Posts in Government

The United States Patent and Trademark Office (USPTO) today announced that it will open the current Patent Law School Clinic Certification Pilot Program to admit 10 additional schools for the upcoming fall 2012 academic year. This pilot program allows law students to practice patent law before the agency under the guidance of a law school faculty clinic supervisor. Submissions from interested law schools will be accepted through Friday, June 1, 2012.

The U.S. Department of Commerce’s Patent and Trademark Office (USPTO) and National Institute of Standards and Technology (NIST) Manufacturing Extension Partnership (MEP) yesterday unveiled a new web-based IP Awareness Assessment Tool designed to help manufacturers, small businesses, entrepreneurs and independent inventors easily assess their knowledge of intellectual property (IP).

You may have heard, but the USPTO is hiring. Not only is the USPTO searching for Administrative Patent Judges, but they are finding some extremely well qualified candidates to add to the ranks of those already serving. With the permission of each of the new APJs, and the cooperation of James Smith, Chief Administrative Patent Judge, it is with pleasure that share the bios the newest APJs, each pictured with Rebecca Blank, Deputy Secretary of Commerce.

The United States Patent and Trademark Office (USPTO) will host the 2012 National Trademark Expo on Friday, Oct. 19, and Saturday, Oct. 20, at the USPTO’s headquarters in Alexandria, Virginia. The free two-day event is designed to educate the public about trademarks and their importance in the global marketplace. Last year’s Trademark Expo attracted more than 15,000 visitors of all ages.

The USPTO has returned to the historical philosophy that patent examiners should work cooperatively with patent applicants to identify allowable subject matter and issue patents on what is allowable, not just focusing on rejection after rejection after rejection. While there are quite a few positive changes, with more in the works, Track One is by far the most successful policy initiative that has come to bear during the Kappos Administration. The only problem with Track One is that more applicants are not using it! What are you waiting for? A look at the numbers shows that Track One is a huge success and ought to be employed far more than it has been.

The United States Patent and Trademark Office (USPTO) and the Association of University Technology Managers (AUTM) announced on Friday, March 15, 2012, the launch of the USPTO/AUTM Patent Examiners Training Initiative, a joint program designed to improve the strength and quality of U.S. patents through specialized training between patent examiners, innovators and scientists.

The telework program affords employees the ability to work from home from 1 to 5 days a week, and the largest of these telework programs — the Patent Hoteling Program (PHP) — had 2,600 patent examiners participating at the end of fiscal year 2011. With so many patent examiners working from home does the “brain drain” affect the learning curve of new patent examiners who have fewer people around to help and mentor. The Inspector General’s report does not address the issue of “brain drain,” but does quite clearly demonstrate that those examiners that work from home are more productive than examiners who report to work on campus at the USPTO.

Later in the month in Shreveport, Louisiana, the USPTO will hold its 2nd Annual Women’s Entrepreneur Symposium. This event will take place from March 25 – 26, 2012, and is co-sponsored by the USPTO, U.S. Senator Mary L. Landrieu and Cedric B. Glover, mayor of the City of Shreveport. The event will take place at the Shreveport Convention Center, and the symposium has blocked rooms at the Hilton Shreveport. Our very own Social Media Diva™, Renee Quinn, will be speaking at the symposium on the topic of building relationships. The full title of Renee’s presentation is From Inventor to Entrepreneur: Developing and Leveraging Relationships to Drive Growth.

Top 50 Law Firms with the most first action allowances according to PatentCore data. But where are these first action allowances coming from? All over the Patent Office really. They occur with plants (1661), organic compounds (1621, 1625, 1626), batteries (1725), active solid state devices (2818), electrical generators or motors (2834), optical systems and elements (2873), optics measuring and testing (2877), vehicle fenders (3612), data processing (3661), aeronautics and astronautics (3662), internal combustion engines (3748), valves (3751, 3753) and elsewhere throughout the USPTO.

While there is no doubt that the rejuvenation of the Patent Office during the Obama Administration is directly related to the capable and steady leadership of Director Kappos, I equally have no doubt that Pappas has played a major role in reshaping the public image of the USPTO. During the Bush Administration there was a feeling that the patent bar was the enemy, not to be trusted. The flow of information from the USPTO to the industry and public was largely non-existent. That has all changed and Pappas has been at the center of coordinating the USPTO with other government agencies and in coordinating the message so that the industry and public can know and understand what the USPTO is doing and why.

On Thursday, March 1, 2012, at 2:00pm ET, the United States Patent and Trademark Office held a ceremony in the North Auditorium of the Madison Building on the campus of the USPTO. The ceremony was for the purpose of swearing in 9 new Administrative Patent Judges, with the oath of office being administered by Chief Judge Paul Michel (ret.) of the United States Court of Appeals for the Federal Circuit.

However, if prior users are keeping their technology secret while being protected, that leap-frogging from one breakthrough to the next be impeded. Disclosure is the backbone of the progression of the sciences for this reason. “[T]he ultimate goal of the patent system is to bring new designs and technologies into the public domain through disclosure.” Bonito Boats v. Thunder Craft Boats, 489 U.S. 141, 151 (1989). Sharing ideas allows others to improve upon the state of the art and as a result, better products such as medicine and consumer electronics are brought to market thereby driving our economy and benefiting the welfare of the U.S. as a whole. Prior user rights, on the other hand, will inhibit this progression.

These proposed fees will undoubtedly be commented on, and the early criticism, which seems quite valid, asks how the addition of a single additional claim to be reviewed can add such large amounts to the cost. For example, if you file a petition for post-grant review and want 30 claims reviewed the fee will be $53,700. If you want 31 claims reviewed the fee will be $71,600, so that extra claim reviewed will cost you $17,900. Of course paying that $17,900 entitles you to bring challenges to 9 other claims, which would be free once you paid for the 31st claim. Essentially, with rigid segmentation of fees it is difficult, if not impossible, to see a cost of recover implementation at work. It would be far more in keeping with the statutory authority to have additional claim fees akin to what happens during prosecution when you go beyond three independent claims or 20 total claims.

hange does not come easily. At a minimum, the PTO must stop encouraging and rewarding examiners for actions that defeat the objectives of the office. As long as examiners are credited and rewarded for acting upon every application that they can force an applicant to file, examiners can be expected to seek the credit and reward, and the backlog will be with us. As long as examiner performance is based upon the conventional (N + D)/2, the incentives will foster counter-productive behavior in the examining corps and the Office will not make meaningful strides toward accomplishing its mission. Examiners will do what they are rewarded for doing – generating as many N’s and D’s as possible without regard to whether anything is really being accomplished.

After my presentation, as you might expect, I was approached by a number of patent attorneys. Story after story it was the same thing I have heard from so many others — depressing tales of not being able to get a patent. One particularly egregious thing I heard was from a patent attorney who told me about a conversation he recently had with a SPE from one of the business method art units. I don’t know which Art Unit, and frankly I didn’t ask, although it is probably easy enough to narrow down the Art Unit. This patent attorney told me that the SPE said: “we just don’t issue patents unless the Board orders us to.” If that is in fact what was said and is in fact what is happening then there is a systematic denial of due process at the United States Patent and Trademark Office, and that is wholly unacceptable.