I submit, as corrected or updated by me periodically, is true
and complete.
b) If any of the information contained in the Certificate Action Form [PTO Form-2042]
changes, I agree to update my information within 10 working days via written
communication sent to Mail Stop EBC, Commissioner for Patents PO Box 1450,
Alexandria, VA 22313-1450. This includes loss of right to access a given customer
number.
2. Protection of Keys1
The USPTO will not have a copy of my private key corresponding to the public key
contained in the digital signing certificate. I understand that the password I establish in the
client software is my responsibility and that he password is unknown to the USPTO. Further,
there is no mechanism for the USPTO to find the password. In the event of a lost password,
as in the event of the loss of my private key(s), the USPTO can, at my request, recover only
the private key corresponding to the public key contained in the confidentiality certificate
and authorize the generation of a new digital signing public/private key pair.
a) I agree to keep all password and private key(s) confidential, and to take all reasonable
measures to prevent the loss, unauthorized disclosure, modification or use of any
password(s), and private key(s). I agree that I will be responsible for these items and that
no unauthorized person will have access to them.
b) I agree and acknowledge that, when the USPTO issues me the information permitting me
to generate a certificate, the USPTO will keep a copy of my private key corresponding to
1

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 USPTO 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 USPTO Certificate Authority and sent via a secure channel to the subscriber. The USPTO
Certificate Authority 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.

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the public key of my confidentiality certificate, and the USPTO will not disclose this key
except with my consent, or where required by law.
c) I agree to promptly notify the USPTO if my password(s) or private key(s) are lost,
compromised or rendered insecure, or if the information contained in my certificate
request, including address, e-mail address, or telephone number, has changed, or becomes
otherwise incorrect or incomplete.
3. Acceptable Use or Reliance/Designation of Supervised Employee
I will use my USPTO certificates only for electronic communication with the USPTO (e.g.,
Patent Application Information Retrieval (PAIR) status inquiry, electronic filing, etc.). I will
use or rely on USPTO certificates only for securing communication with the USPTO, and
will not encourage or permit anyone other than the USPTO to rely on them.
I may designate an employee who may use my USPTO certificates at my direction. The
designated employee may, acting at my direction and under my control file, a patent
application or follow-on papers. The employee will use or rely on granted USPTO
certificates only for communication with the USPTO and will not encourage or permit
anyone other than the USPTO to rely on them. I understand that I am responsible for the
employee’s use of the USPTO certificates. I agree not to use or permit the use of my USPTO
certificate in connection with the unauthorized practice of law. If I have been granted limited
recognition by the Office, I agree not to use the digital certificate beyond the limits of the
rights I have been granted.
I understand that my USPTO certificate will be used to access records and systems on a U.S.
Government computer system and that unauthorized use or use beyond the purpose
authorized may subject me to criminal penalties under U.S. Law.
4. Revocation of Certificates
a) The USPTO may revoke my certificate(s) at any time without prior notice if:
i. any of the information I supply in my certificate(s) request changes;
ii. the USPTO knows or suspects that my private key(s) has/have been compromised
iii. the private key(s) of the issuing USPTO Certificate Authority has/have been
compromised;
iv. the signing certificate of the issuing USPTO Certificate Authority is revoked;
v. I fail to comply with my obligations under this Agreement; or
vi. for any other reason the USPTO deems necessary.

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The USPTO will promptly notify me of the revocation. Such revocation does not affect the
authenticity of a transmission made or a message I digitally signed before certificate
revocation.
b) I may surrender my certificate(s) at anytime by written submission to the USPTO at:
Certificate Services Request
U.S. Patent and Trademark Office
Mail Stop EBC
PO Box 1450
Alexandria, VA 22313-1450
5. Software use
I agree to honor any applicable copyright, patent, or license agreements with respect to any
software provided to me by the USPTO, and will not tamper with, alter, destroy, modify,
reverse engineer, or decompile such software in any way. I agree not to use the software for
any purpose other than communication with the USPTO.

6. Restrictions on the Export (Including Deemed Export) of Technology and Software
Included in Patent Applications
I understand that technology and software included in unpublished patent applications may
be subject to export controls set out in the Export Administration Regulations (15 C.F.R.
parts 730-774). Access to such technology and software by any person located outside the
United States or by a foreign national inside the United States constitutes an export that may
require a license from the U.S. Commerce Department’s Bureau of Industry and Security
(‘BIS”). I agree not to use or permit the use of the USPTO certificate in a manner that would
violate or circumvent the Export Administration Regulations.
Information regarding U.S. export controls and their application to technology and software
included in patent applications is available from BIS. Please see BIS’s website, available at
www.bis.doc.gov, or contact BIS’s Office of Exporter Services at 202-482-4811.
7. Software Export Restrictions
Cryptographic Software Notice and Acknowledgement
Notice:
The USPTO Direct software includes cryptographic software subject to export controls
under the Export Administration Regulations and anyone receiving the software by
download or otherwise may not export the software without a license.

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Acknowledgement:
I understand that the cryptographic software I receive or download is subject to export
controls under the Export Administration Regulations and that I may not export the
software without a license.
References to the Export Administration Regulations are references to 15 CFR chapter
VII, subchapter C. They are issued by the United States Department of Commerce,
Bureau of Industry and Security (BIS) under laws relating to the control of certain
exports, reexports, and activities.
By downloading, installing or using the USPTO supplied Software I am representing and
warranting that I am not located in, under the control of, or a national or resident of any
country to which the export of the Software or related information would be prohibited
by the laws of the United States. At this time these countries include Cuba, Iran, Libya,
North Korea, and Syria. This list reflecting the information in the Export Administration
Regulations Supplement No. 1 to Part 740S page 7 and the other export control
notifications administered by the Department of the Treasury will be periodically updated
on the EBC website.
8. Availability
I understand that the USPTO does not warrant or represent 100% availability of the USPTO
Public Key Infrastructure services due to system maintenance, repair, or events outside the
control of the USPTO. Information regarding scheduled downtime, if known, will appear on
the USPTO Electronic Business Center web site. Any delays caused by downtime must be
addressed through the ordinary petition process.
9. Term of Agreement
This Agreement may be terminated by either party upon proper notice. In the case of a
termination by the USPTO, notice may provided by any reasonable means, including a
posting on the USPTO website.
10. General
If any provision of this Agreement is declared by a court to be invalid, illegal, or
unenforceable, all other provisions shall remain in full force and effect.
The USPTO reserves the right to refuse to issue certificates. The USPTO reserves the right to
cancel this program at any time. Modifications to this agreement will be posted on the
USPTO website at www.uspto.gov/ebc/efs. Continued use of the system after posting will
constitute agreement to the updated terms.

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11. Requests
Requests for issuance of certificates, revocation of certificates or key recovery shall be sent
to the USPTO Registration Authority at:
Certificate Services Request
U.S. Patent and Trademark Office
Mail Stop EBC
PO Box 1450
Alexandria, VA 22313-1450
12. Dispute Resolution and Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
United States of America.

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