Patent Mystery: The Strange Case of 3,060,165

The recent discussion on the Intellogist blog about missing patent documents in the USPTO patent database reminded me of the curious case of patent no. 3,060,165. The full-text TIFF image of this patent was removed from the USPTO database sometime in 2003. The exact date of and reason for its disappearance are not readily available, but here is what is known:

Our story begins in 1962 when a team of scientists working for the U.S. Army received a patent for a method of producing ricin, a deadly poison made from ordinary castor beans. Why the military would want to patent such a thing is beyond me. Why they would allow it to be disclosed to the world in a patent document is equally mystifying. Maybe they wanted to strike a cross-licensing deal with the Soviets.

Ricin has been implicated in at least one political assassination, the 1978 murder in London of Bulgarian dissident Georgi Markov by communist agents, and, more recently, terrorist attacks in Washington, DC. In February 2004, a small amount of ricin was found in the mailroom of the Dirksen Senate Office Building. Luckily, no one was injured, but several buildings on Capitol Hill were closed for about a week. (New York Times, Feb. 4, 2004) But our patent had disappeared long before ricin was discovered in the Senate mail.

For forty years patent 3,060,165 resided in happy obscurity in the search files of the USPTO. It attracted little attention, being cited in only two other patents. Its debut on the web probably occurred in October 2000 when the USPTO completed loading all patent documents into the PatFT database. Things changed suddenly in February 2003 when television station WABC of NYC aired a sensationalist report that chided the USPTO for allowing the public to have access to a "recipe for a bio-terror weapon more deadly than cyanide". Apparently, this caught the attention of several prominent politicians from New York who started asking questions. The patent quietly vanished from the USPTO website.

Security experts were quick to debunk the idea that the patent was a threat to the public safety. (GlobalSecurity.org, July 24, 2004) In fact, its removal from the USPTO database was completely ineffective because copies remained available in other open patent databases such as Google Patents and the German Patent Office's Depatisnet system. In addition, dozens of libraries in the USPTO's patent depository library network probably have copies on microfilm.

The patent was never connected to the 2004 Capitol Hill incident, but it did surface later that year in a bizarre extortion case involving a Maryland man, Myron Tereshchukin. In March 2004, FBI agents raided Tereshchukin's home and found, among other dangerous substances, ingredients for making ricin and a copy of the notorious patent. The FBI had been investigating Tereshchukin for making threats against MicroPatent, a patent information company that is now owned by Thomson Reuters. (New York Times, Aug. 7, 2005) In Sept. 2005, Tereshchukin pled guilty to possession of a biological weapon and possession of explosives and was sentenced to seven years, plus three years probation. (FBI, WMD Cases)

I think it's about time for the USPTO to acknowledge that this patent is not a threat and make it available again for public inspection.

USPTO Issues 68 New Secrecy Orders in 2008

A blog posting at the New Scientist magazine claims that the USPTO issued secrecy orders on 68 new patent applications and rescinded 47 older orders in the year ending Sept. 30. A total of 5,023 secrecy orders are still in effect. The USPTO reports the number of secret cases in condition for allowance in its annual report, which is usually released in November. The annual report for 2006-2007 states that there were 3,081 such cases as of Sept. 2007.

Patenting the Atomic Bomb

Many thanks to Danianne Mizzy of the University of Pennsylvania for sharing this NPR story on the role of patents in the development of the atomic bomb in the 1940s.

Many of the scientists (and their universities) involved in the Manahattan Project, including Edward Teller, Enrico Fermi, Leo Szilard, Ernest O. Lawrence and John Von Neumann, were keen to obtain patents for their work because they believed that atomic energy would become a lucrative commericial opportunity. Some scientists predicted that atomic energy would be used for hundreds of applications ranging from generating electricity and powering ships and airplanes, to massive demolition charges for mining and construction.

The U.S. government, concerned that atomic technology would fall into the wrong hands, quickly took steps to block these aspirations. In 1946 Congress enacted legislation prohibiting the patenting of atomic weapons. Shortly thereafter it passed invention secrecy laws that required the Patent Office to issue secrecy orders on all applications for sensitive technology, atomic or otherwise, that could impact national security. These applications are kept secret until the government decides that the information they contain no longer poses a danger.

One of the patents (#6,761,862) profiled in the NPR story was issued sixty years after it was filed. Two of the longest pending applications were issued in 2000 (patent #s 6,097,812 and 6,130,946) to William Friedman. Friedman was a cryptographer who worked for the Army and National Security Administration from the 1920s to the 1950s. In the early 1930s he filed patent applications for electro-mechanical cipher machines for encoding and decoding secret messages.

According to the Federation of American Scientists, there are currently 5,002 secrecy orders in effect. In FY 2007 the USPTO imposed 128 new orders and rescinded 68. According to the USPTO, more than 3,000 of these secret cases have been approved for allowance.