Director's Forum: A Blog from USPTO's Leadership
Continued Progress Toward Implementing Patent Quality Executive Actions
Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee
Last June, the White House issued a number of executive actions aimed, in part, at ensuring the highest quality patents possible. One of the executive actions addresses the possibility of overly broad patent claims, particularly in the context of software, and called for the USPTO to provide new targeted training to its examiners on scrutiny of functional claims.
I am pleased to report that we are delivering targeted training to the examining corps on this topic. We will have more to report at our next Software Partnership meeting, but I wanted to take the opportunity to provide you with some information now.
Over the last year, we’ve rolled out four training modules focused on examining functional claim limitations that fall under 35 U.S.C. § 112(f)—so-called “means-plus-function” claim limitations. The four training modules cover the basics of interpreting functional limitations under § 112(f), including identifying when § 112(f) is or is not invoked, establishing the broadest reasonable interpretation of the limitation, and determining whether a § 112(f) limitation, especially a software-related limitation, has definite boundaries. Additionally, and most importantly, the training provides tools for examiners to clarify the prosecution record and thereby positively affect the clarity of the claims. These tools include establishing on the record whether the claim limitation is being interpreted under § 112(f), explaining the claim interpretation, and providing written remarks to help define the boundaries of the claim, when appropriate.
Such additional clarification by the examiner will create a more robust record and provide an opportunity for the applicant to provide clarifying remarks as well. We believe that spelling out how the claim language has been interpreted during prosecution will assist the public and the courts in understanding the boundaries of the issued claims.
We will soon be issuing more refresher training, for example on the fundamentals of claim interpretation, particularly with respect to functional claim limitations that do not invoke § 112(f). A list of the previous and planned upcoming training modules can be found at our Executive Actions webpage.
To ensure that training principles are applied by examiners, the Office of Patent Quality Assurance refined the metrics used to evaluate Office Actions. We will be evaluating the frequency at which the examiners are clarifying the record and the accuracy of the interpretation of § 112(f) claim limitations.
If you’d like to learn more or have questions or comments, I encourage you to attend our next Software Partnership meeting Tuesday, July 22, 2014, from 1-4:30 p.m. at our Alexandria campus. You may also attend online via WebEx.
Whether you are a patent applicant or litigant or a representative of either, we welcome your input on any of the above. All of the training materials are posted on our Examiner Guidance and Training Materials webpage, which can also be accessed from the USPTO.gov home page using the “Patent Examiner Guidance” button. We have also created a designated email box for comments at TrainingComments112f@uspto.gov.
We at the USPTO remain committed to issuing the highest quality patents possible. This training is but one part of a much broader initiative to enhance quality, and to do so in concert with the public. I look forward to your continued input.
Update on Our Satellite Offices
Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee
Welcome to the latest in a regular series of updates on the status of our satellite offices in Dallas, Denver, Detroit, and Silicon Valley. As you know, the Leahy-Smith America Invents Act of 2011 (AIA), signed into law by President Obama, requires the USPTO to establish regional satellite locations as part of a larger effort to modernize the U.S. patent system. These offices are so important to inventors, entrepreneurs, and small businesses in the surrounding regions—and to our agency’s core mission of fostering American innovation and competitiveness.
If you haven’t already heard, June 30, 2014 is the date we’re opening our permanent satellite office in Denver, Colorado. Located in the Byron G. Rogers Federal Building in the city’s central business district, the new office will help the region’s entrepreneurs get cutting-edge ideas to the marketplace faster, grow their businesses, enable them to create new, high-skilled jobs in the Rocky Mountain region, and allow them to more efficiently navigate the world’s strongest intellectual property system.
The other big news is that we have hired a Regional Director for the Denver office—Russell Slifer, who has practiced intellectual property law for the last 20 years. For the past eight years, Russ served as the Chief Patent Counsel for Micron Technology in Boise, Idaho. He also was a design engineer for Honeywell and spent more than nine years in private practice in Minnesota helping high technology clients, including individual inventors, universities, and Fortune 100 companies, build patent portfolios to protect their innovations. Russ is an active member in the legal and innovation communities. These experiences make Russ an ideal person to serve as the inaugural leader of our new satellite office for the Rocky Mountain region, and I look forward to him transitioning in as part of our senior leadership team.
Keep in mind our Denver office needs more than just a director. We’re currently accepting applications for Administrative Patent Judges, a Deputy Regional Director for Outreach, Computer Engineering Patent Examiners and Electrical Engineering Patent Examiners. The deadlines to apply for these jobs vary and some are coming soon, so if you want to apply, please do so quickly.
The Elijah J. McCoy Satellite Office in Detroit opened for business in July 2012 and continues to play a vital role for the agency and the local innovation community. We have hired and trained 100 patent examiners who are processing patent applications in one of our nation’s historic innovation hubs. Our eight administrative patent judges are managing appeal cases and America Invents Act trials, and this summer, will move into a new space that includes a hearing room. We recently posted a job announcement for a Regional Director of the Detroit office, who will be responsible for general oversight of the office as the most senior ranking official representing the USPTO. We have also posted an Administrative Patent Judge vacancy announcement for the Detroit office, for which relocation incentives may be authorized. Please help us spread the word about these vacancies. The application deadline for the Regional Director position is July 1, 2014, and the Administrative Patent Judge position is July 31, 2014.
In April, the San Jose City Council unanimously approved the terms and conditions for our permanent facility in the San Jose City Hall. It will include a large outreach center on the first floor of the wing that is on track to open in the spring of 2015 and office space that will open a few months later. We are also looking for a Deputy Regional Director for Outreach for this office, and the deadline to apply is June 25, 2014. We are also actively engaged with stakeholders in the Silicon Valley and across the region. Since my last update, we’ve hosted several events to gather input and suggestions from our customers as we look for ways to further improve our nation’s IP system. These included discussions on the administrative trials before our Patent Trial and Appeal Board, a focus on Trademark operations, a patent rulemaking roundtable on collecting attributable ownership information, and a multi-stakeholder forum on the Digital Millennium Copyright Act.
Finally, our Dallas satellite office is scheduled to open in the fall of 2015 in the Terminal Annex Federal Building in downtown Dallas. We have hired five Administrative Patent Judges who have been operating out of the Santa Fe Federal Building. We continue to engage with local partners such as the Dallas Entrepreneur Center to support the innovation community, start-ups, and entrepreneurs.
We continue to hire Patent Trial and Appeal Board judges for all of our satellite office locations. Our goal is to have at least 20 in each office who will work to reduce the inventory of trial and appeal cases. In addition, we expect to recruit patent examiners for Silicon Valley and Dallas offices closer to the dates when their respective permanent spaces near completion. All vacancy announcements for these offices will be posted on usajobs.gov.
I feel that these satellite offices are critical to our efforts to support innovation and creativity, help protect and foster American innovation in the global marketplace, help businesses cut through red tape, and create new economic opportunities locally. This is an exciting time, not just for the USPTO, but for the men and women from coast to coast who are building, creating, and marketing America’s future. I will continue to keep you informed about major new developments in these offices as they arise.
An Update on Sustainable Funding for the USPTO
Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee
I’d like to take some time today to follow up a recent guest blog about our FY 2015 budget by our Chief Financial Officer, Tony Scardino. That blog gave an overview of what the USPTO anticipates collecting in fees in FY 2015, what we plan to spend, our staffing levels, and what we intend to accomplish. It also provided a link to the full congressional budget submission.
While this budget document provides great information, at 197 pages it can, admittedly, be a somewhat intimidating read. With that in mind, there is one set of numbers in particular that I think are worth noting and taking some time to discuss in the context of our new fee setting authority granted under the Leahy-Smith America Invents Act (AIA).
In the “Sustainable Funding” section of the budget, you’ll find charts showing our patents and trademarks “operating reserve balance” (shown on pages 15 and 17, respectively). These operating reserves are a critical part of our sustainable funding model and an important component of our first fee setting in March 2013. The reserves are intended to allow the USPTO to avoid the operational starts and stops associated with the funding uncertainties faced by a fee-funded agency, as well as plan for long-term financial stability. A great example of the importance of these reserves came at the beginning of this fiscal year, when the Congress was not able to reach a budget agreement and a lapse in appropriations resulted in a 16-day shutdown of most of the federal government. Thanks to our operating reserves, the USPTO was able to stay open and continue examining patent and trademark applications during this time.
Our target has been to build an operating reserve of a minimum of three months for our patent operations and a four- to six-month reserve for our trademark operations. We’ve already reached this level in our Trademark business line, and that now has us in a position to be able to propose reducing certain trademark fees in FY 2015.
As you’ll see on page 15, we’re projecting that our patent reserve balance will increase fairly steadily from the end of FY 2013 through FY 2019—eventually growing to $1.9 billion. While this future growth is based on a number of assumptions that could—and likely will—change, we have greater certainty about the reserve levels over the next year and a half. Based on the latest information available, we expect to be approaching a three month patent reserve balance amount by the end of the current fiscal year and will likely exceed it by the end of FY 2015.
A fair question to ask at this point—especially for those who recall the plans laid out in our 2013 fee-setting to grow the operating reserve to target levels by 2018—might be “Why is the reserve growing so quickly?” The faster than expected growth is due to several factors, including adjustments to many of the assumptions that drive our projections. For example, the economic environment and application filing growth, fee payment behavior after the fee schedule and first inventor to file implementation in March 2013, and patent production estimates have all been modified based on the information that is now available to us.
We recognize the significance of the change in our estimates and are paying close attention to the factors contributing to these changes as we gather more data to fine-tune our projections. Rest assured that the USPTO is aware of the issue and we have not forgotten the commitments we made to our stakeholders when we set our fees last year. We will soon be starting our biennial fee review, proceeding in the same transparent manner that we did in the first round of AIA fee-setting. We’ll be assessing our operating environment (e.g., economy, court decisions, and fee-paying behaviors), operating costs, our fee projections, target operating reserve level, and strategic priorities (including those in the USPTO 2014-2018 Strategic Plan) and agency needs. We will be working with our stakeholder community to gather their input.
We recognize the responsibility entrusted to us under the AIA, and we are hard at work to be good stewards of the agency, its resources, and your trust.
IT Modernization at the USPTO Drives Productivity and Creates New Jobs
Guest blog by Chief Information Officer John Owens
Information Technology (IT) is fueling our work in an era of escalating demand for patents and trademarks, and to face this challenge, our team is continuously looking for ways to operate more nimbly and deliver services rapidly. This year, we have been working to modernize the systems that support patent and trademark examination and fee processing by using “agile” development. Many successful technology companies use agile, an IT development method which emphasizes user involvement and ongoing feedback. (Read more about USPTO’s initial rollout of agile into its processes.) By working to provide our examiners with enhanced examination tools, we are striving to improve the way that examiners work.
One new system, Patents End to End (PE2E), is already in beta use by some examiners and is targeted for a wide introduction to the examiner corps late this year. PE2E creates a more streamlined way for examiners to process patent applications, enhancing the way they view documents, search, take notes, and complete tasks. Another landmark project is Trademarks Next Generation, a faster, more feature-rich Trademarks system for both examiners and the public to use.
Systems such as PE2E and Trademarks Next Generation follow industry best practices, which include:
- Build shared IT services and tools to support global customers and maximize cost effectiveness.
- Use web-based systems with open technology standards that scale.
- Write code once and deploy everywhere for more stable, portable, and cost effective tools.
- Provide easily searchable IP information by converting all information into searchable technology formats.
As one employee said, the new tools are designed “by examiners for examiners.” We are designing and testing our systems incrementally, and gathering input throughout the process; and this iterative development and constant interaction ensures that the end product has the necessary features. In addition, our expert team in the User Experience Division is ensuring that our products are always created for optimal engagement and efficiency, in order to deliver value to the public. Finally, cloud and open source technology will be used extensively so that we can concentrate on what we can’t buy – a Patent and Trademark examination system.
To meet our aggressive IT goals this year, we plan to continue to hire the most qualified technical staff. Attracting the right talent is critical to our mission, and so far in fiscal year 2014, we’ve already hired more than 60 new staff members. We are hosting an IT Veteran Hiring Fair on our Alexandria, Virginia campus June 13th and 14th and encourage veterans with top IT skills to join the USPTO, recently voted the #1 Best Places to Work in the Federal Government®. The registration deadline is June 10, so sign up quickly. I look forward to sharing more updates with you in the future as we continue to use the latest technology to support innovation.
National Day of Civic Hacking 2014
The second annual National Day of Civic Hacking will take place on May 31 - June 1, 2014, in communities around the world. This event brings together technologists, social activists, entrepreneurs and others to grow communities of innovation across the nation. As an agency that helps nurture and protect innovation, we are pleased to be joining this effort for the second year in a row.
Last year, the USPTO challenged civic hackers to use the trademark dataset and other open data sources to develop applications that identified federally registered trademarks that comprise an entity’s portfolio or brand, or are used on specific products, in designated industries, or in geographical areas. Citizens answered the challenge by developing innovative applications that searched for trademarks by dominant color, "translated" words based on their relationship to concepts in the trademark data, and a trademark classifier that used machine-learning to extract key concepts and statistically important phrases.
The USPTO currently makes patent and trademark public data available in bulk form, which can be used to load into databases or other analytical tools for research and analysis and provides an application programming interface (API) for the Trademark Official Gazette. We are working to provide more APIs in the near future to enable better access to data at the USPTO.
This year, we are challenging National Day of Civic Hacking participants to use the patent and trademark datasets and other open data sources to develop innovative applications that can be used on mobile devices including smartphones and tablets. Based on feedback from our recent Crowdsourcing Prior Art roundtable, one potential area of interest is an application that would allow citizens to subscribe to alerts when applications are published that meet user specified criteria such as inventor, assignee, classification information, and/or keywords in the claims. It would be wonderful to have an application developed to achieve this.
I urge all those looking for a unique way to volunteer in your community through technology to consider participating in the National Day of Civic Hacking. You can learn more at hackforchange.org or read our specific patent challenge or trademark challenge.
Our Vision for 2014-2018
I’m pleased to announce today the publication of the U.S. Patent and Trademark Office’s 2014-2018 Strategic Plan. We appreciate the helpful feedback we received on the draft we released last year. The final product is stronger as a result.
My senior management team and I put a lot of care and thought into this plan, because we take seriously our role as a driver of creativity and economic growth in the 21st century innovation economy. For the last five years, we have worked diligently to achieve the goals of our 2010-2015 Strategic Plan, such as significantly reducing our unexamined patent application backlog and pendency; modernizing our information technology systems; implementing the Leahy-Smith America Invents Act; and securing sustainable funding. Our progress is significant and quantifiable.
Our new strategic plan raises the bar. We will continue to enhance our human resources, retaining and hiring more talented examiners while continuing to ensure that the USPTO remains one of the Best Places to Work in the Federal Government. That, in turn, will allow us to further improve the quality and transparency of our patent and trademark operations while continuing to reduce patent pendency.
Increased quality and transparency of our operations and output is necessarily coupled with continued and expanded engagement with our stakeholders and the public. We are seeing that now in our efforts to build a better patent system through our implementation of executive actions offering positive reforms. That engagement has and will come in many forms, from multiple public events to outreach through our satellite offices in Dallas, Denver, Detroit, and Silicon Valley.
We of course remain focused on ensuring a sustainable funding model to best serve our stakeholders. That means pursuing spending authority for all fee collections; establishing permanent fee-setting authority; and using private-sector business tools. This effort also will involve close engagement with all of our stakeholders.
Please take a moment to peruse the 2014-2018 Strategic Plan. We look forward to working with you to help meet—nay, surpass—the outlined goals.
Posted at 02:58PM Mar 14, 2014 in USPTO |
USPTO Submits its Fiscal Year 2015 Congressional Budget Justification
Guest Blog by Chief Financial Officer Tony Scardino
I’m pleased to announce that the USPTO has published its fiscal year 2015 Congressional Budget Justification. The USPTO budget is formulated every year to gain access to our agency’s operational funds. Each year the USPTO submits a budget justification to Congress, through the Department of Commerce.
Our FY 2015 budget documents our requirements to aggressively continue reducing patent application pendency and backlog in order to help bring innovations to the marketplace and create jobs for the American people. It also enables us to continue maintaining trademark application pendency; implementing the America Invents Act (AIA); providing domestic and global intellectual property leadership; and modernizing our information technology (IT).
In FY 2015, the USPTO expects to collect $3.4 billion in fee revenue, which is derived primarily from patent and trademark fee collections. These collections will cover our total spending requirements and allow us to grow our operating reserve.
Our FY 2015 projected spending of $3.2 billion will support 13,203 full-time-equivalent patent, trademark, and related support positions, including 9,013 patent examiners.
Here is what we will be able to do in FY 2015 under this budget:
- With additional patent examiner hiring in FY 2014 and FY 2015, we will continue on our path of reducing patent application pendency to achieve our goals of first action pendency to 10.9 months and total pendency to 19.8 months in FY 2019—and aligning the backlog of unexamined applications with increased manpower by FY 2018.
- The budget also supports administrative efforts to address abusive patent litigation practices and repeats the president's call for Congress to enact legislation that promotes greater transparency in the U.S. patent system and prevents frivolous lawsuits that stifle innovation.
- In Trademarks, the budget supports hiring additional trademark examining attorneys to maintain first action pendency at 2.5-3.5 months and total pendency at 12.0 months or less.
- The budget assumes continued substantial capital improvement investments in critically-needed IT modernization including Patent End-to-End and Trademark Next Generation systems, and related infrastructure.
- This budget also supports USPTO domestic and global leadership to improve IP policy, protection, and enforcement.
The FY 2015 Congressional Budget Justification proposes how the USPTO wishes to expend its funds in the upcoming fiscal year. I hope you find value in the purpose of this document, and that it allows you to glean greater insights into the agency’s activities and achievements.
Posted at 05:01PM Mar 13, 2014 in USPTO |
Moving Forward in 2014
Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle Lee
Over the last five years, working in concert with Congress and the Obama administration, the USPTO has built a firmer foundation to support a more effective IP system. The agency continues to optimize the quality and efficiency of our patent and trademark examinations, as well as strengthen our overall patent system through the implementation of the historic 2011 Leahy-Smith America Invents Act. The USPTO has enhanced the IP process for American businesses by launching a network of regional satellite offices and establishing bilateral and multilateral IP agreements with offices from other nations. I am particularly excited about the satellite offices (located in Dallas, Denver, Detroit and Silicon Valley), as they bring many of the services offered by the USPTO closer to more communities, provide excellent venues for stakeholder and public engagement, and offer enhanced opportunities for the agency to recruit and retain top talent. All of this enables the agency to issue better quality patents and trademarks, not to mention increased customer satisfaction for the users of our services. In short, the agency’s senior leadership has made good progress to ensure our country has a strong and robust patent and trademark system for the 21st century.
We aim to keep up that work and do even more in the coming years. Going forward, the USPTO will continue to actively engage with our stakeholders, members of Congress from both political parties, as well as with others in the administration, to further improve our patent and patent litigation systems. That includes supporting Congress’ current consideration of legislation to target abusive patent litigation tactics and speed resolution of disputes over IP rights. And the USPTO will work to further the U.S. Department of Commerce’s vital role in ensuring the effective protection of IP to encourage innovation and retain America’s global competitiveness in a rapidly evolving online marketplace. I am especially eager to work with Commerce Secretary Penny Pritzker to ”foster a more innovative U.S. economy—one that is better at inventing, improving and commercializing products and technologies that lead to higher productivity and competitiveness,” one of the key strategic goals articulated in the Commerce Department’s “Open for Business Agenda.”
Most importantly, my team and I will continue to work with all our stakeholders and user communities to assess new challenges and identify new opportunities to build an agile system of IP protections that catalyzes innovation, incentivizes commercial research and development, and promotes good jobs that support our nation’s competitive edge.
Having been born and raised in Silicon Valley—one of the most innovative regions in our nation—and having built my 25-year career as an engineer and IP attorney there, I have spent most of my life focused on creating innovative technologies and/or supporting and enabling those who do. It is indeed an honor to be able to continue on this path at the USPTO in my new role as Deputy Director of the agency. I am committed to working together with all our stakeholders to advance our shared goal of fueling the unique American ingenuity that fuels our nation’s job growth and economy.
It is a tremendous honor to begin my new role this month as Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO). I have served the USPTO for the last few years, first as a member of the agency’s Patent Public Advisory Committee and most recently as the first Director of the Silicon Valley USPTO. Through those roles, I have seen the incredible accomplishments the agency has made toward advancing a balanced intellectual property (IP) system that promotes innovation, supports economic growth, and helps create American jobs. I am eager to help the agency carry forward the progress it has made over the last few years.
Celebrating our #1 Ranking as a Best Place to Work in the Federal Government
Blog by Commissioner for Patents Peggy Focarino
This week, the non-profit Partnership for Public Service (PPS) released its annual Best Places to Work in the Federal Government® rankings, and it is an incredible honor for all of us to see that the United States Patent and Trademark Office (USPTO) was ranked #1 out of 300 federal agency subcomponents for 2013.
This tremendous accomplishment represents the pinnacle of a dramatic climb in the PPS rankings for the USPTO, from 172nd place in 2007, to 105th place in 2009, to 56th place in 2010, to 19th place in 2011, to 5th place in 2012. The rankings are based on the Federal Employee Viewpoint Survey (EVS) of more than 700,000 federal employees conducted by the Office of Personnel Management, in categories like employee satisfaction with: leadership, managers, and supervisors; agency work/life programs; and overall work experiences. In fact, our EVS results show positive improvement in all of the categories measured by the survey, as well as increased scores in all major indices used to measure employee engagement.
At the USPTO there is no such thing as “good enough for government work.” As evidenced by the EVS, our employees perceive the importance of their work in relationship to the agency’s goals and priorities. They take great pride in what they do and rise to every challenge, with a singular focus on providing high-quality intellectual property (IP) rights and protections in a timely and efficient manner so new technologies can get to the marketplace faster and create more jobs.
What I find especially gratifying about our #1 ranking is that the survey was conducted at a time of significant challenges for this agency, as sequestration was being applied to the agency (despite our fully user fee-funded status), and many people in the agency were also completing the critically important work to fully implement the Leahy-Smith America Invents Act—the most sweeping overhaul of our nation’s patent system in generations. Change and uncertainty are stressful, and yet USPTO employees remained focused and engaged in our important work.
I am also extremely proud that this #1 ranking is a clear and direct reflection of the collective opinion our employees hold of the USPTO as an employer. We have strong and talented leaders and managers, and a union-management relationship that is highly collaborative, collegial, and productive, with a palpable sense that we are all part of the same team in everything we do. We eagerly seek our employees’ input through town hall meetings, focus groups, blogs, and creativity challenges, which have generated some great ideas and suggestions on improving work processes and the work environment. And we also benefited from the strong leadership of former Director David Kappos and former Deputy Directors Terry Rea and Sharon Barner.
I want to deeply thank each and every employee of the USPTO for the outstanding work and enthusiasm that made this year’s #1 ranking a reality, and I want to make this promise to our employees, our stakeholders, and user community: we will not rest on our laurels in 2014. We will continue to work tirelessly to further strengthen our agency and its operations, and we will continue to further advance the cause of American innovation, competitiveness, and economic growth.
Posted at 10:49AM Dec 20, 2013 in USPTO |
Veterans Day 2013
Guest blog by Chief Administrative Officer Fred Steckler
Ninety-five years ago, on the eleventh hour of the eleventh day of the eleventh month, the “war to end all wars” came to an end. Originally proclaimed Armistice Day by President Woodrow Wilson, the annual holiday was renamed Veterans Day in 1954 to honor the veterans of all of America’s wars.
Today, November 11 has an even broader purpose: to honor all men and women who have served or continue to serve our nation in uniform during peacetime and war. In 2011, there were roughly 21.5 million living veterans in the United States, including 3.5 million with service-connected disabilities—a sobering reminder that freedom is not free, that it requires selfless citizens willing to sacrifice their time, comfort, and, when necessary, their lives, in support of a cause greater than themselves.
At the United States Patent and Trademark Office, 2,194 of our employees are veterans—more than 19 percent of our workforce. They include men and women who served in the Cold War and Vietnam eras and those who have served more recently in the Balkans, Iraq, Afghanistan, and countless other posts within the United States and abroad, in peacetime and war. Some of these employees still wear the uniform as members of the reserve forces, attending monthly drills, annual training, and deploying into harm’s way when needed.
In fiscal year 2013, over 12 percent of new patent examiner hires and over 19 percent of all other new hires were veterans or transitioning service members. Four student veterans started the Student Trainee Patent Examiner -Veteran Internship Program in June of this year, and that same month the agency was approved to participate in Operation Warfighter, a federal internship program developed by the Department of Defense for active-duty recovering service members who are seeking to transition back to the military or civilian workplace.
On behalf of a grateful agency, I want to thank each and every one of these veterans, the family members who support them, and all the others who make up our diverse and talented workforce. The wealth of experience and maturity they bring to their jobs is evident in the high quality of their work, and it makes a huge difference in helping accomplish our agency’s many ambitious goals on behalf of the American people.
An Update on Our Dallas, Denver, and Silicon Valley Offices
Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea
Last year we began providing a series of blog updates on the progress of our satellite offices, in August, September, and December. This tradition continued with an update on our Elijah J. McCoy Satellite Office in Detroit, which just celebrated its first year of operation last week.
Today I want to update you on the progress of our satellite offices in Dallas, Denver, and Silicon Valley, locations we identified in July 2012 as part of an America Invents Act (AIA) mandate. Given current budget constraints under sequestration, our efforts to move into permanent spaces for those three locations will be delayed, but continuing to operate from the temporary spaces and striving to grow our presence in the satellite office locations remains a top agency priority.
All three locations currently have temporary offices staffed by Patent Trial and Appeal Board judges, who are helping reduce the board’s inventory of appeal cases and AIA trials, which in turn helps drive down cost-prohibitive court appearances and resolves disputes earlier and more efficiently.
These judges have been at work in the Denver Federal Center in Lakewood since January, the Santa Fe Federal Building in Dallas since March, and the Menlo Park Science Center in Silicon Valley since April. We will continue to monitor our fee collections and hire more judges for the satellite offices whenever resources are available.
In addition to the work of our judges, Silicon Valley Office Director Michelle Lee continues to actively engage with the public and our stakeholders across the West, just as our Detroit office has done so effectively in the Midwest with independent inventor conferences and partnerships with local inventor associations. The Silicon Valley Office’s activities will continue to include:
• Participating in our newly formed Software Partnership, which collected comments in February that will contribute to our advancement of President Obama’s White House initiative to curtail abusive patent litigation;
• Hosting local training programs on AIA topics such as the new first-inventor-to-file rules and PTAB proceedings;
• Planning additional STEM workshops to train K-12 teachers in the local school districts on innovation, entrepreneurship, and intellectual property; and
• Building relationships with local innovators, officials, industries, intellectual property bar associations, incubators, venture capitalists, and universities.
Permanent locations for the satellite offices have been identified at the Terminal Annex Federal Building in Dallas and the Byron G. Rogers Federal Office Building in Denver, public facilities already operated by the General Services Administration (GSA). No similar space was available in the delineated area for Silicon Valley. Our relocation to permanent office spaces in Dallas and Denver has been delayed, and the GSA, which owns and operates public facilities, has suspended its solicitation process for permanent space in Silicon Valley. We will continue monitoring our fee collections to determine when we can move forward on permanent office spaces in these locations.
In the face of current budget constraints, we remain committed to serving the public with permanent locations in all four continental U.S. time zones, ensuring that the full promise of the AIA is realized. Expanding the level of public access to the USPTO, its resources, and processes remains one of my top priorities, and I look forward to keeping you updated on our progress in the months ahead.
Happy Anniversary, Detroit
Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea
The USPTO will reach a milestone anniversary tomorrow. July 13 marks one full year of operation of the Elijah J. McCoy Satellite Office in Detroit. As the agency’s very first satellite office, it represents a historic achievement for the USPTO. And just as we had planned, our Detroit team—which was led through the first year by Regional Manager Robin Evans—is meeting and exceeding the needs of the agency and the innovative community in and around Detroit.
The Detroit satellite office has expanded our capacity and productivity, despite tough budgetary constraints. And through increased outreach efforts with entrepreneurs and innovators throughout the Midwest, we’re creating a stronger and more efficient patent system locally—one that’s attuned to the needs of the area’s unique ecosystem of creativity and enterprise.
The Detroit office has helped us pursue our goal of cutting into the backlog of unexamined patent applications. We were able to tap into local talent to hire 78 new patent examiners. With the help of these examiners, USPTO decreased the backlog of unexamined patent applications this past year, even though the number of filings continued to increase. Since opening, the Detroit office has already issued several thousand first office actions.
The Detroit office also has expanded the Patent Trial and Appeal Board through the hiring of 10 new judges from the region, with plans to add more. This increase in staff will help the agency reduce its inventory of appeal cases and AIA trials, which in turn will help drive down cost-prohibitive court appearances and resolve disputes earlier and more efficiently. It also allows practitioners to more readily access and navigate the patent appeals process.
The presence of the office in this important American hub of innovation and growth has increased our agency’s ability to support innovators, and provides the Midwest intellectual property community direct and central access to resources that enable inventors to better understand, obtain, maintain, and commercialize their IP rights.
The office offers workshops and seminars that provide local businesses and inventors with tools to develop, license, and distribute technologies and services. We’ve participated in 30 different outreach events in the area and have held several “Saturday Seminars” for local inventors and entrepreneurs to visit the office and learn more about patents and trademarks. In the coming year, we hope to see even more inventors and stakeholders come through our doors.
The Detroit office has offered us opportunities to foster new partnerships with organizations such as the Henry Ford Museum and the Auto Harvest Foundation to host IP awareness and education events. The office also partners with regional inventor associations to highlight and build a consortium of key tools and resources that empower businesses of all sizes to grow and protect their products and services in a global economy.
One year ago, an esteemed group of Michigan’s leaders joined us to officially open this office, including Detroit Mayor Dave Bing, U.S. Senators Carl Levin and Debbie Stabenow, U.S. Representatives John Dingell, John Conyers, Jr., and Gary Peters, and former U.S. Representative Hansen Clarke. We have been proud to work alongside these leaders, as well as many local businesses and entrepreneurs, all of whom are committed to rev up the engines of the area’s innovation economy and ensure Detroit remains open for business. And now, one year later, there’s still reason to celebrate. We look forward to continuing our efforts to help American entrepreneurs and businesses.
If you have a success story you’d like to share about our Detroit office, I hope you’ll consider posting it in our comments section.
The USPTO Thomas Alva Edison Visiting Scholars Program Celebrates its First Year
Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea
I’m happy to report that the first year of our Thomas Alva Edison Visiting Scholars Program has been a great success. The program brings leaders in academia to the USPTO to pursue research projects, drawing on our extensive resources and specialized expertise, with the aim of furthering their intellectual pursuits as well as contributing to the USPTO mission. Since its debut on January 18, 2012, we’ve had the privilege of working closely with three distinguished academics, and the benefit of obtaining their input on a number of issues of key importance to USPTO functions.
Our first Edison Scholar was Professor Jay Thomas of the Georgetown University law faculty. While at the USPTO, Thomas studied and made proposals for new administrative practices that would modernize and improve the patent disclosure system. He also reviewed existing quantitative indicators of agency performance and patent quality, identifying potential points of improvement. Finally, Thomas has been developing new ways for the USPTO to make it easier for applicants to comply with disclosure duties, attempting to minimize concerns regarding inequitable conduct while increasing the quality of information provided to the agency.
Professor Peter Menell of Berkeley’s Boalt School of Law joined the USPTO as an Edison Scholar in June 2012. Menell identified best practices for improving patent claim clarity, which will facilitate patent prosecution, improve overall patent quality, provide better public notification of the scope of a protected invention, and reduce litigation disputes over claim construction. He has also worked on IT tools that can potentially help create an unambiguous prosecution history and searchable database of claim "topography." In addition, Menell lent his expertise to discussions of patentable subject matter as it relates to computer software, contributed to developing a mechanism to enable district judges to easily determine the status of reexamination proceedings, and provided input to a policy paper on digital copyright issues.
Our third Edison Scholar, Professor Jay P. Kesan of the University of Illinois, focused primarily on research related to international patent harmonization. Specifically, Kesan studied how the grace period available under 35 USC § 102 relates to the disclosure of useful information, and the pace and impact of cumulative innovation. Kesan also contributed empirical research related to patent law changes, as well as issues related to innovation, technology transfer, and the IP transactional environment. An additional focus of Kesan’s work was investigating how to develop a standardized set of metrics associated with patent office quality, and identifying circumstances in which such a set of metrics may improve prospects for international work-sharing.
The Edison Scholars devote six months or more to the USPTO on either a full or part-time basis. On behalf of the USPTO, I thank our three inaugural scholars for their outstanding contributions over the last year.
Posted at 10:25AM Feb 08, 2013 in USPTO |
Progress Continues at our Four Satellite Offices
Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos
We’re making steady progress in our efforts to get all of our satellite offices up and running as quickly as possible. We recently announced that our Dallas-Fort Worth regional satellite office will be in the Terminal Annex Federal Building in Dallas. It’s a great location that’s well-suited to serve as a home for our employees, and to support the innovation community in Texas and across the southern U.S. We are already underway identifying leadership who know the unique contours of the business landscape to staff Dallas-Fort Worth, as well as our other new satellite offices.
In Silicon Valley, for example, our new director Michelle Lee is already working as our liaison with West Coast innovators, utilizing her vast experience advising highly innovative companies on legal, technological, and business issues to help ensure the success of this new office. Meanwhile, we’re taking a closer look at the communities within Silicon Valley to identify and secure the best location for a permanent office, and for near term temporary space.
In Denver, the General Services Administration is renovating our future office space. In the meantime, we have found temporary space in Lakewood, Colorado to house our Board judges and senior leadership. When we’ve made personnel choices there I will let you know.
Last but surely not least is our Detroit office, which continues to exceed our expectations. We opened only this past July, but we already have 51 patent examiners and 10 administrative judges on board. This puts us ahead of pace to meet our goal of 100 examiners and 20 judges before the end of our first year of operation. And while most of the focus of our Detroit office has been on patents, our satellite offices also serve the trademark community. In fact, Commissioner of Trademarks Debbie Cohn recently met with stakeholders at our Detroit office for a meet-and-greet prior to a USPTO-INTA Roundtable. She reports there was a great deal of interest in Trademark operations and our public outreach.
Our entire team is committed to ensuring our satellite offices are more than just an extension of the USPTO, but are also a valuable force in the economic and innovative environment in their regions. With a physical presence in every time zone, we are now closer than ever to our stakeholders across the country. This progress report highlights how far we’ve come and how we’re advancing.
USPTO Named One of Federal Government’s Best Places to Work
Guest blog by Chief Administrative Officer Frederick Steckler
Today our agency had the great honor to be named one of the U.S. Federal Government’s Best Places to Work today by the non-profit Partnership for Public Service (PPS), which ranked the USPTO # 5 out of 292 federal agency subcomponents based on a survey of more than 700,000 civil servants conducted earlier this year by the Office of Personnel Management (OPM). The USPTO has climbed the rankings in recent years, from 105th in 2009, to 56th in 2010, to 19th in 2011—a remarkable achievement that speaks volumes about the dedication to excellence of every employee in our agency.
One large component of this success is our hugely successful telework program, which PPS recognized earlier this year with a nomination for its annual Samuel J. Heyman Service to America (Sammies) awards. This improved flexibility in work location for more than 64 percent of our workforce has reduced examiner turnover to historically low levels, increased examiner productivity, and saved the agency millions each year in overhead costs. Building collaborative team-based approaches to projects and increasing technical and leadership training opportunities have also paid huge dividends in improving the morale and effectiveness of our highly talented and creative employees. And of course thanks to the Leahy-Smith America Invents Act signed into law last year, the agency has been able to accelerate our hiring of patent examiners from just over 6,000 five years ago to nearly 8,000 patent examiners today. At the same time, our backlog of unexamined patent applications has dropped from 760,000 at the start of 2009 to 605,000 today—despite an increase in patent applications during that same period.
Last week, OPM released the results of the 2012 Federal Employee Viewpoint Survey (EVS). The USPTO had a 76 percent participation rate, and its scores had increased across all of the categories measured by the survey—including areas like Effective Leadership and Strategic Management—with the agency ranked in or near the top 10 percent in each category. This, too, is a tribute to the tireless dedication of our employees and agency leaders. Agency leadership is currently examining each of the categories in greater depth so we can improve or sustain those things that we are doing well and fix any problems that may have been identified in the survey responses. The business units will be preparing an overview of the results in their individual areas to share with employees.
If you conduct business with the USPTO and have the opportunity to interact with agency staff, you should know how truly fortunate we all are to have some of the most knowledgeable and hard-working employees anywhere in the federal government or the private sector. I join with Director Kappos in being very proud of the great work our managers, examiners, and other professionals have done these past few years, during a period of historic change for our nation’s intellectual property laws and our agency itself. As Director Kappos has said many times over the past few years, the three words you won’t hear around the USPTO is, “Business as usual.” The results of the EVS and PPS rankings prove that beyond any shadow of a doubt.