Director's Blog: the latest from USPTO leadership
Updates from America’s innovation agency
https://www.uspto.gov/blog/director/feed/entries/atom
2024-03-12T16:23:36-04:00
Apache Roller
https://www.uspto.gov/blog/director/entry/help-us-leap-forward-with
Help us LEAP forward with PTAB assistance for practitioners and inventors
USPTO
2024-02-29T09:21:05-05:00
2024-02-29T09:21:05-05:00
<p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i></p><p><i><img alt="LEAP to chambers event at the USPTO" src="https://www.uspto.gov/blogdata/img/leaptochambers682.jpg"></i></p><i>LEAP-eligible practitioners speak with PTAB judges (in person and on screen) about logistics for oral hearings, during a LEAP to Chambers event at a PTAB hearing room in Alexandria, Virginia</i><p></p><p>Since the moment I was sworn in as Director of this great agency two years ago, I have been guided by the conviction that we must open the doors of opportunity in the innovation community to everyone, not just a select few. Only when every inventor and entrepreneur has an equal chance to bring their new ideas and products to the global marketplace, on a level playing field, does our nation truly thrive.</p><p>There are many things we have done at the USPTO to push those doors of opportunity wide open, but I want to highlight a few in particular that I need your help in sharing with others. Collectively, they make access to the Patent Trial and Appeal Board (PTAB) easier and more transparent than ever, for both legal practitioners and the inventors they represent.</p><p>First, we are eager to engage with the public on our <a href="https://www.federalregister.gov/documents/2024/02/21/2024-03523/expanding-opportunities-to-appear-before-the-patent-trial-and-appeal-board" target="_blank">proposed rule</a> to amend the criteria individuals must meet to practice before the PTAB. This rule will expand opportunities for more individuals to participate in our innovation ecosystem, while not compromising our goal of issuing and maintaining robust and reliable intellectual property rights. We encourage stakeholders to submit comments by May 21.</p><p>The next two programs are part of our continuing efforts, through the <a href="http://www.uspto.gov/leap" target="_blank">Legal Experience and Advancement Program</a> (LEAP), to empower the next generation of advocates and prepare them for meaningful, impactful work early in their careers.</p><p>“LEAP to Chambers” brings eligible practitioners to a USPTO hearing facility, where a PTAB judge will give them a behind-the-scenes tour. They will get a feel for the hearing room by standing behind the podium and testing out their openings. They will learn how to display evidence at a hearing, and they may sit at the bench and view the hearing room and evidence from the judges’ vantage point. A remote judge also will join the tour to provide tips on how to most effectively argue before a hybrid panel of in-person and remote judges.</p><p>After the tour, judges spend time with practitioners highlighting effective advocacy techniques and answering questions. These conversations are a safe space for practitioners outside the context of a real argument or ongoing proceeding to seek clarification on PTAB procedures.</p><p>In “LEAP to Law Schools,” judges visit law schools and offer an overview of PTAB proceedings, including demonstration of a mock argument. By exposing law school students to PTAB so early in their legal careers, the USPTO encourages greater and more inclusive participation by law students in the intellectual property field and better equips them to practice before the USPTO.</p><p><i><img alt="Students participate in a LEAP around PTAB event" src="https://www.uspto.gov/blogdata/img/leaparoundptab682.jpg"></i></p><i>Law students speak with PTAB judges in small groups during a LEAP to Law School event at Texas A&M Law School in Fort Worth, Texas, in October 2023.</i><p></p><p>In addition to these two new programs, PTAB continues to offer LEAP-eligible practitioners the opportunity to present mock oral arguments and practice their advocacy skills before a panel of judges and receive individualized feedback.</p><p>Since LEAP launched more than three years ago, over 350 eligible practitioners and 135 law firms have participated. But we are still just getting started, and we need your help. Whether you are in-house or work for a large law firm, or anything in between, please share these free training opportunities widely within your professional networks, and encourage the next generation of practitioners to take full advantage of them.</p><p>We also recently launched a new PTAB Moot Court Competition for law students to develop and practice the written and oral advocacy skills needed for America Invents Act (AIA) proceedings. This free, fully virtual program is open to teams of students who will be enrolled in law school full-time or part-time during the 2024-2025 academic year. Students will get to work closely with an Administrative Patent Judge (APJ) coach, receive practical tips and experience on how to best present a case before the PTAB, and participate in live oral arguments before a panel of APJs. We encourage law school faculty members or administrators to visit the <a href="https://www.uspto.gov/patents/ptab/moot-court-competition" target="_blank">program webpage</a> for more information and submit an interest form by March 31.</p><p>Another opportunity we need your help in promoting is the <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program" target="_blank">PTAB Pro Bono Program</a> , which serves under-resourced inventors seeking to appeal a patentability rejection by an examiner. We launched the program in 2022 in collaboration with the PTAB Bar Association, and since then, a number of licensed patent attorneys, registered to practice before the USPTO, have offered their free services to represent independent inventors, inventor groups, and inventor-owned small businesses in ex parte appeals. Where we need your help most is in promoting the program more widely within the inventor community. </p><p>To be eligible for PTAB pro bono assistance, an individual inventor must:</p><p>•<span style="white-space:pre"> </span>Reside in the United States;</p><p>•<span style="white-space:pre"> </span>Have a total household income of less than 400% of the federal poverty guidelines; </p><p>•<span style="white-space:pre"> </span>Successfully complete a training course consisting of two videos, one on how PTAB Pro Bono operates and how to apply for assistance, and the other on the ex parte appeal process;</p><p>•<span style="white-space:pre"> </span>Apply to the program within one month from the date of an office action in which the claims have been twice or finally rejected; and</p><p>•<span style="white-space:pre"> </span>Not be under an obligation to assign (sell or give ownership of) the application or resulting patent to a third party. </p><p>Inventors who are part of an inventor group of up to four known inventors must meet the qualifications listed above. Inventor-owned small businesses are eligible if they are 100% inventor-owned and if each inventor-owner meets the qualifications listed above. If the business was operating in the calendar year prior to the application for pro bono assistance, it must have had a total gross income of less than $150,000, and the business must expect/project a total gross income of less than $150,000 in the calendar year when the application for pro bono assistance is filed.</p><p>Please visit the <a href="https://www.uspto.gov/leap" target="_blank">LEAP</a> and <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/patent-trial-and-appeal-board-pro-bono-program-independent" target="_blank">PTAB Pro Bono</a> pages of the USPTO website for more information, share them with others, and feel free to contact me at <a href="mailto:Director@uspto.gov" target="_blank">Director@uspto.gov</a> if you can’t find your answers there. I look forward to discussing these programs and more at the PTAB Bar Association Annual Conference on March 7. </p><p>Together, we can make a difference for the next generation of patent practitioners, the inventors they represent, and our nation’s future!</p>
https://www.uspto.gov/blog/director/entry/ai-and-inventorship-guidance-incentivizing
AI and inventorship guidance: Incentivizing human ingenuity and investment in AI-assisted inventions
USPTO
2024-02-12T16:42:43-05:00
2024-02-12T16:42:43-05:00
<p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i></p><p><img alt="graphic representing artificial intelligence" src="https://www.uspto.gov/blogdata/img/ai_blog_graphic_682.jpg"></p><div>Bolstered by the <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2023/10/30/executive-order-on-the-safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence/" target="_blank">Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence</a> (AI), the Department of Commerce is taking the lead on providing a key framework that guides our nation’s approach to AI and its intersection with intellectual property (IP). Included in the Executive Order (EO) were specific USPTO directives that enhance the great work our agency started last year, including:</div><div><br></div><div>•<span style="white-space: pre;"> </span>Providing guidance to our patent examiners and applicants addressing inventorship and the use of AI, including generative AI, in the inventive process, including illustrative examples in which AI systems play different roles in inventive processes and how, in each example, inventorship issues ought to be analyzed;</div><div><br></div><div>•<span style="white-space: pre;"> </span>Issuing additional guidance to our patent examiners and applicants on patent eligibility to address innovation in AI and critical and emerging technologies and other considerations at the intersection of AI and IP; and</div><div><br></div><div>•<span style="white-space: pre;"> </span>Consulting with the U.S. Copyright Office to issue recommendations to the President on potential executive actions relating to copyright and AI, including addressing the scope of protection for works produced using AI and the treatment of copyrighted works in AI training.</div><div><br></div><div>Today, based on the exceptional public feedback we’ve received, we announced our <i><a href="https://www.federalregister.gov/public-inspection/2024-02623/guidance-inventorship-guidance-on-ai-assisted-inventions" target="_blank">Inventorship Guidance for AI-Assisted Inventions</a></i> in the Federal Register – the first of these directives. The guidance, which is effective on February 13, 2024, provides instructions to examiners and stakeholders on how to determine whether the human contribution to an innovation is significant enough to qualify for a patent when AI also contributed. The guidance embraces the use of AI in innovation and provides that AI-assisted inventions are not categorically unpatentable. The guidance instructs examiners on how to determine the correct inventor(s) to be named in a patent or patent application for inventions created by humans with the assistance of one or more AI systems. Additionally, we’ve posted <a href="https://www.uspto.gov/initiatives/artificial-intelligence/artificial-intelligence-resources" target="_blank">specific examples</a> of hypothetical situations and how the guidance would apply to those situations to further assist our examiners and applicants in their understanding.</div><div><br></div><div>The patent system was developed to incentivize and protect human ingenuity and the investments needed to translate that ingenuity into marketable products and solutions. The patent system also incentivizes the sharing of ideas and solutions so that others may build on them. The right balance must be struck between awarding patent protection to promote human ingenuity and investment for AI-assisted inventions while not unnecessarily locking up innovation for future developments.</div><div><br></div><div>To that end, the guidance provides that patent protection may be sought for inventions in which a human provided a significant contribution to the invention. The guidance builds on the existing inventorship framework and the “significant contribution” test from the Federal Circuit’s 1998 Pannu case (Pannu v. Iolab Corp., 155 F.3d 1344 (Fed. Cir. 1998), which patent examiners have been applying for decades. Instead of considering whether or not the contributions of the AI system to an invention would rise to the same level of inventorship if those contributions were made by a human, the key question this guidance helps address is whether the human named on a patent made a significant enough contribution to be a named as an inventor. To secure patent protection, there must be at least one named human inventor who meets that requirement.</div><div><br></div><div>The specific examples we have provided help explain how the guidance will be applied. For example, they show that merely recognizing a problem and presenting that problem to an AI system is not enough to establish someone as an inventor. That said, if an individual made a signification contribution through the construction of a prompt, that could be sufficient. However, maintaining “intellectual domination” over an AI system, does not, without more, make a person an inventor of any inventions created through that AI system. </div><div><br></div><div>As AI becomes ubiquitous, including as people build on each other’s AI-assisted inventions, it will become increasingly difficult to identify the ways in which AI plays a role in the inventive process. Therefore, the USPTO is not, at this time, implementing any new requirement to disclose the use of AI, beyond that which is required in rare circumstances by USPTO rules.</div><div><br></div><div>The USPTO will continue to presume that the named inventor(s) in an application are the actual inventor(s). And applicants will continue to be responsible for meeting their existing duties to the USPTO. Only in the rare instance where an examiner determines from the file record or extrinsic evidence that one or more of the named inventors may not have invented the claimed subject matter, would questions of inventorship be raised during examination. From an examiner’s perspective, it will not matter if AI, or other advanced computer system, performed actions that would rise to the level of inventorship. What matters, under the guidance, is whether at least one human’s actions can be shown to rise to the level of inventorship and is listed as an inventor on the application.</div><div><br></div><div>This guidance does not entitle inventors to a patent. The patents must also meet all the other criteria for patentability including patent eligibility, novelty and nonobviousness. The USPTO is also assessing these other criteria in view of AI.</div><div><br></div><div>Lastly, because the patent system is built to encourage the sharing of ideas and solutions so that others may build on them, the guidance does not take into consideration whether any intellectual property was utilized in the training of any AI systems used as part of the inventive process. A patent only gives the applicant exclusive rights to their invention, and does not give the applicant the right to use someone else’s invention. For example, when an applicant invents on top of another patent, it is up to the applicant to secure whatever other IP rights they need to use their invention. </div><div><br></div><div>To learn more about what the guidance is and is not, and to get your questions answered and provide feedback, we invite you to attend our upcoming public <a href="https://www.uspto.gov/about-us/events/inventorship-guidance-ai-assisted-inventions-webinar" target="_blank">webinar</a> on March 5 from 1-2 p.m. ET. </div><div><br></div><div>The USPTO will also be engaging with its international counterparts to discuss the inventorship guidance and the future of patenting AI-assisted inventions with the aim of harmonizing AI policy across borders. The USPTO is taking an iterative approach with the guidance so we will continue to engage with stakeholders, both here and abroad, to determine if any updates or additional guidance is needed. To provide your feedback by the May 13, 2024 deadline, visit the <a href="https://www.federalregister.gov/public-inspection/2024-02623/guidance-inventorship-guidance-on-ai-assisted-inventions" target="_blank">Federal Register</a>.</div><div><br></div><div>In addition to providing the inventorship guidance, we have also been working on guidance related to other AI and emerging technology IP policy matters. We have issued <a href="https://www.uspto.gov/sites/default/files/documents/directorguidance-aiuse-legalproceedings.pdf" target="_blank">guidance for practitioners using AI when practicing before the Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB)</a>. We are working on additional guidance for practitioners using AI, as well as, updating patent eligibility guidance relating to AI inventions, and will be seeking public input on the way in which AI impacts other aspects of patentability. </div><div><br></div><div>I also want to thank all of you who provided comments to the <a href="https://www.copyright.gov/newsnet/2023/1017.html" target="_blank">Copyright Office’s Notice of Inquiry (NOI) related to the intersection of AI and copyright</a>. In consultation with the Copyright Office, the USPTO is working to help inform U.S. policy on these issues. The underlying principles supporting the copyright system and the patent system – while both encouraging and incentivizing creativity – are a little different, with copyright protection providing exclusive rights to the creator of the original work of authorship and works that derive from that original (subject to exceptions such as fair use), while the patent system provides protection to different inventors for their inventions that build off or improve an original work. </div><div><br></div><div>We will be further exploring these issues and more at a public symposium on IP and AI at Loyola Law School in Los Angeles, on March 27 (both in person and remotely). The symposium – which will include representation from the Copyright Office – will build on previous AI/Emerging Technologies (ET) partnership events and feature panel discussions by experts in the field of patent, trademark, and copyright law that focus on (1) a comparison of copyright and patent law approaches to the type and level of human contribution needed to satisfy authorship and inventorship requirements; (2) ongoing copyright litigation involving generative AI; and (3) a discussion of laws and policy considerations surrounding Name, Image, and Likeness (NIL) issues, including the intersection of NIL and generative AI. </div><div><br></div><div>While we play our role in shaping U.S. policy, including through engagements with the public and with Congress, we are also working internationally and across U.S. government to support the<a href="https://ai.gov/" target="_blank"> National AI Initiative</a> and other initiatives set forth in the EO. Recently, we partnered with the National Science Foundation on their <a href="https://new.nsf.gov/news/democratizing-future-ai-rd-nsf-launch-national-ai" target="_blank">National Artificial Intelligence Research Resource (NAIRR)</a> pilot, bringing together 10 federal agencies and 25 private sector, nonprofit, and philanthropic organizations to build a shared AI research infrastructure. We are also working closely with the National Institute of Standards and Technology (NIST) on ways to strengthen U.S. leadership and competitiveness in advancing technologies critical to the nation’s economy and security. I look forward to further discussing our AI efforts over the course of the next few months, including with leaders and experts from across the world at this month’s <a href="https://www.worldgovernmentsummit.org/events/2024" target="_blank">World Governments Summit on AI</a>. </div><div><br></div><div>We invite you to learn more about these events and initiatives on our <a href="https://www.uspto.gov/initiatives/artificial-intelligence/ai-and-emerging-technology-partnership-engagement-and-events" target="_blank">AI and ET Partnership page</a>. We look forward to working with all of you to further build AI policy to promote a safe and bright future for all Americans. </div>
https://www.uspto.gov/blog/director/entry/support-for-protecting-and-enforcing
Support for protecting and enforcing your IP in China
USPTO
2024-01-18T08:22:13-05:00
2024-01-18T09:42:23-05:00
<p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i></p><p><i><img alt="Director Vidal at China IP roadshow event" src="https://www.uspto.gov/blogdata/img/chinaiproadshow682.jpg"></i></p><i>Director Vidal spoke with local entrepreneurs and business owners at the China IP Road Show in San Diego. The road show is one of several USPTO tools and programs for U.S. entities doing business in China.</i><p></p><p>Since the start of my tenure as Director in spring 2022, protecting and enforcing intellectual property (IP) rights in China has been an essential part of our agency efforts to strengthen the global IP system. U.S. businesses operating in China regularly cite insufficient protection and enforcement of IP as a top concern, and the Office of the U.S. Trade Representative has placed China on its “priority watch” list for over a decade, detailing a long list of IP concerns reported by U.S. businesses operating in China. </p><p>I am committed to promoting a level playing field for U.S. rights holders in China and providing insight on the unique challenges they face. We are fortunate to have a USPTO team of attorneys and IP experts focused on China. The China team includes over a dozen stateside IP attorneys and <a href="https://www.uspto.gov/ip-policy/ip-attache-program/regions" target="_blank">three IP attachés</a> and legal staff in Beijing, Shanghai, and Guangzhou, China. These experts engage with other federal agencies, U.S. stakeholders, and their Chinese government counterparts to advocate for U.S. rights holders doing business in and exporting to China.</p><p><img alt="China IPR tookit logo" src="https://www.uspto.gov/blogdata/img/chinaiptoolkit682.jpg"></p>We offer an array of valuable tools for doing business in China, including the recently updated <a href="https://www.uspto.gov/sites/default/files/documents/China_IPtoolkit_FINAL.pdf" target="_blank">China IPR Toolkit</a>. Designed especially for small and medium-sized businesses, the revised toolkit offers an in-depth look at the IP environment in China, including the avenues for protection and enforcement.<p></p><p>It can be difficult to do business in China. The China IPR Toolkit can serve as a helpful first stop on that journey. It is available as a free download from the USPTO website.</p><p>I’ve seen first-hand American businesses working to educate themselves on China IP. In October, I joined private sector and government experts in San Diego at the <a href="https://www.uspto.gov/ip-policy/ip-china/china-ip-road-shows-and-webinar-events" target="_blank">USPTO China IP Roadshow</a>. These one-day, in-person events held around the country detail for local entrepreneurs and businesses how they can protect and enforce their IP in China. They are tailored to their specific locales, taking into account the leading local industries—biotech, manufacturing, agriculture, or the creative industries, to name a few. We bring in experts who can address the particular challenges faced by these businesses. We also offer the expertise and knowledge of the USPTO’s China IP specialists, local businesspeople, and IP experts. </p><p>Since 2017, we’ve held more than 30 China IP Road Show events in every corner of the country. To learn more about past and upcoming China IP Road Shows, visit the <a href="https://www.uspto.gov/ip-policy/ip-china/china-ip-road-shows-and-webinar-events" target="_blank">USPTO website</a>.</p><p>In our work, I’m grateful for the leadership of U.S. Secretary of Commerce Gina Raimondo. Secretary Raimondo traveled to Beijing and Shanghai last year to meet with her Chinese government counterparts and representatives of leading U.S. businesses operating in China. She and China’s Minister of Commerce Wang Wentao agreed that U.S. and Chinese subject matter experts will hold technical discussions regarding strengthening the protection of trade secrets and confidential business information during administrative licensing proceedings in China. To facilitate that initiative, I have made the USPTO’s China IP experts available to support it and any other related IP initiatives that develop. </p><p>The China IPR Toolkit and the China IP Road Shows are just two of a number of initiatives spearheaded by our China team. I encourage you to visit the <a href="https://www.uspto.gov/ip-policy/china" target="_blank">China IP page</a> of our website to see the resources we offer, and sign up for future road shows and webinars. </p>
https://www.uspto.gov/blog/director/entry/improving-our-service-to-america
Improving our service to America’s innovators
OCCO
2023-11-07T13:41:36-05:00
2023-11-07T16:45:20-05:00
<p><span style="font-family: "Times New Roman"; font-size: medium; font-style: italic;">Vaishali Udupa, Commissioner for Patents</span></p><p><img alt="image alternate text" src="https://www.uspto.gov/blogdata/img/20230208_fireside_004_682px.jpg"></p><p><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; background-color: transparent;">As we announced in September, as part of our modernization efforts to provide more extensible technology and functionality, the EFS-Web and Private Patent Application Information Retrieval (Private PAIR) tools are being retired after their decades of use as electronic filing and application management systems for our Patents customers. </span></p><p><b style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; background-color: transparent;">Starting November 15, 2023, the <a href="https://patentcenter.uspto.gov/" target="_blank">Patent Center</a> system will fully replace EFS-Web and Private PAIR. </b></p><p><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; background-color: transparent;">Making this transition to Patent Center is essential to ensuring that our tools evolve, that we stay up to date on the latest digital capabilities, and that we continue to deliver excellent customer service to meet your needs. </span></p><p><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; background-color: transparent;">We are postponing the original transition date (previously November 8) to better respond to and incorporate additional valuable stakeholder feedback into the Patent Center system. Specifically, we are working to increase usability for sponsored accounts with large amounts of customer numbers and address any related issues. We are also ramping up coverage to our Electronic Business Center to respond to questions in real-time and help ensure a smooth transition for our stakeholders.</span></p><p><b style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; background-color: transparent;">A one-stop shop for Patents customers </b></p><p><span style="background-color: transparent; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve;">Patent Center pulls all the steps of filing and managing a patent application together into one central system. It offers a next-generation user interface and better overall system performance and security. Patent Center also includes new features to streamline the application process:</span></p><ul><li><font face="Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif"><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve;">No need to create a new account: you can use the USPTO.gov accounts and sponsorships that you’ve already created for EFS-Web and Private PAIR. </span></font></li><li><font face="Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif"><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve;">The ability to upload your patent application specification, claims, abstract, and drawings in a single DOCX document without having to manually separate sections. </span></font></li><li><font face="Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif"><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve;">The ability to upload multiple documents at once using the drag and drop interface.</span></font></li><li><font face="Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif"><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve;">The ability to download multiple documents at one time in a single PDF or ZIP file. </span></font></li><li><font face="Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif"><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve;">The ability to confirm the status of submitted documents and successful payments with separate submission and payment receipts. </span></font></li><li><font face="Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif"><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve;">In addition, if you want to get familiar with Patent Center’s features without actually submitting anything, you can explore Training Mode, an interactive simulation to safely practice </span></font>filing DOCX and PDF documents. You’ll also receive real-time feedback. </li></ul><p style="margin-top: 0px; margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; vertical-align: baseline; font-kerning: none; background-color: transparent;"><b style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; background-color: transparent;">Future updates </b><br></p><p style="margin-top: 0px; margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; vertical-align: baseline; font-kerning: none; background-color: transparent;"><font face="Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif"><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve;"><br></span></font></p><p style="margin-top: 0px; margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; vertical-align: baseline; font-kerning: none; background-color: transparent;"><font face="Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif"><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve;">We’re not stopping here. Since its launch six years ago, we’ve rigorously tested Patent Center and made improvements based on your feedback. We will continue to use your input to enhance the system’s functionality. If you have a suggestion or an idea for new functionality or performance improvement send them to <a href="http://emod@uspto.gov" target="_blank">emod@uspto.gov</a>. We review these ideas weekly.
Retiring our legacy EFS-Web and Private PAIR systems ensures that we are better protecting confidential application materials and investing patent user fees responsibly. Maintaining these legacy systems during the development and testing of Patent Center made sense to ensure there was no interruption in service. Patent Center is now ready to become the sole system, and it is time to turn off the legacy systems so we can reinvest recovered resources into developing your ideas for new functionality and performance improvements.
You can access instructional guides, resources, our on-demand webinar, a list of top 25 questions and answers from previous training sessions, and contact information for technical assistance all on the <a href="https://www.uspto.gov/patents/apply/patent-center" target="_blank">Patent Center information webpage</a>.
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https://www.uspto.gov/blog/director/entry/tips-on-taking-control-of1
Tips on taking control of your creative IP
OCCO
2023-10-11T15:05:47-04:00
2023-10-13T14:13:01-04:00
<p><span data-contrast="none" xml:lang="EN-US" lang="EN-US" class="TextRun Highlight SCXW15200068 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; outline: transparent solid 1px; white-space-collapse: preserve; color: rgb(34, 34, 34); font-size: 11pt; font-style: italic; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"><span class="NormalTextRun SCXW15200068 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</span></span><span class="EOP SCXW15200068 BCX0" data-ccp-props="{"201341983":0,"335559739":160,"335559740":259}" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; white-space-collapse: preserve; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; color: rgb(34, 34, 34);"> </span><br></p>
<p><img alt="USPTO Director Vidal and Kim Tignor talk about the importance of creators participating in the IP economy" src="https://www.uspto.gov/blogdata/img/Director_vidal_and_kim_tignor_682_3x2ratio.jpg"><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; white-space-collapse: preserve; font-size: 11pt; font-style: italic; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">On September 20, Director Vidal spoke with Kim </span><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">Tignor</span><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">, </span><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">e</span><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">xecutive </span><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">d</span><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">irector of Take Creative Control</span><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">,</span><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> about the importance of creators participating in the IP economy</span><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">.</span><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> (Photo courtesy of Take Creative Control)</span><span class="NormalTextRun SCXW85734271 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> </span></span></p><p><span class="EOP SCXW85734271 BCX0" data-ccp-props="{"201341983":0,"335559739":160,"335559740":259}" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; white-space-collapse: preserve; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">When I first began my tenure as Director in the spring of last year, I pledged to </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">strongly </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">advocate for the value of intellectual property</span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;"> (IP)</span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;"> and its protection.</span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;"> </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">As we work throughout the world to strengthen the IP ecosystem through new laws, policies, practices and collaborations, </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">I consider it </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">an </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">honor to </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">also </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">be an ambassador for IP</span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">, </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">impress</span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">ing </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">upon</span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;"> those with great ideas – including our youth</span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">, women across the globe</span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">,</span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;"> </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">and</span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;"> </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">our military </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">– the importance of protecting </span><span class="NormalTextRun SCXW239097733 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 14.6667px; font-variant-ligatures: none;">IP.</span><br></span></p>
<p><img alt="Director Vidal poses with 5th graders on the military base in Rota, Spain" src="https://www.uspto.gov/blogdata/img/Class_photo_682w_3x2_ratio.jpg"></p>
<p><img alt="Director Vidal meets with women entrepreneurs at Ambassador Julissa Reynoso’s residence in Madrid, Spain" src="https://www.uspto.gov/blogdata/img/Kathi_with_women_entrepreneurs_682w.jpg"><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW217649194 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; white-space-collapse: preserve; font-size: 11pt; font-style: italic; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;">This month, preceding her trilateral meetings with Europe and Japan in Munich,</span><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW217649194 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; white-space-collapse: preserve; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"> Germany, </span><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW217649194 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; white-space-collapse: preserve; font-size: 11pt; font-style: italic; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"><span class="NormalTextRun SCXW217649194 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">Director Vidal spoke </span><span class="NormalTextRun SCXW217649194 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">met with 5</span></span><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW217649194 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; white-space-collapse: preserve; font-size: 8.5pt; font-style: italic; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"><span class="NormalTextRun Superscript SCXW217649194 BCX0" data-fontsize="11" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; vertical-align: super;">th</span></span><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW217649194 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; white-space-collapse: preserve; font-size: 11pt; font-style: italic; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"> graders on the military base in Rota, Spain and with women entrepreneurs at Ambassador Julissa Reynoso’s residence in Madrid, Spain</span><span class="EOP SCXW217649194 BCX0" data-ccp-props="{"201341983":0,"335559739":160,"335559740":259}" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; white-space-collapse: preserve; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"> </span></p><p><span class="EOP SCXW217649194 BCX0" data-ccp-props="{"201341983":0,"335559739":160,"335559740":259}" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; white-space-collapse: preserve; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 11pt; line-height: 18.3458px; font-variant-ligatures: none !important;"><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">Patented inventions are in </span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">every</span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> common device and </span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">product you use every day, </span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">such as </span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">your smartphone, car, or even your hair dryer</span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">, </span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">brush,</span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> and comb</span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">.</span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> Indeed, the USPTO just granted the 1 millionth design patent </span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">for </span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">a comb </span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">created by</span><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> </span></span><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; color: windowtext; font-size: 11pt; line-height: 18.3458px; font-variant-ligatures: none !important;"><span class="NormalTextRun SCXW103262467 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">Agustina Huckaby, an inventor and licensed cosmetologist from Fort Worth, Texas:</span></span><span class="EOP SCXW103262467 BCX0" data-ccp-props="{"201341983":0,"335559739":160,"335559740":259}" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; color: windowtext; font-size: 11pt; line-height: 18.3458px;"> </span></span></p><p><img alt="Image of design patent one million" src="https://www.uspto.gov/blogdata/img/2023_10_02_patent11mil_682w.jpg"></p><div class="OutlineElement Ltr SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow: visible; cursor: text; clear: both; position: relative; direction: ltr; font-family: "Segoe UI", "Segoe UI Web", Arial, Verdana, sans-serif; font-size: 12px;"><p class="Paragraph SCXW259521064 BCX0" paraid="90952890" paraeid="{f2cb7a87-5bee-439c-8c24-389ba234a3b7}{136}" style="margin-top: 0px; margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; white-space-collapse: preserve; vertical-align: baseline; font-kerning: none; background-color: transparent; color: windowtext;"><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-variant-ligatures: none !important; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">In fact, many</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> products are covered by multiple patents</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">,</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">including</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> for </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">f</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">ollow-on innovation</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">s</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> that improve</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">d</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> the product. </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">One example I like to use is Thomas Edison, whose original light bulb that he submitted to the USPTO in the 1</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">8</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">00’s</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> is sitting on my desk </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">at our headquarters in Alexandria, Virginia</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">.</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">When I go into classrooms and ask whether Thomas Edison invented the light bulb</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">, the kids know! They say, “</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">N</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">o</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> -</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">h</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">e just invented a better filament.” </span></span></p><p class="Paragraph SCXW259521064 BCX0" paraid="90952890" paraeid="{f2cb7a87-5bee-439c-8c24-389ba234a3b7}{136}" style="margin-top: 0px; margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; white-space-collapse: preserve; vertical-align: baseline; font-kerning: none; background-color: transparent; color: windowtext;"><br></p></div><div class="OutlineElement Ltr SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow: visible; cursor: text; clear: both; position: relative; direction: ltr; font-family: "Segoe UI", "Segoe UI Web", Arial, Verdana, sans-serif; font-size: 12px;"><p class="Paragraph SCXW259521064 BCX0" paraid="1678140374" paraeid="{f2cb7a87-5bee-439c-8c24-389ba234a3b7}{224}" style="margin-top: 0px; margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; white-space-collapse: preserve; vertical-align: baseline; font-kerning: none; background-color: transparent; color: windowtext;"><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-variant-ligatures: none !important; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">In addition to being able to protect your idea or design with a patent, you can also protect your product, service or company with</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> a trademark. Some widely recognized trademarks are the </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">Nike swoosh</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">; images of the brand names of products including Barbie dolls; Clorox bleach; the unique stitching on the back pocket of Levi’s jeans; and the name </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">and some popular lyrics </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">of musician Taylor Swift.</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">Catchy slogans you</span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> come up with for your product or service, such as “If you spray it when you say it no problem” that </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">two </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">10-year-old girls on a military base in Rota, Spain, came up for their spit-proof headset, can also </span><span class="NormalTextRun SCXW259521064 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">be trademarked.</span></span><span class="EOP TrackedChange SCXW259521064 BCX0" data-ccp-props="{"201341983":0,"335559739":160,"335559740":259}" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"> </span></p><p class="Paragraph SCXW259521064 BCX0" paraid="1678140374" paraeid="{f2cb7a87-5bee-439c-8c24-389ba234a3b7}{224}" style="margin-top: 0px; margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; white-space-collapse: preserve; vertical-align: baseline; font-kerning: none; background-color: transparent; color: windowtext;"><span class="EOP TrackedChange SCXW259521064 BCX0" data-ccp-props="{"201341983":0,"335559739":160,"335559740":259}" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"><br></span></p><p class="Paragraph SCXW259521064 BCX0" paraid="1678140374" paraeid="{f2cb7a87-5bee-439c-8c24-389ba234a3b7}{224}" style="margin-top: 0px; margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; white-space-collapse: preserve; vertical-align: baseline; font-kerning: none; background-color: transparent; color: windowtext;"><img alt="image alternate text" src="https://www.uspto.gov/blogdata/img/Spit_proof_headset_2_682_3x2.jpg" style="font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14px;"><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW138519060 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 11pt; font-style: italic; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;">5</span><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW138519060 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 8.5pt; font-style: italic; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"><span class="NormalTextRun Superscript SCXW138519060 BCX0" data-fontsize="11" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; vertical-align: super;">th</span></span><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW138519060 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 11pt; font-style: italic; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"><span class="NormalTextRun SCXW138519060 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> graders on the military base in Rota, Spain presenting their “spit-proof headset” to Director Vidal during her visit to the base</span><span class="NormalTextRun SCXW138519060 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">.</span></span><br></p></div><p><span class="NormalTextRun SCXW255733563 BCX0" style="background-color: transparent; color: windowtext; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-size: 11pt; font-variant-ligatures: none; white-space-collapse: preserve; margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">Trademarks can even </span><span class="NormalTextRun SCXW255733563 BCX0" style="background-color: transparent; color: windowtext; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-size: 11pt; font-variant-ligatures: none; white-space-collapse: preserve; margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">be </span><span class="NormalTextRun SCXW255733563 BCX0" style="background-color: transparent; color: windowtext; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-size: 11pt; font-variant-ligatures: none; white-space-collapse: preserve; margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">scents. Scent marks protect a unique smell from being copied by other similar products. </span><br></p><p><span class="EOP SCXW138519060 BCX0" data-ccp-props="{"201341983":0,"335559739":160,"335559740":259}" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; white-space-collapse: preserve; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"></span></p><div class="OutlineElement Ltr SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow: visible; cursor: text; clear: both; position: relative; direction: ltr;"><p class="Paragraph SCXW255733563 BCX0" paraid="24952342" paraeid="{3b1e260c-e183-4423-8c79-4792706f168a}{49}" style="font-family: "Segoe UI", "Segoe UI Web", Arial, Verdana, sans-serif; font-size: 12px; margin-top: 0px; margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; white-space-collapse: preserve; vertical-align: baseline; font-kerning: none; background-color: transparent; color: windowtext;"><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-variant-ligatures: none !important; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"><span class="NormalTextRun SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">Play-Doh, for instance, has its scent protected. </span><span class="NormalTextRun SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">We</span><span class="NormalTextRun SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> recently posted this popular </span></span><a class="Hyperlink SCXW255733563 BCX0" href="https://www.instagram.com/reel/CxIs4uErT93/" target="_blank" rel="noreferrer noopener" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; color: inherit;"><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-variant-ligatures: none !important; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;">Instagram </span></a><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-variant-ligatures: none !important; font-size: 11pt; line-height: 18.3458px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"><span class="NormalTextRun SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">video asking members of the public if they could identify the unique smell of this scent mark</span><span class="NormalTextRun SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> </span><span class="NormalTextRun SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">- </span><span class="NormalTextRun SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"><a href="https://www.instagram.com/reel/CxIs4uErT93/" target="_blank">check </a></span><span class="NormalTextRun SCXW255733563 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"><a href="https://www.instagram.com/reel/CxIs4uErT93/" target="_blank">out who immediately guessed it</a>.</span></span></p><p class="Paragraph SCXW255733563 BCX0" paraid="24952342" paraeid="{3b1e260c-e183-4423-8c79-4792706f168a}{49}" style="font-family: "Segoe UI", "Segoe UI Web", Arial, Verdana, sans-serif; font-size: 12px; margin-top: 0px; margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; white-space-collapse: preserve; vertical-align: baseline; font-kerning: none; background-color: transparent; color: windowtext;"><br></p><p class="Paragraph SCXW255733563 BCX0" paraid="24952342" paraeid="{3b1e260c-e183-4423-8c79-4792706f168a}{49}" style="margin-top: 0px; margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; vertical-align: baseline; font-kerning: none; background-color: transparent;"><font face="Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif"><span style="font-size: 14.6667px; font-variant-ligatures: none; white-space-collapse: preserve;">What about that poem you wrote? Or the picture you took at the school play (or one that turned out so well you may want to sell it online)? Copyrights are there to save the day and to protect you against someone else copying (or to compensate you if they do!).
How about that great BBQ sauce that won first prize the state fair and you want to start bottling it and selling it at farmers markets (and maybe later in national stores or online)? Or that drink recipe you concocted? Or perfume? In comes trade secrets. If you take the right steps to ensure nobody has access to your “secret sauce” you may be able to protect your creation just like Coca-Cola did with their famous recipe.
Indeed, intellectual property is all around us. Because anyone can be a creator.
But people sometimes ask me why they should go through the trouble of protecting their IP. Simple:
When you get a patent, trademark, create a work eligible for copyright protection – or protect your trade secret – it’s a valuable asset. You’re investing in yourself and your idea. Our research has found that companies in IP-intensive industries tend to employ more workers, whose average weekly earnings of $1,517 in 2019 were 60% higher than in other industries. Other research shows that protecting one’s IP is crucial to the success of their business. For example, according to a <a href="https://www.lebow.drexel.edu/sites/default/files/event/1478115147-joan-farre-mensa-paper.pdf" target="_blank">joint study</a> by Harvard Business School and NYU’s Stern School of Business, when used as collateral, a company’s first patent increases venture capital funding by 76% over three years. It can also help serve as an important employee recruiting tool: The approval of a startup’s first patent application increases its employee growth by 36% over the next five years. Further, protecting your IP can also increase your market share – a new company with a patent increases its sales by a cumulative 80% more than companies that do not have a patent.
As for trademarks, not only are they important assets, if you end up deciding to launch a business or expand to other areas in the U.S., a federal trademark that you can only get from the USPTO will protect you. You can use your trademark to stop copycat products at the borders or have online resellers remove copycat offerings. You can also use your copyright to have copycat material taken down from the internet.
Confused about what type of intellectual property you might need?
The USPTO now has an easy-to-use new online tool that lets you figure out what type of IP you have and whether it’s protectable by a patent, copyright, trademark, and/or trade secret. We call it the <a href="https://ipidentifier.uspto.gov/#/identifier/welcome" target="_blank">IP Identifier</a>. It’s a very popular tool among those visitors to our website who are new to IP, with more than 100,000 visits to the page since we launched it earlier this year.
</span></font><span style="color: windowtext; font-family: "Segoe UI", "Segoe UI Web", Arial, Verdana, sans-serif; font-size: 12px; white-space-collapse: preserve;">
</span></p></div>
<p><img alt="IP Identifier Screenshot" src="https://www.uspto.gov/blogdata/img/IP_identifier_screenshot_682x422.jpg"></p><p>Registering your IP protects your IP – and you. Even during the period when one of our thousands of knowledgeable examiners is reviewing your application, just the submission of your application filing may provide some legal protection in the event someone later tries to claim your idea. And, having a “patent pending” can help you get funding! </p><p>Many applicants pursue the help and services of legal counsel. The 84 <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-and-trademark-resource-centers-ptrcs" target="_blank">Patent and Trademark Resource Centers</a> nationwide – often found in academic and community libraries near you – have lists of attorneys they can refer you to, in addition to providing free expert advice on filing and USPTO processes. And for under-resourced inventors, you may be eligible for free legal help filing an application through our Patent Pro Bono program or Law School Clinic program. <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program" target="_blank">Check out our information on free legal help</a>. <br></p><p>For more information on USPTO programs, visit our Inclusive Innovation webpage. There are programs for kids, teachers, women, college students, military veterans and spouses, and more. <br></p><p>We hope to see you at a no-cost USPTO program soon! <br></p>
https://www.uspto.gov/blog/director/entry/latest-updates-on-artificial-intelligence
Latest updates on artificial intelligence and intellectual property
OCCO
2023-09-29T09:17:17-04:00
2023-09-29T14:43:03-04:00
<p class="MsoNormal"><i><span style="color: rgb(34, 34, 34); background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">Blog by
Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director
of the USPTO</span></i></p><p class="MsoNormal"><img alt="Commissioner for Patents Vaishali Udupa " src="https://www.uspto.gov/blogdata/img/udupaaimtg682.jpg"><i>On
September 27, 2023, Commissioner for Patents Vaishali Udupa spoke at the
USPTO’s fourth AI/ET Partnership meeting about the USPTO’s critical role in
advancing emerging technologies and artificial intelligence (Photo by Jay
Premack/USPTO)</i><span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;"> </span> <br></p><p class="MsoNormal" style="margin-bottom:0in;line-height:normal;vertical-align:
baseline">When
it comes to artificial intelligence (AI), there is enormous potential for our
country and for solving world problems — but there are significant risks as
well. To shape the future of AI, we must act quickly but also thoughtfully and
with your input.</p><p class="MsoNormal" style="margin-bottom:0in;line-height:normal;vertical-align:
baseline">Since
taking office, President Biden and the entire the Biden-Harris Administration
have moved with urgency to seize the tremendous promise and manage the risks
posed by AI. The Biden-Harris
Administration is currently developing an executive order that will ensure the
federal government is doing everything in its power to advance safe, secure and
trustworthy AI, and manage its risks to individuals and society. Our
Administration will also pursue bipartisan legislation to help America lead the
way in responsible innovation. As we advance this agenda at home, the Administration
will continue working with allies and partners to establish a strong
international framework to govern the development and use of AI worldwide.</p><p class="MsoNormal" style="margin-bottom:0in;line-height:normal;vertical-align:
baseline">The
USPTO, and our sister agencies within the Department of Commerce, as well as
the U.S. Copyright Office, play a critical role in this work. <span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">One of the USPTO’s top priorities is
to ensure that the United States maintains its leadership in innovation,
especially in emerging technologies (ET) such as AI. </span><span style="color: rgb(34, 34, 34); background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">Our AI efforts align closely with the
Administration’s whole-of-government approach to AI, including the </span><a href="https://www.ai.gov/" target="_blank"><span style="color: rgb(0, 118, 163); border: 1pt none windowtext; padding: 0in; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">National AI Initiative</span></a><span style="mso-ascii-font-family:
Calibri;mso-hansi-font-family:Calibri;mso-bidi-font-family:Calibri;color:#222222">
that seeks to advance U.S. leadership in AI<span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">. </span></span><span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">That is why,
under my leadership, the USPTO created the </span><a href="https://www.uspto.gov/initiatives/artificial-intelligence/ai-and-emerging-technology-partnership-engagement-and-events">AI/ET Partnership</a>. <span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">Over the last
year, the USPTO’s </span>AI/ET Partnership <span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">has worked closely with the AI/ET community to
gather public feedback through a series of meetings on topics related to AI and
innovation, biotech, and intellectual property (IP) policy. </span> </p><p class="MsoNormal" style="margin-bottom:0in;line-height:normal;vertical-align:
baseline"><span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">In collaboration with you, we have been working to swiftly,
but also responsibly, incorporate AI into our work so that we can better serve
the American public and increase the robustness and reliability of IP rights. We
are integrating AI</span> technologies into our next-generation
tools to enhance the quality and efficiency of patent and trademark
examination. Our examiners have conducted over 1.3 million searches using AI
search tools. These tools also find potential foreign prior art relevant to
their examination of a patent application by searching patent documents from over
60 different countries. We are assessing approaches for making these AI search
tools publicly available. We are also working to extend search to images for
design patents. And, our Trademarks organization is also looking to develop AI
capabilities in image searching, classification, and identification of goods
which will better assist our more than 750 trademark examining attorneys
examining applications for trademark registrations.</p><p>
</p><p class="MsoNoSpacing">We also have several user-facing AI
initiatives in development and public beta, to help the public better navigate
the patent and trademark systems. The USPTO Virtual Assistant enhances customer
service by providing immediate, targeted answers to common questions. While
currently available on several Trademark pages; we will be adding the tool to
more USPTO pages soon. Our <a href="https://developer.uspto.gov/inventor-search/#/search/publication/intro">Inventor Search Assistant</a> tool
allows you to search for your own prior art to help determine if your invention
is patentable (<a href="https://www.inventorsdigest.com/articles/your-uspto-news-flash-start-your-search-with-the-inventor-search-assistant-tool/">Learn more in this Inventors Digest article</a>). Last year, we held an <a href="https://www.kaggle.com/competitions/us-patent-phrase-to-phrase-matching/">AI research competition</a> where over
2,300 competitors from over 80 countries created AI models for a patent
phrase-to-phrase matching challenge. We offer an <a href="https://www.uspto.gov/ip-policy/economic-research/research-datasets/artificial-intelligence-patent-dataset">AI Patent Dataset</a> that – using a
machine-learning (ML) approach that analyzed patent text and citations in
patent applications and other documents – identifies patents issued from
1976-2020 with one or more AI technology components, including ML, natural
language processing, computer vision, speech, and more. </p><p class="MsoNoSpacing"><img alt="collage from AI public listening session" src="https://www.uspto.gov/blogdata/img/aicomposite682.jpg"><i>On April
25, 2023, the USPTO held one of several public listening sessions on AI and
inventorship (Photo by Michel Cleveland/USPTO)</i><br></p><p class="MsoNoSpacing">Our <a href="https://www.uspto.gov/about-us/events/aiet-partnership-series-4-ai-tools-and-data">AI/ET Partnership Meeting on September 27</a><span class="MsoHyperlink"><span style="color: windowtext;"> this week explored the many ways that AI is shaping the
work of both the USPTO and those who practice before us, along with the role of
USPTO data in advancing state-of-the-art AI research and AI throughout the
innovation economy. Attendees heard from a distinguished and diverse lineup of
AI researchers, IP practitioners, USPTO technologists, and interagency
partners. </span></span>And our economists demonstrated some of
our AI data and research initiatives.</p><p class="MsoNormal">Given the
rapid adoption of AI, we are moving swiftly and carefully – including on patent
examiner training. In our report, “<a href="https://www.uspto.gov/sites/default/files/documents/OCE-DH-AI.pdf"><span class="normaltextrun"><span style="mso-ascii-font-family:Calibri;mso-hansi-font-family:
Calibri;mso-bidi-font-family:Calibri;color:#0563C1">Inventing AI: Tracing the
diffusion of artificial intelligence with U.S. patents</span></span></a><span class="normaltextrun">,” we found that </span>AI is increasingly
important for invention, diffusing broadly across technologies, inventors,
organizations, and geography. For example, recently updated data from our
report indicates that around 80,000 of our utility patent applications in 2020
involved artificial intelligence – over 150% higher than in 2002. AI now
appears in more than 18% of all utility patent applications we receive. Illustrating
AI’s rapid diffusion across fields, patents containing AI appeared in about 9% of all
technologies examined by the USPTO in 1976, and spread to more than 50% by
2020. And, this data precedes what we have all seen in the past six
months. <span class="normaltextrun"><o:p></o:p></span></p><p class="MsoNoSpacing"><span class="normaltextrun">F</span>or many years, we have offered AI related training through our <a href="http://www.uspto.gov/PatentExaminerTechTraining">Patent
Examiner Technical Training Program</a> (PETTP) and
<a href="https://www.uspto.gov/patents/initiatives/site-experience-education-see-program?MURL=SiteExperienceEducation">Site Experience Education Program</a>. <span class="normaltextrun">In fiscal year 2023, through PETTP, we held over 200 AI
training courses, which were viewed over</span><span class="eop"> 8,000 times by
our examiners. </span>These programs keep patent examiners up to date on the
latest technological developments, emerging trends, and recent innovations,
including in AI. Examiners hear from and engage directly with scientists,
engineers, and other experts from universities and innovative organizations, to
learn the latest on the various technologies examined throughout the USPTO. Additionally,
through a new partnership with Carnegie Mellon University, we are rolling out a
21-course curriculum over the next few months on AI for patent examiners tailored
to their own needs. And we will soon launch a new Premier Lecture Series, bringing
AI experts to share their insights with USPTO personnel to help strengthen our
examination process. If you have expertise in AI, reach out to us at <a href="mailto:aipartnership@uspto.gov"><span style="color: rgb(35, 82, 124);">aipartnership@uspto.gov</span></a>! </p><p class="MsoNoSpacing"><span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">As for our other critical work, we are working to assess how
our stakeholders’ use of AI impacts the work we do and, after </span><a href="https://www.federalregister.gov/documents/2023/02/14/2023-03066/request-for-comments-regarding-artificial-intelligence-and-inventorship">hearing from you on inventorship</a><span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">, we are working
to provide clarity on inventorship for AI-assisted inventions</span><span style="mso-ascii-font-family:Calibri;mso-fareast-font-family:Calibri;
mso-hansi-font-family:Calibri;mso-bidi-font-family:Calibri;color:#222222">, to
be followed by working with you </span>on obviousness and other key areas of IP law that need attention in
view of AI.</p><p class="MsoNoSpacing"><span style="color: rgb(34, 34, 34); background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">As we work
on our own AI efforts and outreach, we coordinate closely with other agencies
on their efforts, such as </span><span class="eop">the U.S. Copyright Office</span><span class="eop"> (USCO)<span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">, who recently</span> issued at </span><a href="https://www.govinfo.gov/content/pkg/FR-2023-08-30/pdf/2023-18624.pdf">notice of inquiry (NOI)</a> on
copyright and AI. As the Administration's IP advisor and
close partner with the USCO, the USPTO is looking forward to working with the USCO
on these important issues as they gather public input and feedback related to
AI and copyright.<span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;"> </span><a href="https://www.govinfo.gov/content/pkg/FR-2023-09-21/pdf/2023-20480.pdf">Initial written comments are due by 11:59 p.m. Eastern
Time on October 30, 2023. Reply comments are due by 11:59 p.m. eastern time on
November 29, 2023</a><span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">.</span> Your feedback to
the NOI is critical. We will use your feedback and the USCO’s findings to advise
the Administration on policy around copyright and AI.</p><p class="MsoNoSpacing">In addition, the National Institute of
Standards and Technology (NIST) recently published a <a href="https://www.nist.gov/news-events/news/2023/09/nist-seeks-input-implementation-national-standards-strategy-critical-and">request for information</a> seeking
public input on how best to implement the <a href="https://www.whitehouse.gov/wp-content/uploads/2023/05/US-Gov-National-Standards-Strategy-2023.pdf">U.S. Government National Standards Strategy for Critical and Emerging
Technology</a>. And, we published a parallel <a href="https://www.federalregister.gov/documents/2023/09/11/2023-19667/joint-ita-nist-uspto-collaboration-initiative-regarding-standards-notice-of-public-listening-session">request for comment</a> alongside NIST and
the International Trade Administration (ITA) focusing on the intersection of
those standards and IP. From AI to quantum technologies, NIST, ITA and the
USPTO have been collaborating very closely at the intersection of standards,
innovation and IP. The response dates for both requests is November 6, 2023.</p><p class="MsoNoSpacing">Stay tuned as there is more on AI to come! For any questions or feedback on our AI efforts, or to suggest a topic for a future meeting, please contact <a href="mailto:aipartnership@uspto.gov" target="_blank">aipartnership@uspto.gov</a>.</p><p class="MsoNormal" style="line-height:105%"><i><o:p></o:p></i></p>
https://www.uspto.gov/blog/director/entry/what-to-expect-from-our
What to expect from our new trademark search system (and why we’re replacing TESS)
OCCO
2023-09-25T11:18:36-04:00
2023-09-25T15:27:33-04:00
<p></p><p><i>Guest blog by Dave Gooder, Commissioners for Trademarks</i></p><p><img alt="image alternate text" src="https://www.uspto.gov/blogdata/img/trademarksearch682.jpg"></p>
<p class="MsoNormal">The Trademark Electronic Search System (TESS)
has been a fixture of the USPTO’s information technology portfolio for decades. Those of us
in the trademark community have grown accustomed to it, and perhaps even grown fond
of it over the years. Maybe you have field tags and design search codes
memorized, and you can formulate complex search strings to pull up the exact
mark you’re looking for in a snap.</p><p class="MsoNormal">Although TESS has served us well, its long tenure is ending in
November. The Bibliographic Retrieval System that has
underpinned our internal and external search systems since 1993 is now outdated. On the
bright side, we now have an opportunity to provide a more stable, modern search
experience that can grow and
adapt to the ever-evolving needs of the trademark community.</p><p class="MsoNormal">Our new search
system <a href="https://www.uspto.gov/about-us/news-updates/introducing-usptos-new-cloud-based-trademark-search-system-basic-and-advanced" style="background-color: rgb(255, 255, 255);">recently
launched in beta</a> and we need your help to further its development. Our priority now, especially in the beta phase, is
listening to your perspective on what works and what doesn’t, in order to
optimize your search experience. To this end, I encourage you to use, learn,
and express your feedback and suggestions on the new search. Your feedback will
guide how we prioritize and develop updates beginning in 2024 and continuing
for the life of the search system.</p><p class="MsoNormal">We understand that acclimating to a new interface and search
syntax takes time and look forward to holding several virtual events to help you
get familiar with the new system:<br></p><p class="MsoNormal"><o:p></o:p></p><p class="MsoListParagraphCxSpFirst" style="margin-left:.25in;mso-add-space:auto;
text-indent:-.25in;mso-list:l0 level1 lfo1"><!--[if !supportLists]--><span style="font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol">·<span style="font-variant-numeric: normal; font-variant-east-asian: normal; font-variant-alternates: normal; font-kerning: auto; font-optical-sizing: auto; font-feature-settings: normal; font-variation-settings: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";">
</span></span><!--[endif]--><a href="https://www.uspto.gov/about-us/events/demo-new-trademark-search-system-0">Demo
of the new trademark search system</a>, September 26, 11 a.m. to noon ET<o:p></o:p></p><p class="MsoListParagraphCxSpMiddle" style="margin-left:.25in;mso-add-space:
auto;text-indent:-.25in;mso-list:l0 level1 lfo1"><!--[if !supportLists]--><span style="font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol">·<span style="font-variant-numeric: normal; font-variant-east-asian: normal; font-variant-alternates: normal; font-kerning: auto; font-optical-sizing: auto; font-feature-settings: normal; font-variation-settings: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";">
</span></span><!--[endif]--><a href="https://www.uspto.gov/about-us/events/demo-new-trademark-search-system-1">Demo
of the new trademark search system</a>, September 28, 3-4 p.m. ET</p><p class="MsoListParagraphCxSpMiddle" style="margin-left:.25in;mso-add-space:
auto;text-indent:-.25in;mso-list:l0 level1 lfo1"><!--[if !supportLists]--><span style="font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol">·<span style="font-variant-numeric: normal; font-variant-east-asian: normal; font-variant-alternates: normal; font-kerning: auto; font-optical-sizing: auto; font-feature-settings: normal; font-variation-settings: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";">
</span></span><!--[endif]--><a href="https://www.uspto.gov/about-us/events/federal-trademark-searching-basics">Federal
trademark searching: Basics</a>, October 2, 2-3:30 p.m. ET<o:p></o:p></p><p class="MsoListParagraphCxSpLast" style="margin-left:.25in;mso-add-space:auto;
text-indent:-.25in;mso-list:l0 level1 lfo1"><!--[if !supportLists]--><span style="font-family:Symbol;mso-fareast-font-family:Symbol;mso-bidi-font-family:
Symbol">·<span style="font-variant-numeric: normal; font-variant-east-asian: normal; font-variant-alternates: normal; font-kerning: auto; font-optical-sizing: auto; font-feature-settings: normal; font-variation-settings: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: "Times New Roman";">
</span></span><!--[endif]--><a href="https://www.uspto.gov/about-us/events/federal-trademark-searching-advanced-techniques">Federal
trademark searching: advanced techniques</a>, October 16, 2-3:30 p.m. ET</p><p class="MsoNormal">Thank you for the valuable feedback you’ve provided thus
far, and please keep it coming. As we strive to transform your search
experience for the better and to strengthen our IT infrastructure, we’re
grateful for your support and engagement. </p><p class="MsoNormal"><o:p></o:p></p>
https://www.uspto.gov/blog/director/entry/how-the-domicile-address-requirement
How the domicile address requirement advances our trademark anti-fraud efforts
OCCO
2023-08-30T10:46:35-04:00
2023-08-30T13:02:57-04:00
<p class="MsoNormal"><i>Guest blog by Dave Gooder, Commissioner for Trademarks</i><o:p></o:p></p><p><img alt="image alternate text" src="https://www.uspto.gov/blogdata/img/inta682.jpg"></p><p class="MsoNormal"><i>Director Kathi Vidal and Commissioner for Trademarks Dave
Gooder speak to stakeholders at the International Trademark Association meeting<o:p></o:p></i></p>
<p></p><p class="MsoNormal">We recently issued an <a href="https://www.uspto.gov/sites/default/files/documents/TM-ExamGuide-3-23.pdf" style="background-color: rgb(255, 255, 255);">examination
guide</a> to clarify the steps examining attorneys must take to evaluate the
validity of a trademark applicant’s “domicile” as included in their
application. This requirement is also a key part of our comprehensive effort to
fight trademark filing fraud. In this blog, we offer a little more about what
it is, why it’s so important, and what you can do to help. <br></p><p class="MsoNormal"><o:p></o:p></p><p class="MsoNormal">First, a little background: The Lanham Act requires us to
collect an applicant’s domicile information, and we do so via their domicile
address. An applicant’s domicile address depends on whether they are a natural
person or an entity (such as a corporation). For an individual, domicile means
the place where the person resides and intends as their principal home. For a
juristic person, e.g., a corporation or partnership, domicile means the
principal place of business where the senior executives or officers ordinarily
direct and control the activities of the business. Prior to 2019, USPTO presumed
that the applicant’s listed address was the applicant’s domicile and we did not
refuse customers who provided PO boxes. <o:p></o:p></p><p class="MsoNormal">In 2019, to better combat the rapidly rising number of trademark scams that were impacting both our customers and us, and to improve accountability for the accuracy of information provided in applications, we issued notice and comment rulemaking and subsequently began <a href="https://www.uspto.gov/trademarks/laws/trademark-rule-requires-foreign-applicants-and-registrants-have-us">requiring trademark applicants and
registrants based overseas to be represented by a U.S.-licensed attorney</a><span class="MsoHyperlink"> </span><a href="https://www.uspto.gov/trademarks/laws/trademark-rule-requires-foreign-applicants-and-registrants-have-us" target="_blank">(also known as the “U.S. Counsel Rule”)</a>. At that time, due to our need to enforce
the U.S. Counsel Rule and the heightened risk of its abuse, we began requiring
a street address for the domicile address. <o:p></o:p></p><p class="MsoNormal">In a world where bots and anyone or anything can file a
trademark application, the U.S. Counsel Rule helps us determine whether or not
the applicant is indeed a real person who either lives or has authorized
representation in the United States. It also helps us know if an applicant
needs to appoint a new attorney if they decide to change counsel.<o:p></o:p></p><p class="MsoNormal">Unfortunately, the U.S. Counsel Rule has not stopped some
determined scammers who seek to evade the requirement for domicile. Since 2019,
we’ve issued 258 final orders for sanctions for violations of the U.S. Counsel
Rule that terminated 18,789 invalidly filed applications and sanctioned 3,297
registrations. This includes thousands of incidents where foreign applicants
have used the same false U.S. address to avoid having to hire a U.S.-licensed
attorney, or where they appear to have hijacked U.S. attorney credentials and
added those credentials without the attorney’s awareness or permission to
applications in order to create the appearance that they have hired U.S.
counsel. <o:p></o:p></p><p class="MsoNormal">Our review of suspicious submissions has even revealed U.S.-licensed
attorneys cooperating with foreign filing mills who are filing applications
that violate <a href="https://www.ecfr.gov/current/title-37/chapter-I/subchapter-A/part-2">USPTO
Rules of Practice</a>, including the rules on signatures and certifications,
and the Rules of Professional Conduct. A domicile address is crucial to
combatting these scams.<o:p></o:p></p><p class="MsoNormal">Importantly, if an individual feels like their personal
safety is at risk if the domicile address appeared in publicly viewable fields,
we provide them the option to redact the domicile address by filing a <a href="https://www.uspto.gov/trademarks/apply/filing-petition-form">Petition to the
Director</a>. Additionally, we are committing new resources and teams to
strengthen and uphold the integrity of our IT systems. <o:p></o:p></p><p class="MsoNormal">The significant and dangerous problems posed by trademark scams
and application fraud should serve as a clarion call to our entire trademark community.
That’s why we ask for all those in the community to consider ways they can
support these efforts. We welcome all ideas at <a href="mailto:TMScams@uspto.gov">TMScams@uspto.gov</a>, and we look forward to even
more opportunities to hear from you on this and other important anti-fraud
initiatives.<o:p></o:p></p><p>
</p><p class="MsoNormal">We are humbled and honored to serve this incredible
community that is driving our nation’s economy through the development of new
brands and the business growth that is fueled by strong trademarks. We are grateful for your support. <o:p></o:p></p>
https://www.uspto.gov/blog/director/entry/working-globally-to-address-climate
Working globally to address climate change through sustainable innovation
USPTO
2023-08-09T15:29:05-04:00
2023-08-09T15:29:05-04:00
<p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i></p><p><i><img alt="Group photo of leaders of top five intellectual property offices at the annual IP5 meeting" src="https://www.uspto.gov/blogdata/img/ip5group.jpg"></i><br></p><div><i>The USPTO hosted the leaders of the five largest intellectual property offices of the world, as well as the World Intellectual Property Organization, at their annual meeting, this year focused on sustainability. (Photo by Michael Cleveland/USPTO)</i></div><div><i><br></i>Recently, I had the privilege of hosting the leaders of the largest intellectual property (IP) offices in the world – the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the China National Intellectual Property Administration (CNIPA), along with the World Intellectual Property Organization (WIPO), for the annual meeting of the <a href="https://www.fiveipoffices.org/" target="_blank">IP5</a>, which took place in Hawai’i. I then led the USPTO delegation to the <a href="https://www.wipo.int/about-wipo/en/assemblies/2023/a-64/index.html" target="_blank">64th Assemblies of the Member States of WIPO</a>, an annual meeting with over 190 international IP offices from around the world in Geneva, Switzerland. </div><div><br>One topic of international concern to us all was how to work together to support sustainable innovation and as we look to solve global climate change. There is a pressing need for more innovation in the green tech space, and we need new technologies to mitigate the effects climate change. This is an international issue that affects all of us, and we discussed how we can work together to bring sustainable innovations to global impact.</div><div><br></div><p><i></i></p><p><i><img alt="Group photo of speakers at sustainability innovation dialogue" src="https://www.uspto.gov/blogdata/img/sustainabilitydialogue682.jpg"></i></p><div><i>The sustainability innovation dialogue during IP5 focused on connecting with others across the globe, sharing information on fostering climate-friendly innovations, and working together to scale these efforts (Photo by Michael Cleveland/USPTO)</i></div><div><i><br></i>During our <a href="https://www.uspto.gov/about-us/sustainable-innovation-dialogue-exploring-relationship-between-ip-and-climate-change" target="_blank">sustainable innovation dialogue</a> at IP5, we discussed how we can work together towards a goal of net-zero carbon emissions to help mitigate climate change and preserve our environment. The IP5 leaders shared information on initiatives that encourage patent filings in climate technologies in their countries, streamline examination, and encourage eco-friendly efforts, such as paperless filing and energy efficiency. We brought together innovators, accelerators, and funders, as well as our sister agency, the National Oceanic and Atmospheric Administration (NOAA), to determine how we can be a catalyst to bring climate change technologies from research to the marketplace. <a href="https://www.fiveipoffices.org/20220609" target="_blank">Read more</a> about the joint commitment to this important issue, and learn about current trends and programs across the IP5 countries in the <a href="https://www.fiveipoffices.org/sites/default/files/2023-07/IP5%20Climate%20Initiatives%20Booklet%20%20July%2020%202023.pdf" target="_blank">Climate Initiatives Booklet</a>.</div><div><br></div><div><i><p><img alt="USPTO and German Patent and Trademark Office delegations at WIPO General Assemblies" src="https://www.uspto.gov/blogdata/img/usptogermanpatentoffice.jpg"></p>The USPTO delegation met with a number of IP offices at the General Assemblies, including the delegation from the German Patent and Trade Mark Office, pictured here.</i></div><div><br></div><div>In my remarks at the General Assemblies, I also underscored the need for greater international collaboration to advance green technology. The USPTO delegation and I participated in a number of valuable bilateral meetings, including with the European Union Intellectual Property Office, the United Kingdom Intellectual Property Office, the German Patent and Trade Mark Office, and Canadian Intellectual Property Office, Intellectual Property India, the Turkish Patent Office, and more. We committed to additional conversations with Canada, India, the UK, and WIPO on how we can work together to incentivize and commercialize green innovation.</div><div><br></div><div><i><p><img alt="Director Vidal and CEO of the Canadian IP Office Konstantinos Georgaras" src="https://www.uspto.gov/blogdata/img/usptocanadawipo.jpg"></p>Director Vidal and Konstantinos Georgaras, Chief Executive Officer of the Canadian IP Office</i></div><div><br></div><div>Our work ties directly into the administration’s priority to reach <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/11/04/fact-sheet-biden-harris-administration-makes-historic-investment-in-americas-national-labs-announces-net-zero-game-changers-initiative/" target="_blank">net-zero greenhouse gas emissions</a>. For example, we are expanding and deepening our work with Canada to benefit all U.S. and Canadian citizens and businesses. Following on the heels of the North America Leader’s Summit between President Biden, Prime Minister Trudeau, and President Lopez Obrador, we are working on initiatives to leverage IP to drive North America’s economic competitiveness, promote inclusive growth and prosperity, and respond to the global climate crisis.</div><p><i></i></p><p><i><img alt="The IP5 leaders visit the NOAA Inouye Center" src="https://www.uspto.gov/blogdata/img/noaacenter682.jpg"></i></p><div><div><i>During the IP5 leaders’ visit to NOAA’s <a href="https://www.noaa.gov/irc/scienceiscool" target="_blank">Inouye Regional Center</a>, they saw a system at work detecting an earthquake developing near the coast of Oaxaca, Mexico (Photo by Michael Cleveland/USPTO)</i></div><div><br></div><div>At the USPTO, in the last year alone, we have established new programs to address climate change. We announced a new <a href="https://www.uspto.gov/trademarks/trademarks-humanity-awards-program" target="_blank">Trademarks for Humanity Awards Program</a>, <a href="https://www.uspto.gov/about-us/news-updates/uspto-announces-new-patents-humanity-green-energy-category" target="_blank">Patents for Humanity Green Energy category</a>, and <a href="https://www.uspto.gov/about-us/news-updates/uspto-becomes-partner-international-green-technology-platform-wipo-green-0" target="_blank">partnership with the World Intellectual Property Organization’s WIPO GREEN Program</a>. And we recently <a href="https://www.uspto.gov/about-us/news-updates/uspto-expands-and-extends-climate-change-mitigation-pilot-program" target="_blank">announced</a> the extension and expansion of our <a href="https://www.uspto.gov/patents/laws/patent-related-notices/climate-change-mitigation-pilot-program" target="_blank">Climate Change Mitigation Pilot Program</a>, which accelerates the examination of patent applications for innovations that mitigate climate change. We have now expanded the eligibility requirements to encompass a more robust group of innovations in any economic sector that advance progress toward achieving net-zero greenhouse gas emissions. </div><div><br></div><div>We also have a <a href="https://www.uspto.gov/about-us/news-updates/noaa-us-patent-and-trademark-office-create-work-sharing-program-advance-green" target="_blank">work-sharing program</a> with NOAA that focuses on the intersection of IP and climate and environmental technologies. USPTO expertise helps NOAA provide intellectual property training for its scientific workforce. In return, NOAA provides climate science training to USPTO patent examiners and advises the USPTO on future green initiatives. We are already seeing the <a href="https://www.uspto.gov/blog/director/entry/patenting-innovation-in-climate-science" target="_blank">benefits of this collaboration</a>, and I cannot wait to see where it leads in the future.</div><div><br></div><div>We recognize the importance of connecting with industry to encourage partnership opportunities that advance technologies that fight climate change. That is why we recently held a <a href="https://www.uspto.gov/about-us/events/green-energy-innovation-expo" target="_blank" style="background-color: rgb(255, 255, 255);">Green Energy Innovation Expo</a> in Alexandria, Virginia, in collaboration with the Federal Laboratory Consortium and AUTM. The event brought together businesses, universities, and startups—offering a wide range of green energy technologies for licensing, including green hydrogen, energy storage, and wind energy. Attendees participated in matchmaking sessions to consider potential partnership opportunities. Stay tuned for more events focused on sustainable innovation!</div><div><br></div><div>This year’s IP5 meeting and General Assemblies advanced our efforts to work across borders to effectively address world problems such as climate change. Together, we can incentivize and widen access to the intellectual property system for innovators in all communities who are on the cutting edge of technologies that will help build a sustainable future. </div></div>
https://www.uspto.gov/blog/director/entry/supporting-our-military-community
Supporting our military community
OCCO
2023-08-01T11:20:23-04:00
2023-08-01T11:20:23-04:00
<p><span></span><i>Note: This blog originally published on the <a href="https://www.commerce.gov/news/blog/2023/07/supporting-our-military-community" target="_blank">Commerce blog</a>.</i></p><p class="MsoNoSpacing" style="box-sizing: inherit; color: rgb(27, 27, 27); font-family: "Source Sans Pro Web", "Helvetica Neue", Helvetica, Roboto, Arial, sans-serif; font-size: 16.8px;"><img alt="USPTO staff Alford Kindred and Harry Kim share entrepreneurship resources with military personnel and spouses at Hanscom Air Force Base" src="https://www.uspto.gov/blogdata/img/Hanscommain682.jpg" style="color: rgb(0, 0, 0); font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14px;"></p><p class="MsoNormal"><i>USPTO staff Alford Kindred and Harry Kim share entrepreneurship resources with military personnel and spouses at Hanscom Air Force Base (Photo courtesy of Todd Maki, Hanscom Air Force Base)</i></p><p>Last week, Secretary of Commerce Gina Raimondo joined Under Secretary of Commerce for Intellectual Property and Director of the USPTO Kathi Vidal at Hanscom Air Force Base, Massachusetts, for an <a href="https://www.uspto.gov/about-us/events/entrepreneurship-essentials-workshop-and-resource-fair-1" target="_blank">Entrepreneurship Essentials Workshop and Resource Fair</a>.<br></p><p class="MsoNormal">Over 100 military personnel, military spouses, and veterans attended in-person, with hundreds more online, as they heard from experts in business development and intellectual property (IP). Successful military spouses and veteran entrepreneurs discussed how they started businesses, and the resources and tools that helped them. From honing a business plan to protecting a brand and ideas, to market analysis and financing, the event included tips and resources on every angle of entrepreneurship. </p><p class="MsoNormal">“We want to figure out how to get the resources that we have within the Commerce Department, including at the USPTO, to assist veterans and their families,” Secretary Raimondo said.</p><p class="MsoNormal">Just a few weeks ago, President Biden signed an <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/09/fact-sheet-biden-harris-administration-announces-sweeping-executive-actions-to-strengthen-economic-opportunity-for-military-and-veteran-spouses-caregivers-and-survivors/" target="_blank">executive order</a> to boost the economic and career prospects for military spouses and veterans, including service members approaching retirement.</p><p><img alt="Secretary Raimondo greets Kim Howell, master of ceremonies for the Entrepreneurship Essentials Workshop and Resource Fair, and U.S. Coast Guard spouse" src="https://www.uspto.gov/blogdata/img/HanscomRaimondo682.jpg"></p><p class="MsoNormal"><i>Secretary Raimondo greets Kim Howell, master of ceremonies for the Entrepreneurship Essentials Workshop and Resource Fair, and U.S. Coast Guard spouse (Photo courtesy of Todd Maki, Hanscom Air Force Base)</i></p><p class="MsoNoSpacing" style="box-sizing: inherit;">“President Biden is incredibly serious about supporting our service veterans and their loved ones,” Secretary Raimondo said in her remarks at Hanscom. “He has tasked each of us in his Cabinet about being proactive.”</p><p class="MsoNoSpacing" style="box-sizing: inherit;">Along these lines, the Secretary added, “the question is, what can we do at the Commerce Department?”<br></p><p class="MsoNormal">The answer, according to Secretary Raimondo, is for the Department to help veterans and their loved ones start businesses. She pointed out that the unemployment rate among military spouses is approximately 22% -- much higher than the national unemployment rate. Starting small businesses can help to reduce that spousal unemployment rate, while giving veterans and their families flexibility.<br></p><p class="MsoNormal">Also during the half-day event, Director Vidal pointed to the success that Hanscom has had with its <a href="https://www.hanscom.af.mil/News/Article-Display/Article/2901605/pitch-it-program-simplifies-engagement-with-hanscom-organizations/" target="_blank">Pitch It program</a>. The program <a href="https://www.hanscom.af.mil/Hanscom-Innovation-Team/" target="_blank">consolidates a wide range of technology market research functions</a>, eliminating duplication and easing the pathway to public-private innovation.<br></p><p class="MsoNormal">“I was thrilled to learn about the work of the Hanscom Innovation Team, and the success you’ve had with your new Pitch It program,” Director Vidal told the Hanscom event on July 28. “We’d love to see it replicated throughout the country.”<br></p><p class="MsoNormal">“Entrepreneurship can be a game-changer for military spouses and for veterans,” said Director Vidal.<br></p><p class="MsoNormal">“For service members who are on the brink of making a leap into the civilian world, starting a business can be a viable second career.”<br></p><p><img alt="Director of the USPTO Kathi Vidal (left) speaks with Air Force veteran and entrepreneur Liseth Velez during a panel on business development resources" src="https://www.uspto.gov/blogdata/img/HanscomVidal682.jpg"></p><p class="MsoNormal"><i>Director of the USPTO Kathi Vidal (left) speaks with Air Force veteran and entrepreneur Liseth Velez during a panel on business development resources (Photo courtesy of Todd Maki, Hanscom Air Force Base)</i></p><p class="MsoNormal">These efforts align with First Lady Jill Biden and the White House’s <a href="https://www.whitehouse.gov/joiningforces/" target="_blank">Joining Forces Initiative</a>, which centers on employment and entrepreneurship; military child education; and health and well-being. The USPTO is working to support transitioning service members, military family members, and veterans to bring their innovations to life, build businesses, and protect their creations’ IP.<br></p><p class="MsoNormal">Across multiple agencies, including at the Commerce Department, the federal government under President Biden’s <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/09/fact-sheet-biden-harris-administration-announces-sweeping-executive-actions-to-strengthen-economic-opportunity-for-military-and-veteran-spouses-caregivers-and-survivors/" target="_blank">June 2023 executive order</a> has been working to “increase the economic security of military and veteran spouses, caregivers, and survivors.”<br></p><p class="MsoNormal">The “bottom line is, we want to help you, we want to help you start a business, we want to help you grow your IP,” Secretary Raimondo told the military audience. “All the resources at the Commerce Department are available to you.”<br></p> <p>Throughout the U.S., veterans own nearly two million businesses, which employ more than 5.2 million Americans, according to U.S. Census figures. At the USPTO, almost 10% of its 13,000-strong workforce is comprised of veterans, noted Director Vidal, whose father was both a veteran and an entrepreneur. <br></p><p class="MsoNormal">If you are affiliated with the military and interested in starting your own businesses, visit the USPTO’s <a href="https://www.uspto.gov/initiatives/entrepreneurship-resources-military-community" target="_blank">entrepreneurship resources for the military community page</a> or contact <a href="mailto:militaryoutreach@uspto.gov" target="_blank">militaryoutreach@uspto.gov</a>.<br></p><p class="MsoNormal"><o:p></o:p></p>
https://www.uspto.gov/blog/director/entry/patenting-innovation-in-climate-science
Patenting innovation in climate science
USPTO
2023-06-27T07:39:44-04:00
2023-06-27T07:39:44-04:00
<p><i>Note: This blog originally published on the <a href="https://research.noaa.gov/2023/06/21/patenting-innovation-in-climate-science/" target="_blank">NOAA Research blog</a>.</i></p><p><i><img alt="Parkiha Mehta views new technology at NOAA laboratory" src="https://www.uspto.gov/blogdata/img/Parikha1682.jpg"></i></p><p></p><p><i>Parikha Mehta and Wayne Mackenzie discussing Dr. Bianca Baier’s innovative <a href="https://gml.noaa.gov/ccgg/aircore/" target="_blank">AirCore atmospheric sampling device</a> and the <a href="https://research.noaa.gov/2023/06/13/revolutionary-noaa-high-altitude-research-tool-passes-key-milestone/" target="_blank">HORUS glider</a> at the NOAA <a href="https://gml.noaa.gov/" target="_blank">Global Monitoring Laboratory</a> in April 2023. Credit: NOAA</i></p><p><b>A Q&A with Parikha Mehta from the U.S. Patent and Trademark Office</b></p><p>Parikha Mehta has spent the last four months focused on the intersection of intellectual property and climate and environmental technologies while on an employee exchange (known as a detail) <a href="https://research.noaa.gov/2023/02/25/noaa-us-patent-and-trademark-office-create-work-sharing-program-to-advance-green-technology/" target="_blank">at NOAA from the U.S Patent and Trademark Office</a> (USPTO). Her goal: Help researchers understand the importance of protecting their inventions so that NOAA’s research and technology can better serve the public and inspire future innovation. </p><p>The work overlaps with her usual job as a senior patent examination policy advisor at USPTO. “In my USPTO role, I focus on advising all types of stakeholders on our patent policy– soup to nuts of the whole patent process,” she says.</p><p>At NOAA, Mehta visited labs and fisheries science centers and interviewed researchers about their knowledge of the patent process and technology transfer. </p><p>We sat down to ask her about her experience, and intellectual property issues. </p><p><b>How did you hear about the employee exchange opportunity with NOAA? What motivated you to apply?</b></p><p>I heard about this opportunity through the USPTO detail announcement program; our agency is really supportive of career development through short-term reassignment opportunities. My background is in science and engineering, and I was excited for the chance to spend some time a little closer to that. I was also eager to share my knowledge of patent law and policy to hopefully help people who are trying to solve problems I care about personally. Before I started this detail, I knew broadly that NOAA was engaged in important research in a lot of different areas, but I didn’t appreciate the full scope of the agency’s impact until I got here. I’ve so enjoyed talking to the talented scientists and engineers here; meeting people and learning about their work has been incredibly rewarding, and also just a lot of fun. </p><p><b>Why is it important for researchers to patent inventions?</b></p><p>I’ve been inspired by how passionate NOAA researchers are about using science and engineering to help the public and the planet. Patents are a great vehicle for that, because they create a pathway for transforming innovation in the lab into something that the public can access and benefit from in day to day life. </p><p>Patents are also a tool for protecting the integrity of the important work that’s being done at NOAA. If somebody else tries to claim ownership of an idea, or use it in a way that doesn’t meet NOAA’s high standards, that can harm the agency and the public. Patents can provide insurance against those things. For example, I met several NOAA researchers who are working on innovative tools for collecting improved data from the ocean or the atmosphere. If those tools are patented, NOAA can confidently share them for broader public use knowing there is a measure of protection against anyone else distributing sub-standard knockoffs or erasing NOAA’s rightful credit for that innovation.</p><p><b>What is holding people back? Why do you think people don’t seek out a patent?</b></p><p>I think it’s mostly a matter of awareness. Scientists, engineers, and managers are often unfamiliar with how patents work, how they relate to federal research, and how to apply for them. The next two USPTO detailees will use what I’ve found to help NOAA’s research workforce learn about these topics, and hopefully help them feel more comfortable and confident when initiating discussions about how to protect NOAA inventions.</p><p><img alt="Parikha views an engingeering work in progress at NOAA lab" src="https://www.uspto.gov/blogdata/img/Parikha2682.jpg"></p><p></p><p><i> Dr. Paul Johnston showing Parikha an engineering work-in-progress in his lab at NOAA’s <a href="https://psl.noaa.gov/" target="_blank">Physical Sciences Lab</a> in April 2023. Credit: NOAA</i></p><p><b>What do you say to someone who is hesitant about patenting?</b></p><p>Researchers sometimes feel that their inventions aren’t suitable for filing a patent application because they are too niche, too specific to a particular problem they are trying to solve in their lab. They assume that nobody else is going to want or be able to use their invention,so they talk themselves out of trying to pursue a patent for it. To that, I would say don’t sell yourself short; no invention is too small. The <a href="https://techpartnerships.noaa.gov/" target="_blank">NOAA Technology Partnerships Office</a> has talented people who can guide that part of the decision making process; all you have to do is let them know you invented something, and they’ll help figure out the best path forward from there. </p><p><b>What has been the biggest surprise to you about NOAA and the culture here?</b></p><p>I don’t know if I would characterize this as surprising, but everyone’s strong mission identity and commitment to public service here has definitely made an impression on me. People show up to work here because they genuinely want to do good and help others; this really shone through in my interactions with every person I met at NOAA, not just the researchers. . It’s been wonderful, and probably one of the things I will remember most about this experience.</p><p><i>Mehta is the first of three USPTO employees assigned to NOAA this year. While Mehta’s been working at NOAA, another detailee has also gone from NOAA to USPTO to share climate science with their staff and advise on <a href="https://www.uspto.gov/about-us/news-updates/uspto-becomes-partner-international-green-technology-platform-wipo-green-0" target="_blank">USPTO green initiatives</a>. In a forthcoming article we will talk to that detailee about their experiences.</i></p>
https://www.uspto.gov/blog/director/entry/our-plan-for-the-future
Our plan for the future
OCCO
2023-06-07T10:19:03-04:00
2023-06-07T10:19:03-04:00
<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><i><span style="mso-ascii-font-family:Calibri;mso-fareast-font-family:
Calibri;mso-hansi-font-family:Calibri;mso-bidi-font-family:Calibri;color:#222222">Blog
by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and
Director of the USPTO </span></i></p><p><i><img alt="cartoon of various people conducting business" src="https://www.uspto.gov/blogdata/img/strategicplancoveroptimized2.jpg"></i></p><i> </i><p></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><span style="color: rgb(34, 34, 34);">It’s been a work in progress for many months, and today, I’m <a href="https://www.uspto.gov/about-us/news-updates/united-states-patent-and-trademark-office-releases-2022-2026-strategic-plan" target="_blank">excited to announce</a> the publication of our <a href="http://www.uspto.gov/StrategicPlan" target="_blank">2022-2026 Strategic Plan</a>. We gathered extensive comments from our employees, public advisory committees, IP industry groups, and the public to help shape this document into a clear and consistent plan. I’m grateful to everyone who provided feedback throughout the planning process to make this plan ambitious, focused, and relevant.</span><br></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><font color="#222222">This plan outlines our five strategic goals for the next few years: </font></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><font color="#222222">1.<span style="white-space:pre"> </span>Drive inclusive U.S. innovation and global competitiveness; </font></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><font color="#222222">2.<span style="white-space:pre"> </span>Promote the efficient delivery of reliable intellectual property (IP) rights; </font></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><font color="#222222">3.<span style="white-space:pre"> </span>Promote the protection of IP against new and persistent threats; </font></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><font color="#222222">4.<span style="white-space:pre"> </span>Bring innovation to impact for the public good; and</font></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><font color="#222222">5.<span style="white-space:pre"> </span>Generate impactful employee and customer experiences by maximizing agency operations. </font></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><font color="#222222">As you review the document, you’ll notice we’ve added measurable goal-based objectives to better quantify our continual progress. You’ll also see that we’ve modified our mission and vision to better reflect our position as America’s innovation agency.</font><br></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><i style="color: rgb(34, 34, 34);"><img alt="Mission: Drive US innovation, inclusive capitalism, and global competitiveness. Vision: Unleashing America's Potential" src="https://www.uspto.gov/blogdata/img/Missionvisionoptimized.jpg"></i><br></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><span style="color: rgb(34, 34, 34);">As I said in my <a href="https://www.uspto.gov/blog/director/entry/one-year-of-bringing-innovation" target="_blank">one-year anniversary blog</a>, my focus for the next 12 months is on impact. Between various engagement events and virtual feedback options, I’ve heard from thousands of you. We’ve listened. We’re reimagining our agency for the future. This plan clearly documents how we will achieve the greatest effects. </span></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
107%"><span style="color: rgb(34, 34, 34);">Every day, every one of us at the USPTO works to drive U.S. innovation, inclusive capitalism, and global competitiveness to unleash America’s limitless potential. I thank you all once again for joining us on this journey of evolution. As always, my virtual door remains open to you through the <a href="https://www.uspto.gov/about-us/engage-director" target="_blank">Engage with the Director page</a>. We appreciate you and look forward to working with you to meet—and even exceed—our goals!</span><br></p>
https://www.uspto.gov/blog/director/entry/ready-set-compete-how-we
Ready, set, compete! How we’re helping veterans and military family members innovate and start new businesses
OCCO
2023-05-25T14:08:36-04:00
2023-05-26T10:04:17-04:00
<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt"><i><span style="color: rgb(34, 34, 34); background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">Blog by Kathi Vidal, Under Secretary of
Commerce for Intellectual Property and Director of the USPTO</span></i> </p><p class="MsoNoSpacing"><i></i></p><p><i><img alt="Director Vidal with service members, military spouses, and veteran entrepreneurs at MacDill Air Force Base on March 29" src="https://www.uspto.gov/blogdata/img/macdill.jpg "></i></p><i>Director Vidal with service members, military spouses,
and veteran entrepreneurs at MacDill Air Force Base on March 29. (Photo by
Michael Cleveland/USPTO)</i><p></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt">America’s
inventors and entrepreneurs power our nation’s economy, competitiveness, and
security. Many of
America’s outstanding innovators and leaders are veterans. The skills they
gained from their service, including teamwork, integrity and being organized,
disciplined, adaptable, and focused, prepare them well for entrepreneurship. In
fact, veterans have a proven track record of
engaging in business ownership at higher rates than their peers in the civilian
sector.</p><p class="MsoNoSpacing">For service members preparing to
transition into the civilian world, starting a business can be a viable second
career. And for military spouses, self-employment can help provide professional
and economic stability to weather the constant change that the military
lifestyle brings. In alignment with First Lady Jill Biden and the White House’s
<a href="https://www.whitehouse.gov/joiningforces/">Joining Forces Initiative</a>
that centers on the three core pillars of employment and entrepreneurship,
military child education, and health and well-being, we are working to
encourage and support more transitioning service
members, military family members, and
veterans to bring their innovations to life, build successful businesses, and
protect their creations with intellectual property.</p><p class="MsoNoSpacing"></p><p><i><img alt="Charlynda Scales has a family legacy of service & innovation. An Air Force veteran, Scales is the founder and CEO of Mutt’s Sauce LLC®" src="https://www.uspto.gov/blogdata/img/charlyndascales.jpg"></i></p><i>Charlynda Scales has a family legacy of service & innovation.
An Air Force veteran, Scales is the founder and CEO of Mutt’s Sauce LLC</i><i>®,
created by her late grandfather and fellow veteran, Charlie “Mutt” Ferrell.</i><p></p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt">Take
Charlynda Scales. A U.S. Air Force veteran and entrepreneur, she is the founder
and CEO of Mutt’s Sauce LLC<i>®, “the sauce for every meal.” </i>Her late
grandfather and fellow Air Force veteran Charlie “Mutt” Ferrell originally
created the specialty sauce and left her the recipe, which she then turned into
a successful business. At our <a href="https://www.uspto.gov/about-us/events/veterans-innovation-and-entrepreneurship-program">Veterans
Innovation and Entrepreneurship Program</a> last year, <a href="https://www.youtube.com/watch?v=12-P3wENDfA&list=PL9BtHzl4w-dmgkq9blSoPsMhTj1CgdmY9&index=4">she
spoke</a> about how the skills she gained in the military helped her launch her
business. She offered the following advice for other veteran entrepreneurs: “When you have
served in the military and you decide you want to go into entrepreneurship, you
are strengthening the country by being a business owner. Holding on to your
core values, being a good person, and service before self - those things that
we learned in the military - that’s what sets you apart from everyone else.”</p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt">Growing up
in a career military family, my father served in the U.S. Navy as a senior
chief and I spent my childhood on military bases in the United States, Panama,
Germany, and the Azorean Islands (Portugal). I’m grateful for the opportunity to
connect with service members and their families, and share information about
the <a href="https://www.uspto.gov/blog/director/entry/free-resources-inventors-and-entrepreneurs">resources</a>
we provide at the USPTO – from trainings on patent and trademark basics to free
legal services – that can help them become successful entrepreneurs. Our goal
is simple: to shine a light on what starting a business looks like, what it
requires, and who you can turn to for help on your journey. </p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt"><i></i></p><p><i><i><img alt="Director Vidal met with service members and their families at Fort Bragg, NC, to discuss USPTO resources that can help them start their own businesses." src="https://www.uspto.gov/blogdata/img/fortbragg.jpg "></i></i></p><p><i><i>On
November 22, 2022, Director Vidal met with service members and their families
at Fort Bragg, NC, to discuss USPTO resources that can help them start their
own businesses.</i></i></p><p class="MsoNoSpacing">Recently, I met with military spouses and family members
at Fort Bragg, North Carolina and MacDill Air Force Base, Florida to discuss
essential skills every entrepreneur needs to know. And on June 9, we’ll be
holding an event at Joint Base Pearl Harbor-Hickam. During these events, we go
over the many aspects of entrepreneurship, from honing your business plan and
protecting your brand and ideas, to market analysis and financing. Our military
outreach events also feature successful military spouses and veteran business
owners who share their personal experiences in entrepreneurship. <a href="https://www.uspto.gov/about-us/engage-director" style="">Contact us</a> if you’re
interested in hosting one of these workshops in the future.</p><p><i><i><i><i><img alt="In September 2022, USPTO staff from the Rocky Mountain Regional Office staff visited the U.S. Air Force Academy (USAFA) in Colorado Springs, where they spoke to cadets in the SPARK academy, learned about their mechanical engineering and aeronautics research, and viewed their patent wall." src="https://www.uspto.gov/blogdata/img/patentwall.jpg"></i></i></i></i></p><i>In
September 2022,<b> </b>USPTO staff from the Rocky Mountain Regional Office
staff </i><i>visited the U.S. Air Force
Academy (USAFA) in Colorado Springs, where they spoke to cadets in the SPARK
academy, learned about their mechanical engineering and aeronautics research,
and viewed their patent wall.</i><br><p></p><p class="MsoNormal" style="margin-bottom: 0.0001pt; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">Our USPTO <a href="https://www.uspto.gov/about-us/uspto-office-locations" style="">regional offices</a>
also reach out across the country meeting innovators where they are with
resources to jumpstart their businesses. From in-person and virtual events to
networking opportunities, we are joining forces with local organizations and bringing entrepreneurship
training directly to the military community.</p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt">Dragon’s
Lair 8 competition finals at the University of South Florida on March 29 (Photo
by Michael Cleveland/USPTO)</p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt">I also had
the pleasure of serving as a judge in the latest Dragon’s Lair competition co-hosted
by the U.S. Special Operations Command and 18<sup style="">th</sup> Airborne Corps at the
University of South Florida’s Research and Innovation Park in Tampa, Florida. Now
in its eighth installment, service members from across the U.S. Department of
Defense (DOD) submitted their ideas for innovations to meet future challenges. The
eight finalists were selected from among 80 ideas that represented every
service within the DOD, and all ideas included developing intellectual
property. The
innovators really used their boots on the ground knowledge to see their
projects through and create concrete solutions for real problems the Army
currently faces. The <a href="https://www.dvidshub.net/news/441512/innovation-champion-3rd-infantry-division-soldiers-named-winners-dragons-lair-8" style="">winning innovation</a> was a mold conditions
awareness tool, a 3D-printed device that uses sensors to detect temperature and
humidity levels within barracks rooms to identify early signs of mold, presented
by U.S. Army 1st Lt. Chris Aliperti and Pvt. Salem Ezz from the 3rd Infantry
Division. Congratulations to all <a href="https://unum.nsin.us/xviii-airborne" style="">the finalists</a> in the competition
on their phenomenal ideas.</p><i><p style="margin: 0in 0in 0.0001pt; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;"><i></i></p><p><i><i><i><i><i><img alt="In October 2022, Director Vidal held a discussion with the USPTO’s Military Association’s President Alford Kindred on work life balance at the USPTO." src="https://www.uspto.gov/blogdata/img/uma.jpg"></i></i></i></i></i></p></i><p></p><i>In October 2022, Director Vidal held a discussion with the
USPTO’s Military Association’s President Alford Kindred on work life balance at
the USPTO. (Photo by Michael Cleveland/USPTO)</i><p></p><p class="MsoNoSpacing">We also actively recruit veterans, and they play an
integral part of our operations at the USPTO. Many veterans have chosen to
continue their invaluable service to our country by joining the USPTO, and they
contribute to our mission across our agency in the areas of science and
engineering, information technology, contracts, procurement, finance,
administration, project and program management customer support, and more. In fiscal year 2022, 11% of our
new hires were veterans. Learn more about <a href="https://www.uspto.gov/jobs/veteran-hiring-program">veteran hiring at the USPTO</a>.<o:p></o:p></p><p class="MsoNoSpacing"><span style="color: rgb(34, 34, 34);">Expanding our outreach to military families and veterans is more
important than ever. </span>By highlighting opportunities and creating more connections to
resources to promote self-employment, we can help create a new era of economic
stability and professional portability for military spouses and our veterans
who have served.</p><p class="MsoNoSpacing"><span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">If you are affiliated with the military and interested
in starting your own businesses or joining our workforce, we are eager to serve
you. To learn more, visit our new page on </span><a href="https://www.uspto.gov/initiatives/entrepreneurship-resources-military-community" target="_blank" style="background-color: rgb(255, 255, 255);">entrepreneurship resources for themilitary community</a> or contact us at <a href="mailto:militaryoutreach@uspto.gov" target="_blank" style="background-color: rgb(255, 255, 255);">militaryoutreach@uspto.gov</a>.<span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;"><b> </b></span><span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;">You can also connect with a </span><a href="https://www.uspto.gov/about-us/uspto-office-locations" style="background-color: rgb(255, 255, 255);">regional USPTO office</a><span style="background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial;"> near you, </span>check out our <a href="http://bit.ly/2ndsf1K" style="background-color: rgb(255, 255, 255);">free resources for inventors and entrepreneurs</a>,
and <a href="https://www.uspto.gov/about-us/events" style="background-color: rgb(255, 255, 255);">view our upcoming programs</a>.
And stay tuned for our popular <a href="https://www.uspto.gov/about-us/events/veterans-innovation-and-entrepreneurship-program" style="background-color: rgb(255, 255, 255);">Veterans
Innovation and Entrepreneurship program</a> hosted each November.</p><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt"><o:p></o:p></p>
https://www.uspto.gov/blog/director/entry/patent-pro-bono-program-expands
Patent Pro Bono Program expands and reaches underserved populations with free legal services
USPTO
2023-05-22T08:42:46-04:00
2023-05-22T09:36:28-04:00
<p><i>Guest blog by Derrick Brent, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office</i></p><p><img alt="Deputy Director Brent discussed USPTO resources, including the Patent Pro Bono Program, in a fireside chat with Leshell Hatley" src="https://www.uspto.gov/blogdata/img/morganstate.jpg"></p><i>Deputy Director Brent discussed USPTO resources, including the Patent Pro Bono Program, in a fireside chat with Leshell Hatley, Executive Director, Uplift, Inc. at Morgan State University in Baltimore, during the USPTO’s <a href="https://www.uspto.gov/about-us/events/black-innovation-and-entrepreneurship" target="_blank">Black Innovation and Entrepreneurship program</a> (Photo by Jay Premack/USPTO)</i><p></p><p>Over the past few months, I have been visiting cities across the country on a nationwide tour to share information about our <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program" target="_blank">Patent Pro Bono Program</a> and other free and useful services for entrepreneurs. From Wake Forest University to Historically Black Colleges and Universities such as Morgan State, North Carolina A&T and Howard University, Director Vidal and I have been meeting and connecting with pro bono service providers, entrepreneurs, and students to discuss issues such as the value of intellectual property (IP) for small businesses, and bringing new entrepreneurs and inventors into the innovation ecosystem. </p><p>Entrepreneurs discussed how USPTO services like the Patent Pro Bono Program helped them grow their businesses and reach the marketplace. Volunteer legal counsel and clinic students expressed how meaningful it was to be part of the entrepreneurial journey. These programs are making a real and measurable impact.</p><p>Recently, we celebrated the 100th patent recipient in Minnesota who obtained assistance through LegalCORPS, a nonprofit based in Minneapolis and the first USPTO patent pro bono regional program. (Learn more in this <a href="https://www.blackenterprise.com/u-s-patent-and-trademark-office-kicks-off-national-tour-to-help-underrepresented-entrepreneurs/" target="_blank">Black Enterprise article</a> and the <a href="https://www.startribune.com/minnesota-legalcorps-recognized-for-pro-bono-work-supporting-emerging-entrepreneurs/600259316/" target="_blank">Minnesota Star Tribune</a>.) Soon after that great experience, I <a href="https://twitter.com/uspto/status/1637961934669754375" target="_blank">visited Penn State University</a> to help launch the newest patent pro bono program. Penn State is doing some amazing work by combining their legal program with their entrepreneurial education program, thus giving inventors a chance to build a product and a business, together. I look forward to meeting with more of our regional programs in the future, and collaborating to find more ways and more services to provide.</p><p>Since the pro bono programs began collecting and sharing information in 2015, the Patent Pro Bono Program has provided more than 95,000 hours of free legal services to independent inventors and small businesses. That assistance has resulted in more than 2,000 patent application filings, amounting to millions of dollars in donated services since 2015. Last year, the Patent Pro Bono Program had more than 90 patent practitioners reporting 50 or more hours each of patent pro bono service to USPTO pro bono programs. In addition, more than 25 corporations and law firms contributed significant hours to one or more participating regional programs – a record number of organizations. These volunteers assisted with filing 220 patent applications with the USPTO in 2022.</p><p></p><p><img alt="Patent Pro Bono Program infographic" src="https://www.uspto.gov/blogdata/img/probonoupdate.jpg"></p>We have seen year-over-year increases in the total number of applicants from underrepresented groups in the pro bono program. In 2022:<p></p><ul><li><span class="normaltextrun">43% of program applicants
identified their gender as female; which is much higher than the proportion of
female inventors named on U.S. patent applications (13%);<o:p></o:p></span></li><li><span class="normaltextrun">35% of applicants identified
as African American or Black;<o:p></o:p></span></li><li><span class="normaltextrun">13.8% of applicants
identified as Hispanic;<o:p></o:p></span></li><li><span class="normaltextrun">7.9% identified as being a
veteran;<o:p></o:p></span></li><li><span class="normaltextrun">6.1% identified as either
Asian, Pacific Islander, or Hawaiian Native, exceeding existing proportions in
the U.S. population; and</span></li><li>1.6% identify as
American Indian or Alaska Native.</li></ul><p><br></p><p>Those are real numbers, real results. Real people benefiting from resources and opportunity, which yields robust, inclusive innovation that makes our country stronger.</p><p>There is a consistent theme that runs through our USPTO pro bono programs – providing critical assistance to under-resourced inventors, serving as the bridge to an inclusive innovation economy. By expanding access to pro bono legal services, we can help more under-resourced and underrepresented innovators protect their ideas and bring them to impact. And with the <a href="https://www.uspto.gov/blog/director/entry/the-unleashing-american-innovators-act" target="_blank">recent passage of the Unleashing American Innovators Act</a> (UAIA), we are poised to build upon these programs, and expand their reach to provide more resources, services and opportunities.</p><p><i></i></p><p><i><img alt="Director Kathi Vidal and Deputy Director Derrick Brent recently participated in a fireside chat at Howard University" src="https://www.uspto.gov/blogdata/img/howarduniversity.jpg"></i></p><i>Director Kathi Vidal and Deputy Director Derrick Brent recently participated in a fireside chat at Howard University on intellectual property’s role in equity and entrepreneurship</i><p></p><p>To that end, we encourage inventors and practitioners to participate in our upcoming listening sessions regarding our patent pro bono program (<a href="https://www.uspto.gov/about-us/events/inventor-listening-session-patent-pro-bono-programs" target="_blank">inventor session is June 5</a>; <a href="https://www.uspto.gov/about-us/events/patent-practitioner-listening-session-patent-pro-bono-programs" target="_blank">practitioner session is June 7</a>). These sessions will help inform the study we are undertaking on pro bono IP services as part of the UAIA. It is important to hear from you so that we can find ways to improve the services of our regional programs so that they best serve those who use the services. </p><p>When we meet people where they are, we bring more people into the innovation ecosystem. That is one of our top priorities. Thank you to all who help make our pro bono programs a success. To entrepreneurs and inventors – please learn more about our programs, and the many ways that the USPTO can help you on your journey.</p>
https://www.uspto.gov/blog/director/entry/announcing-the-winners-of-the
Announcing the winners of the 2023 National Patent Application Drafting Competition
OCCO
2023-05-02T08:53:36-04:00
2023-05-02T11:38:54-04:00
<p><em><span style="padding: 0in; border: 1pt windowtext; border-image: none; color: rgb(34, 34, 34); line-height: 107%; font-family: Calibri, sans-serif; font-size: 11pt;">Guest blog by Vaishali Udupa, Commissioner for Patents
of the USPTO</span></em></p><p><em><img alt="Winners of the NPADC 2023 pose for a photo" src="https://www.uspto.gov/blogdata/img/NPADCwinners682.jpg"></em></p><p class="MsoNoSpacing"><i>Winning team of the 2023 National Patent Application Drafting Competition, Khailee, Bree, Rita, and Maria, from the George Washington University Law School (Photo by Jay Premack/USPTO)</i><br></p><p></p><p><font color="#222222" face="Calibri, sans-serif"><span style="font-size: 14.66px;">On April 14, law students gathered from around the country in the exciting final round of the <a href="https://www.uspto.gov/about-us/events/2023-national-patent-application-drafting-competition" target="_blank">National Patent Application Drafting Competition</a> (NPADC) at USPTO headquarters in Alexandria, VA. The competition challenges the teams on the fundamentals of patent prosecution, including drafting a patent application and arguing its patentability. This year, a record breaking 75 teams (250 students) entered the competition. It was a thrill to serve as one of the judges in the final round and to see the finalists defend their hypothetical inventions.</span></font></p><p><span style="color: rgb(34, 34, 34); font-family: Calibri, sans-serif; font-size: 14.66px;">For the last six months leading up to the national round, the student teams worked on hypothetical invention statements. They searched the prior art, prepared specifications, and drafted claims, all while participating in the USPTO’s patent prosecution boot camps and other training sessions. After the regional rounds in March, there were five regional finalists:<a href="https://www.linkedin.com/company/the-george-washington-university-law-school/" target="_blank"> The George Washington University Law School</a> (Eastern region), <a href="https://www.linkedin.com/company/university-of-detroit-mercy-school-of-law/" target="_blank">University of Detroit Mercy School of Law</a> (Midwest region), <a href="https://www.linkedin.com/company/university-of-missouri-kansas-city-school-of-law/" target="_blank">University of Missouri-Kansas City School of Law</a> (Rocky Mountain region), <a href="https://www.linkedin.com/company/uscgouldlaw/" target="_blank">University of Southern California Gould School of Law</a> (Silicon Valley region), and <a href="https://www.linkedin.com/company/university-of-wisconsin-law-school/" target="_blank">University of Wisconsin Law School</a> (Texas region). I would like to congratulate all the competing teams, finalists, and this year’s first place winner, George Washington University Law School! I was incredibly impressed by the quality and caliber of submissions and presentation by the students in this year’s competition. Their analytic and oratory skills give me great hope for the future of the IP field and the potential impact these students will have when they enter the legal world.</span><br></p><p><span style="color: rgb(34, 34, 34); font-family: Calibri, sans-serif; font-size: 14.66px;">According to Bree, a member of this year’s winning team: </span><br></p><p><span style="color: rgb(34, 34, 34); font-family: Calibri, sans-serif; font-size: 14.66px;">"Preparing for and presenting at both the regional and final competitions was a highlight of my law school career and I am so grateful for my incredible teammates, our coach, the GW Law faculty and staff, and the USPTO for their encouragement and support. I am confident that the relationships built and patent drafting and prosecution skills learned, throughout the competition life cycle, will pay dividends in my career as a patent attorney. I think that is the most important win.”</span><br></p><p><font color="#222222" face="Calibri, sans-serif"><span style="font-size: 14.66px;">Since its beginnings as a regional competition led by our Elijah J. McCoy Midwest Regional Office in Detroit in 2014, the NPADC has expanded nationwide, with participation from law school teams from across the country and all our USPTO regional offices. The competition is an excellent opportunity for students to gain practical and indispensable experience drafting and prosecuting patents and to hone public speaking and communication skills. Students are also able to build vital connections through networking events throughout their participation. It is a great opportunity for students interested in a career in patent law. </span></font></p><p><span style="color: rgb(34, 34, 34); font-family: Calibri, sans-serif; font-size: 14.66px;">The NPADC has been successful due to the overwhelming support from the intellectual property (IP) law community. The USPTO works closely with the American Intellectual Property Law Association in organizing the competition, as well as with local attorneys, local bar associations, local Inns of Court, and law school faculty mentors. </span><br></p><p><span style="color: rgb(34, 34, 34); font-family: Calibri, sans-serif; font-size: 14.66px;">Do you want to learn more about the NPADC? It’s not too early to start planning a team for next year’s competition. <a href="https://public.govdelivery.com/accounts/USPTO/subscriber/new" target="_blank">Subscribe to our email updates</a> to hear the latest, or contact PatentDraftingCompetition@uspto.gov with any questions.</span><br></p>
https://www.uspto.gov/blog/director/entry/don-rsquo-t-miss-it
Don’t miss it! Join us for World Intellectual Property Day
USPTO
2023-04-25T08:25:01-04:00
2023-04-25T15:12:57-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO<img alt="World IP Day the Value of her IP graphic" src="https://www.uspto.gov/blogdata/img/WorldIPDay2023682.jpg"></em>Every year on April 26, we join intellectual property (IP) organizations from across the globe to celebrate <a href="https://www.wipo.int/ip-outreach/en/ipday/" target="_blank">World Intellectual Property (IP) Day</a>. This year’s theme is “Women and IP: Accelerating innovation and creativity.” Getting everyone off the bench to fully participate in innovation is not only a national imperative, but an international one. We have some exciting <a href="https://www.uspto.gov/about-us/events" target="_blank">events</a> planned this week — both in-person and virtual — to uplift the women inventors, creators, and entrepreneurs who do ground-breaking work every day. All are welcome!</p><p>To kick things off, on April 25, we will hold a <a href="https://www.uspto.gov/about-us/events/celebrating-world-intellectual-property-day-value-her-ip" target="_blank">professional development webinar</a> about the importance of World IP Day; how to bring engaging invention education to students, educators, and parents; and how to make IP and the innovation ecosystem more accessible to all. Join us for a discussion with high school seniors who are participants in our <a href="https://www.uspto.gov/jobs/student-programs/explore-our-student-programs#intern" target="_blank">Intellectual Property Skills Work-Based Learning program</a> through a contract with Urban Alliance. The webinar will address how educators can incorporate IP and invention activities into their classrooms and STEM/STEAM curriculum, and the students will share what resonates with them and inspires them to become innovators. </p><p>On April 26, at noon ET, I am excited to moderate what is sure to be an uplifting panel on the importance of mentorships for business success titled “<a href="https://www.uspto.gov/about-us/events/mentorship-secret-sauce-women-entrepreneurs" target="_blank">mentorshIP: The secret sauce for women entrepreneurs</a>." This event is part of our <a href="https://www.uspto.gov/initiatives/we" target="_blank">Women’s Entrepreneurship (WE) initiative</a> “WE Wednesdays” event series. If you have ever wondered how to take your business to the next level, but wished you had someone to bounce ideas off, you’ll want to tune in. We will go over the benefits of having a mentor when starting, funding, and/or expanding your business. Following the WE event, I will also be participating with a panel of women inventors in a webinar hosted by ChIPs (which stands for “chiefs in intellectual property”) on <a href="https://chipsnetwork.org/events/world-ip-day-with-chips/" target="_blank">Women in IP: Accelerating innovation and creativity</a>. </p><p>In the afternoon, we will hold our <a href="https://www.uspto.gov/about-us/events/world-intellectual-property-ip-day-2023-capitol-hill" target="_blank">flagship World IP Day event on Capitol Hill</a> both <a href="https://livestream.com/accounts/28471692/events/10837304" target="_blank">virtually</a>, and for the first time since 2019, in-person. The program features women business owners who will share the challenges and lessons learned from building their companies, how they made their inventions and creative works into a thriving reality, and why it is critical to protect your investments through IP protections. I look forward to being part of that programming as well.</p><p><em><img alt="Participants at March 2023 Women in IP meet to discuss mentoring programs" src="https://www.uspto.gov/blogdata/img/WomeninIP682.jpg"></em></p><em>On March 7-9, we welcomed officials from the IP offices of Qatar, Namibia, South Korea, the Philippines, and the U.S. Copyright Office to the USPTO’s Global Intellectual Property Academy for a three-day workshop on diversity in innovation, mentoring, and inclusion strategies. (Photo by Michael Cleveland/USPTO)</em> <p></p><p>At the USPTO, we are always focused on what we can do together to increase participation of underrepresented groups in innovation. Through our <a href="https://www.uspto.gov/initiatives/equity/ci2" target="_blank">Council for Inclusive Innovation</a>, we are working across government and the private sector to encourage more innovation, creativity and entrepreneurism from all Americans. </p><p>Just last month, we observed International Women’s Day by joining over 35 intellectual property (IP) offices in a <a href="https://www.uspto.gov/about-us/news-updates/global-ip-offices-joint-statement-international-womens-day-2023-innovation-0" target="_blank">joint statement </a>recognizing the importance of diversity in innovation, and the creativity and incredible value that women bring to economic progress worldwide. We welcomed over 50 officials from intellectual property organizations worldwide to the USPTO’s Alexandria campus, both in person and virtually, for our inaugural “Women in IP: Meeting on Mentoring and Related Topics” event. Like I stressed in my <a href="https://www.uspto.gov/about-us/news-updates/remarks-uspto-director-kathi-vidal-women-ip-diversity-and-inclusion" target="_blank">remarks</a>, it’s critically important to support women obtaining IP, as we all have a shared commitment to empower women and girls to enter – and thrive in – the innovation economy.</p><p><img alt="Value of Her IP quote from founder of Gentle Pit" src="https://www.uspto.gov/blogdata/img/GentlePit682.jpg"></p>Throughout the month of April, we have also showcased inspiring and creative women innovators in our “The Value of Her IP” social media campaign. These entrepreneurs have used their IP to make their businesses successful, from development to commercialization. Make sure to follow on “<a href="https://twitter.com/hashtag/TheValueOfHerIP?src=hashtag_click" target="_blank">The Value of Her IP</a>” to learn about their stories, where they describe the time, research, and investment they put into creating their brands and companies. <p></p><p>I look forward to seeing you this week at our World IP Day <a href="https://www.uspto.gov/about-us/events" target="_blank">events</a>! </p>
https://www.uspto.gov/blog/director/entry/with-artificial-intelligence-speeding-the
With artificial intelligence speeding the innovation process, what does that mean for invention and a properly balanced patent system?
USPTO
2023-04-18T13:38:21-04:00
2023-04-18T15:48:18-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em><p><em><img alt="AI inventorship graphic" src="https://www.uspto.gov/blogdata/img/AIinventorship2682.jpg"></em></p><p>Artificial intelligence (AI) is one of the most powerful technologies of our generation, and it presents big opportunities and risks. At the USPTO, we are working on the responsible introduction of new AI into our workflow and organizational excellence, and are working across government and closely with the Department of Commerce on AI.</p><p>Through our <a href="https://www.uspto.gov/initiatives/artificial-intelligence/ai-and-emerging-technology-partnership-engagement-and-events" target="_blank">AI and Emerging Technology (ET) Partnership</a>, we are also looking closely at the growing role of AI in innovation and its potential to dramatically affect our lives, improve our country’s competitiveness, economic prosperity, and national security. Our AI/ET Partnership supports the Biden Administration’s whole-of-government approach to AI, including the <a href="https://www.ai.gov/" target="_blank">National AI Initiative</a> to advance U.S. leadership in AI.</p><p>As AI assumes a larger and larger role in innovation, and given recent developments and the current trajectory in innovation in AI, we are presented with new questions. If an AI system can contribute to an invention at the same level as a human, is the invention patentable under current law? Does allowing AI systems to be listed as inventors promote and incentivize innovation? Should the USPTO require applicants to provide an explanation of contributions AI systems made to inventions claimed in patent applications? These are some of the questions we are asking in our recent <a href="https://www.federalregister.gov/documents/2023/02/14/2023-03066/request-for-comments-regarding-artificial-intelligence-and-inventorship" target="_blank">request for comments on AI and inventorship</a>.</p><p><a href="https://www.uspto.gov/blog/director/entry/incentivizing-and-protecting-innovation-in" target="_blank">For the last several years</a>, the USPTO has been exploring these and other questions about the role of AI in innovation. And we know that role is increasing. We <a href="https://www.uspto.gov/sites/default/files/documents/OCE-DH-AI.pdf" target="_blank">recently analyzed</a> all of our patents to study the impact that artificial intelligence is having on technology development in the United States and the world. We found that 80,000 of our utility patent applications in 2020 involved artificial intelligence – 150% higher than in 2002. AI now appears in 18% of all utility patent applications we receive, and in more than 50% of all the technologies that we examine at the USPTO. </p><p>This data reinforces that AI is important in innovation in all industries, and from all regions of the country. And we know there are a lot of surrounding questions related to AI and inventorship. </p><p>AI has the potential to benefit our wellbeing in many ways, from revolutionizing the drug discovery and development process to helping address climate change. It also presents potential drawbacks, some of which we may not even yet recognize. It’s important that we take a measured approach and hear your feedback on these important issues. </p><p>That’s why we need your input on how the U.S. government should address AI-enabled innovations while ensuring that our laws and policies continue to encourage and incentivize innovation without unduly locking up advances that can be readily discovered with the use of AI. Our takeaways will shape our future work on AI and ET policy at the USPTO and will help inform the broader U.S. government’s approach to these critical technologies. </p><p>We have listening sessions coming up to learn about the impact of AI on the invention process and intellectual property <a href="https://www.uspto.gov/about-us/events/ai-inventorship-listening-session-east-coast" target="_blank">on April 25 at the USPTO headquarters</a> in Alexandria, VA, and <a href="https://www.uspto.gov/about-us/events/ai-inventorship-listening-session-west-coast" target="_blank">on May 8 at Stanford University</a>. You can attend both sessions either in-person or virtually, and we’ll make recordings available afterwards. And, planning is already underway for our next AI and Emerging Technologies (ET) Partnership event later this summer. There, we’ll focus on how we are responsibly using AI tools at the USPTO. You can find information about all these events on our <a href="https://www.uspto.gov/initiatives/artificial-intelligence/ai-and-emerging-technology-partnership-engagement-and-events" target="_blank">AI and ET Partnership page of the USPTO website</a>. </p><p>I hope you will join us at an <a href="https://www.uspto.gov/initiatives/artificial-intelligence/ai-and-emerging-technology-partnership-engagement-and-events" target="_blank">upcoming listening session</a> and encourage you to submit your feedback to the <a href="https://www.federalregister.gov/documents/2023/02/14/2023-03066/request-for-comments-regarding-artificial-intelligence-and-inventorship" target="_blank">request for comments </a>by May 15. We look forward to hearing from you!</p>
https://www.uspto.gov/blog/director/entry/one-year-of-bringing-innovation
One year of bringing innovation to impact
OCCO
2023-04-13T09:53:16-04:00
2023-04-13T12:04:45-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><img width="540" height="360" src="https://www.uspto.gov/blogdata/img/blog-img-innov.jpg" alt="Kathi Vidal speaks on a conference stage, sitting with two other people, with logo for the ARPA-E energy innovation summit in the background"></p>
<p><em>Director Vidal moderates a fireside chat with Mujeeb Ijaz, Founder and Chief Executive Officer, ONE (Our Next Energy), and Alicia R. Knapp, President and Chief Executive Officer, BHE (Berkshire Hathaway Energy) Renewables during the 2023 ARPA-E Energy Innovation Summit at the Gaylord National Resort & Convention Center. (Photo by Jay Premack/USPTO)</em><br>
</p><p>As a young girl, I went with my father to a garage sale and came home with an oscilloscope—I had always tinkered and experimented and was fascinated with the ability to measure and see signals that were not perceptible to the human eye. My love for science and engineering continued as I worked on military aircraft during and after college as one of two women in GE’s Edison Engineering Program. I transitioned to intellectual property (IP) law after seeing first-hand the way IP, including patents, trademarks, and copyrights, inspired innovation and transformed and grew companies. IP allowed me to combine my thirst for knowledge of all things scientific and technical and my love of innovation with my business and startup interests. </p>
<p>Now, one year into my role—at the intersection of IP law, policy, and innovation—I am focused on impact. I’ve spent the last year listening—in nearly 100 external stakeholder meetings, in internal small group listening sessions with over 1,500 USPTO employees, by reading your comments submitted via our requests for comments (RFCs) and your emails to my <a href="https://www.uspto.gov/about-us/engage-director">Engage with the Director</a> inbox, in over 130 fireside chats, and in all my interactions across the country and the globe with inventors, entrepreneurs, and everyone who cares about making our IP ecosystem work for all. I care deeply about making data-driven decisions and getting it right.</p>
<p>If this last year was about listening and gathering the input and data to make meaningful, sustainable change, 2023 (and beyond) is about action. </p>
<p>What’s clear from conversations throughout this past year is that, more than ever, our nation needs the progress and growth that IP protections provide. We need a robust and reliable IP ecosystem that cultivates an innovation mindset and catalyzes inclusive innovation and entrepreneurialism—one that drives economic prosperity, U.S. competitiveness, supply chain resiliency, national security, and creative world problem-solving. We must continue to lead, and work closely with our allies, to realize our potential.</p>
<p>As set forth in our draft <a href="https://www.uspto.gov/about-us/performance-and-planning/strategy-and-reporting">2022-2026 Strategic Plan,</a> the USPTO is advancing five strategic goals: </p>
<ul>
<li>Drive inclusive U.S. innovation and global competitiveness</li>
<li>Promote the efficient delivery of reliable IP rights </li>
<li>Promote the protection of IP against new and persistent threats</li>
<li>Bring innovation to positive impact</li>
<li>Generate impactful employee and customer experiences by maximizing agency operations</li>
</ul>
<p><br>Below are just a few examples of the work we’ve done together to advance these goals throughout the last year and to lay the groundwork to make surgical changes to key areas of practice before the USPTO to preserve all that is working well while ensuring the system works even better for all of you.</p>
<p>We all have a stake in the success of this agency and the future of the American IP ecosystem. I will be working hard toward these goals with the talented and dedicated staff at the USPTO and with all of you. </p>
<p>With gratitude and optimism for an even brighter and more impactful year to come! </p>
<p><img border="0" width="79" height="48" src="https://www.uspto.gov/blogdata/img/blog-img-innov-sign.jpg" alt="Signature as Kathi"></p>
<p>P.S. While this year is our year of action, we will never be done listening. You can reach out directly to me via <a href="mailto:Director@uspto.gov">Director@uspto.gov</a> or through our <a href="https://www.uspto.gov/about-us/engage-director">Engage with the Director</a> page.</p>
<p><strong>2022-2023 Highlights: A Year in Review</strong></p>
<p><strong><em>We are building a more robust and reliable IP ecosystem that works for all</em></strong></p>
<p>In order for IP to play the role our nation’s founders envisioned, we must create a more robust and reliable IP ecosystem in which innovators, entrepreneurs, investors, and all those building and growing companies and solving problems have confidence. </p>
<p align="center"><img border="0" width="540" height="181" src="https://www.uspto.gov/blogdata/img/blog-img-innov1.jpg" alt="Infographic for Year in Numbers: 10,679 GIPA-trained officials from 161 countries, 280K+ children educated, 13 MOUs, hundreds of trademark sanctions, and 230+ fireside chats and meetings"><strong><em><u> </u></em></strong></p>
<p>To that end, the team and I have been actively engaged with Congress and in the courts, including working closely with the Departments of Commerce and Justice, to provide technical support and to work to ensure our laws foster a strong innovation and entrepreneurship ecosystem.</p>
<p>We have worked to clearly communicate how the USPTO is making decisions based on past policy, guidance, and decisions, and to solicit feedback on where we can make surgical adjustments to strengthen our IP system. A few examples of this include:</p>
<ul>
<li>Creating more clarity and certainty in Patent Trial and Appeal Board practice in <a href="https://www.uspto.gov/about-us/news-updates/uspto-seeks-public-input-through-request-comments-director-review-0">Director review</a> and <a href="https://www.uspto.gov/about-us/news-updates/director-vidal-provides-clarity-patent-trial-and-appeal-board-practice">discretionary denials</a> in America Invents Act proceedings, and with post-grant challenges generally</li>
<li><a href="https://www.regulations.gov/document/PTO-P-2022-0025-0134">Requested and received comments</a> on our patent eligibility guidance and on how to ensure robust and reliable patents</li>
</ul>
<p><br>We successfully implemented various strategies to crack down on trademark scams and fraud that affect the integrity of the trademark register and cause ripple effects across the trademark community, including:</p>
<ul>
<li>Conducting Trademark Modernization Act proceedings that have resulted in the cancellation of 1,097 unused goods or services out of the 1,119 goods or services challenged </li>
<li>Implementing <a href="https://www.uspto.gov/blog/director/entry/safeguarding-the-trademark-community-against">identity verification</a> for all trademark filers to protect our system from scammers</li>
<li><a href="https://www.uspto.gov/blog/director/entry/protecting-our-trademark-customers-with">Registering USPTO marks</a> to thwart fraudulent solicitations by scammers to trademark customers</li>
<li>Issuing 150 <a href="https://www.uspto.gov/trademarks/trademark-updates-and-announcements/orders-issued-commissioner-trademarks">orders</a> terminating over 600 invalid applications and sanctioning 70 registrations for violations of our trademark rules of practice and website terms of service</li>
</ul>
<p><br>We are dedicated to protecting businesses and their brands by informing consumers about the dangers and consequences of purchasing counterfeit or pirated goods through our partnership with the <a href="https://www.ncpc.org/">National Crime Prevention Council</a>. Public service announcement campaigns for teens and tweens as part of our <a href="https://www.uspto.gov/blog/director/entry/go-for-real-an-innovative">Go for Real campaign</a> had a combined 78,435 airings on TV stations and over 570 million impressions.</p>
<p>We’ve also implemented internal improvements that have greatly benefited our operations. These include a new <a href="https://ppubs.uspto.gov/pubwebapp/static/pages/landing.html">Patent Public Search tool</a> to make searching for grants and applications much easier, an improved routing and classification process that better matches examiners’ expertise with the applications they examine, examiner training on new artificial intelligence (AI) tools to enhance prior art searching, and information technology systems upgrades for the benefit of our operations, to name just a few. </p>
<p><em><img border="0" width="540" height="360" src="https://www.uspto.gov/blogdata/img/blog-img-innov2.jpg" alt="Collage of Director Vidal meeting with global IP office leaders, including photos of her signing documents, shaking hands, and posing with other leaders in front of U.S. and agency flags"></em> <br>
<em>Director Vidal meets with foreign IP office leaders. Top row from left to right, signing of joint statement of intent on accelerated patent grant with the Directorate General of the Industrial Property Registry of Panama and signing of memorandum of understanding with the Canadian Intellectual Property Office. Bottom row from left to right meeting with the State Intellectual Property Service of Kyrgyzstan and signed memorandum of understanding with the National Service of Intellectual Property Rights of Ecuador.(Photo by Jay Premack/USPTO)</em></p>
<p>Our office has been extremely busy on the international front. I’ve met with over two dozen foreign IP office leaders and have embarked on an ambitious global agenda to strengthen our respective IP systems for the benefit of all communities. My engagement spanned the globe as I met with leaders of the G7 and trading partners from Latin America, Europe, and the Indo-Pacific region. A few highlights of this work include the following accomplishments:</p>
<ul>
<li>We entered into over a dozen cooperative agreements that identify concrete plans for promoting the transparency, accessibility, and reliability of our IP policies and practices. </li>
<li>We developed and provided capacity-building programs, organized and conducted by USPTO attorneys, to help improve IP systems in key countries and regions to benefit U.S. stakeholders. </li>
<li>Our Global Intellectual Property Academy (GIPA) conducted 222 programs this past year covering all areas of IP, training more than 10,679 officials from 161 countries and intergovernmental organizations, and over 6,526 small and medium-sized U.S. enterprises, U.S. government officials, and other U.S. stakeholders. </li>
</ul>
<p><br>And we continue to work to harmonize global IP practices through cooperative agreements designed to improve IP systems and enhance the enforcement of rights with the IP offices of Japan, the European Union, Saudi Arabia, Malaysia, France, and Peru as well as the National Research Development Corporation of India and the World Intellectual Property Office.</p>
<p>The challenges we face today, such as climate change, public health, and sustainability, are global issues, and we are collaborating with our counterpart IP offices on global solutions.</p>
<p><strong><em>We are fostering the development of new and emerging technologies to enhance American competitiveness</em></strong></p>
<p>As we build an even more robust and reliable IP ecosystem, we are better positioning America to develop new and emerging technologies to enhance U.S. competitiveness, create U.S. jobs, and grow our economy. </p>
<p>We are looking closely at the growing role of AI and its potential to affect our lives dramatically. We launched our <a href="https://www.uspto.gov/initiatives/artificial-intelligence/ai-and-emerging-technology-partnership-engagement-and-events">AI/ET (emerging technology) Partnership</a> and recently published an <a href="https://www.federalregister.gov/documents/2023/02/14/2023-03066/request-for-comments-regarding-artificial-intelligence-and-inventorship">request for comments on AI and inventorship</a><strong> </strong>(responses due May 15). And we are working on the responsible introduction of new AI into our workflow while we work across government through the Interagency Policy Committee on National Artificial Intelligence Strategy. We also worked with the U.S. Copyright Office on <a href="https://www.uspto.gov/ip-policy/trademark-policy/roundtable-trademarks-and-non-fungible-tokens">listening sessions</a> related to the intersection of IP and non-fungible tokens (NFTs), and are focused on innovation in space and in space-adjacent markets through the U.S. Department of Commerce Commercial Space Coordinating Committee.</p>
<p>Where there are new markets, we are there. </p>
<p>We have also worked to ensure a robust and reliable patent system that incentivizes solutions to today’s global problems, including by:</p>
<ul>
<li>Supporting the <a href="https://www.whitehouse.gov/cancermoonshot/">White House Cancer Moonshot Initiative</a> with our <a href="https://www.uspto.gov/patents/initiatives/patent-application-initiatives/cancer-moonshot-expedited-examination">Cancer Moonshot Expedited Examination Pilot Program</a><u> </u></li>
<li><a href="https://www.uspto.gov/initiatives/fda-collaboration">Working with the Food and Drug Administration</a><u> (FDA)</u> to cross-train our patent examiners in pharmaceutical and biologics fields as part of our joint effort to <a href="https://www.uspto.gov/blog/director/entry/the-biden-administration-is-acting">advance competition in the pharmaceutical marketplace</a></li>
<li><a href="https://www.uspto.gov/blog/director/entry/increasing-transparency-boosting-competition-and">Partnering with the U.S. Department of Agriculture</a> to identify and solve for challenges small and family farms face</li>
<li>Finding solutions to the causes and impacts of climate change through initiatives such as:</li>
<ul>
<li>Our newly announced <a href="https://www.uspto.gov/trademarks/trademarks-humanity-awards-program">Trademarks for Humanity Awards Program</a><u> </u></li>
<li>Our <a href="https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flnks.gd%2Fl%2FeyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMzAzMDcuNzI4ODc3MzEiLCJ1cmwiOiJodHRwczovL3d3dy51c3B0by5nb3YvYWJvdXQtdXMvbmV3cy11cGRhdGVzL3VzcHRvLWFubm91bmNlcy1uZXctcGF0ZW50cy1odW1hbml0eS1ncmVlbi1lbmVyZ3ktY2F0ZWdvcnk_dXRtX2NhbXBhaWduPXN1YnNjcmlwdGlvbmNlbnRlciZ1dG1fY29udGVudD0mdXRtX21lZGl1bT1lbWFpbCZ1dG1fbmFtZT0mdXRtX3NvdXJjZT1nb3ZkZWxpdmVyeSZ1dG1fdGVybT0ifQ.bNoHsQo_shcsxM088CgTnHH3fuYdfL5DDKKK3D1xl38%2Fs%2F532765223%2Fbr%2F155732387366-l&data=05%7C01%7Cphilippa.olsen%40uspto.gov%7C150fcb64b4474324443c08db1f48f1c6%7Cff4abfe983b540268b8ffa69a1cad0b8%7C1%7C0%7C638138170376693966%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=iGH7G76%2FJuxSjTWd5NXjs%2BNTL1xmhz2tpG6QodiJsqw%3D&reserved=0">Patents for Humanity Green Energy category</a></li>
<li>Expedited examination procedures through the <a href="https://www.uspto.gov/patents/laws/patent-related-notices/climate-change-mitigation-pilot-program?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=">Climate Change Mitigation Pilot Program</a></li>
<li>Our <a href="https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flnks.gd%2Fl%2FeyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDQsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMzAzMDcuNzI4ODc3MzEiLCJ1cmwiOiJodHRwczovL3d3dy51c3B0by5nb3YvYWJvdXQtdXMvbmV3cy11cGRhdGVzL3VzcHRvLWJlY29tZXMtcGFydG5lci1pbnRlcm5hdGlvbmFsLWdyZWVuLXRlY2hub2xvZ3ktcGxhdGZvcm0td2lwby1ncmVlbi0wP3V0bV9jYW1wYWlnbj1zdWJzY3JpcHRpb25jZW50ZXImdXRtX2NvbnRlbnQ9JnV0bV9tZWRpdW09ZW1haWwmdXRtX25hbWU9JnV0bV9zb3VyY2U9Z292ZGVsaXZlcnkmdXRtX3Rlcm09In0.4O4nUOw8gi-CrlQDSVhvfskV5En5MoPnaSZbTimB5FA%2Fs%2F532765223%2Fbr%2F155732387366-l&data=05%7C01%7Cphilippa.olsen%40uspto.gov%7C150fcb64b4474324443c08db1f48f1c6%7Cff4abfe983b540268b8ffa69a1cad0b8%7C1%7C0%7C638138170376861966%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=W0A9TYHhDsmzf7ci20S%2B5EcaqVMUU82RD0xTDmsNZa4%3D&reserved=0">partnership with the World Intellectual Property Organization’s WIPO GREEN Program</a></li>
</ul>
</ul>
<p><br>Through this important work, we are supporting and implementing Biden Administration priorities that seek to bolster our country’s resilience and prosperity, including in key areas such as the environment, climate, and health. The USPTO is also helping to advance the Biden Administration’s commitment to unleashing America’s potential. Furthermore, the USPTO is crafting a strong IP protection framework that will support the achievement of the goals of the Inflation Reduction Act, the CHIPS and Science Act, and other key legislation that will create and invest in innovation hubs, shore up our supply chains, and revitalize American manufacturing. This work lays the foundation for efforts to help future generations succeed and thrive. </p>
<p><strong><em>We are expanding opportunities to bring more inclusive innovation to impact to advance our economy <a name="_Hlk122360029" id="_Hlk122360029"></a></em></strong></p>
<p><img border="0" width="540" height="358" src="https://www.uspto.gov/blogdata/img/blog-img-innov3.jpg" alt="Collage of photos of government leaders sitting around a large conference table engaged in lively conversation"></p>
<p><em>Director Vidal and the Co-Vice Chairs of CI² met in an ideation workshop to develop a whole-of-government approach to identifying key barriers to entry and potential solutions to help build an equitable, comprehensive plan to enable more Americans to access the innovation and entrepreneurship ecosystem and innovate in areas that are essential to America’s future. (Photos by Jay Premack/USPTO)</em><br>
<br>
In order for our IP ecosystem to enhance U.S. competitiveness, create jobs, and grow our economy, we must bring more people into the innovation and entrepreneurship ecosystem and give them the support they need to bring their ideas to market. </p>
<p>Last year, we expanded our <a href="https://www.uspto.gov/initiatives/equity/ci2">Council for Inclusive Innovation (CI²)</a> and I joined the Economic Development Administration’s <a href="https://www.eda.gov/strategic-initiatives/national-advisory-council-on-innovation-and-entrepreneurship">National Advisory Council on Innovation and Entrepreneurship (NACIE)</a> as a Co-Chair to work across government and with the private sector to expand the innovation ecosystem, especially among under-represented and under-resourced groups and in key technology areas. </p>
<p>Under CI², we launched our <a href="https://www.uspto.gov/about-us/news-updates/usptos-council-inclusive-innovation-launches-new-initiative-expedite-patent">First-time Filer Expedited Examination Pilot Program</a> to assist qualifying independent inventors and small businesses with getting a patent faster and to help their businesses grow. </p>
<p><img border="0" width="540" height="360" src="https://www.uspto.gov/blogdata/img/blog-img-innov4.jpg" alt="Collage of photos from a Women’s Entrepreneurship event featuring a diverse group of women on stage, engaged in a panel discussion, and a group portrait"> <br>
<em>On November 30, 2022, the USPTO held the official launch event for Women’s Entrepreneurship (WE), a community-focused, collaborative, and creative initiative to encourage and empower more women founders across America. (Photos by Jay Premack/USPTO)</em></p>
<p> We are also digging deep in specific communities:</p>
<ul>
<li>Women entrepreneurs</li>
<ul>
<li>We co-founded, along with U.S. Secretary of Commerce Gina Raimondo, our <a href="https://www.uspto.gov/initiatives/we">WE Initiative</a> to inspire and empower more women leaders to jumpstart their journeys of innovation. </li>
<li>We are working with the Intellectual Property Owners Association and other associations to create a “mentorshIP” program that facilitates meaningful interactions between budding women entrepreneurs and successful women who can share lessons from their experiences. </li>
<li>We issued our <a href="https://www.uspto.gov/about-us/news-updates/latest-uspto-report-finds-32-increase-number-us-counties-where-women-patented#:~:text=The%20report%20delves%20deeper%20into,of%20counties%20where%20women%20patent.">study</a> on the geography of women in patents to better understand economic and socioeconomic correlations with patenting by women. </li>
</ul>
<li>Entrepreneurs of color</li>
<ul>
<li>We are working with historically Black colleges and universities and minority serving institutions on expanding tech transfer initiatives.</li>
<li>We are more fully engaged with the Native American community on how we can best support innovation and entrepreneurship on tribal lands and elsewhere.</li>
</ul>
<li>Military and veteran entrepreneurs</li>
<ul>
<li>We have worked to support more active military, military family members, and veterans and to encourage them to bring their innovations to life, build successful businesses, and protect their creations with IP.</li>
<li>We’ve met incredible people hustling to start new businesses and commercialize their products during events at Fort Bragg, MacDill Air Force Base, and the military innovation competition Dragon’s Lair 8.</li>
</ul>
</ul>
<p><br><img border="0" width="540" height="358" src="https://www.uspto.gov/blogdata/img/blog-img-innov5.jpg" alt="Collage of photos of Kathi Vidal visiting with service members and military spouses, some in uniform, and serving as a judge for an innovation competition"> <br>
<em>Director Vidal has met with service members and military family members at Fort Bragg and MacDill Air Force Base and participated in the </em><em>Dragon’s Lair 8 competition finals at the University of South Florida. (Photos by Michael Cleveland/USPTO)</em></p>
<p>While we work to support our current pipeline of talent in America, we must also foster an innovation mindset in the next generation. Last year alone, more than 280,000 children participated in invention education activities through our partnership with the National Inventors Hall of Fame’s <a href="https://www.invent.org/programs/camp-invention">Camp Invention summer camps</a> and other innovation programs. We also launched a new online resource, <a href="https://equiphq.org/">EquIP HQ</a>, which features online games, interviews with inventors, and lesson plans for the classroom, and we hosted events throughout the year for K-12 educators, including <a href="https://www.uspto.gov/learning-and-resources/kids-educators/k-12-education-events">monthly webinars</a>, our annual <a href="https://www.uspto.gov/learning-and-resources/kids-educators/nsti">National Summer Teacher Institute</a>, and our first ever <a href="https://www.uspto.gov/learning-and-resources/kids-educators/master-teacher-invention-education-program">Master Teacher of Invention Education Program</a>.</p><p><br>
<img border="0" width="540" height="356" src="https://www.uspto.gov/blogdata/img/blog-img-innov6.jpg" alt="Collage of photos featuring educational programming, including Kathi Vidal and a student at Camp Invention, a staff member posing with his virtual avatar, high school students speaking at a podium, and college interns chatting in an office"><br>
<em>From our partnership with the National Inventors Hall of Fame, which provided hands-on learning to over 280,000 K-12 students last year through programs like Camp Invention, to our National Summer Teacher Institute, a yearly program that gives K-12 teachers in-depth training on integrating invention education into their classrooms, the USPTO is reaching students where they are.</em></p>
<p>As we expand participation in the IP ecosystem, we are doubling down on our pro bono legal services (free to qualifying applicants), which will open the doors for additional support and representation for innovators while maintaining the high quality of representation before the USPTO.</p>
<p>We have also expanded our free resources and pro bono programs. Over the past year:</p>
<ul>
<li>Our <a href="https://www.uspto.gov/learning-and-resources/access-our-free-services">free services webpage</a> has amassed over 77,000 views, ranking it among the most popular pages on our website.</li>
<li>We launched the <a href="https://www.uspto.gov/learning-and-resources/inventors-and-entrepreneurs/ttab-pro-bono-clearinghouse-program">Trademark Trial and Appeal Board Pro Bono Clearinghouse Program</a>.</li>
<li>We launched the <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/patent-trial-and-appeal-board-pro-bono-program-independent">PTAB Pro Bono Program</a>.</li>
<li>We expanded the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1">Law School Clinic Certification Program</a>.</li>
<li>We solicited feedback on <a href="https://www.govinfo.gov/content/pkg/FR-2023-01-19/pdf/2023-00945.pdf">ways we can expand the patent bar, create a design bar</a>, and <a href="https://www.govinfo.gov/content/pkg/FR-2023-01-19/pdf/2023-00947.pdf">expand opportunities for practice before the PTAB</a>.</li>
</ul>
<p><br>When we meet people where they are with our Patent Pro Bono Program, 43% of those we assist self-identify as women, 35% as identify African American or Black, 14% identify as Hispanic American, 8% identify as veterans, 5.7% identify as Asian American or Native Pacific Islander, and 1.5% identify as Native American. With this kind of data, we know that innovation is everywhere, and through our continued commitment to meet people where they are, we will make our great country stronger and more resilient.</p>
<p><em>We are excited about what the rest 2023 will bring and look forward to making a meaningful impact for our country and all of you!</em></p>
https://www.uspto.gov/blog/director/entry/new-trademarks-for-humanity-awards
New Trademarks for Humanity awards competition: Branding a better future
USPTO
2023-04-11T08:20:27-04:00
2023-04-11T10:01:56-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><em><img alt="Trademarks for Humanity graphic" src="https://www.uspto.gov/blogdata/img/T4H682.jpg"></em></p>Brand owners are all around us. They include new entrepreneurs and established corporations, local charities and global nonprofits, elementary schools and renowned research universities, and many others. Often, their products and services improve and enrich our lives. Many are passionate about humanitarian causes and are working to help address global challenges. <p></p><p>With these important brand owners in mind, today the USPTO is launching the first-ever <a href="https://www.uspto.gov/ip-policy/trademarks-humanity-awards-program" target="_blank">Trademarks for Humanity awards ceremony</a>. The inaugural competition seeks to recognize those organizations or individuals who are trying to solve environmental challenges and to highlight the importance and value of their trademarks. We have had many years of success encouraging and supporting innovation with our various Patents for Humanity programs, and we are thrilled to create one for the trademark community. Many thanks to the Trademark Public Advisory Committee, including past Chair Susan Natland, for their ideas and collaboration on this new program. </p><p>The Trademarks for Humanity awards competition is an important way to encourage more individuals and businesses to join the effort to improve our environment and to recognize and celebrate those who are already working for change. </p><p>We are seeking a robust applicant pool, one that reflects the diverse spectrum of brand owners helping solve environmental challenges that impact all of humankind. We welcome and encourage applicants of all types, organizational structures, business focuses, geographic areas, and demographic backgrounds. </p><p>Anyone who owns a U.S. trademark registration of any kind—a trademark, service mark, certification mark, collective mark, or collective membership mark—and is using it in connection with products, services, or business practices that help improve the environment is eligible to apply.</p><p>All types of products, services, and business practices are eligible, too. Some examples include:</p><p>• Recycled or environmentally-friendly materials or practices;<br>• Work related to renewable energy, green technology, water purification, reforestation, capturing carbon emissions, or pollution reduction solutions;<br>• Renewable energy solutions licensed to others;<br>• A certification mark to encourage the use of environmentally-friendly standards or materials;<br>• Training services to educate and encourage the adoption of best environmental practices</p><p>Applicants will be asked to provide basic information about their registered marks and a narrative describing how they meet the following criteria:</p><p>• <strong>Subject matter</strong>: Are the goods, services, or business practices designed to improve the environment?<br>• <strong>Impact</strong>: To what extent do these efforts improve the environment?<br>• <strong>Creative solution</strong>: Do these efforts reflect a creative solution to an environmental problem?<br>• <strong>Character of the mark</strong>: Does the trademark creatively convey, or has it become associated with, the importance of a healthy environment or the need to improve the environment?</p><p>When the application period closes, independent judges will evaluate each entry using these criteria. Awardees will receive recognition for their humanitarian efforts at a public ceremony at the USPTO and will be featured on the USPTO’s website.</p><p>Every day, the devastating impacts of pollution, greenhouse gas emissions, deforestation, climate change, and many other environmental crises become apparent. The USPTO is committed to supporting the Administration in finding solutions to these challenges and have launched many new initiatives to encourage more innovation in this space. In addition to this new Trademarks for Humanity award, notable programs include our <a href="https://www.uspto.gov/about-us/news-updates/uspto-announces-new-patents-humanity-green-energy-category" target="_blank">Patents for Humanity Green Energy category</a>, <a href="https://research.noaa.gov/article/ArtMID/587/ArticleID/2944/NOAA-USPTO-team-up-to-incentivize-greater-innovation-in-climate-environmental-technology?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=" target="_blank">joint work-sharing program with the National Oceanic and Atmospheric Administration</a>, expedited examination procedures through the Climate <a href="https://www.uspto.gov/patents/laws/patent-related-notices/climate-change-mitigation-pilot-program?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=" target="_blank">Change Mitigation Pilot Program</a>, and <a href="https://www.uspto.gov/about-us/news-updates/uspto-becomes-partner-international-green-technology-platform-wipo-green-0" target="_blank">partnership with the World Intellectual Property Organization’s WIPO Green program</a>. </p><p>Intellectual property protection is a critical incentive for creativity and innovation and a key driver of economic growth. It’s the bridge between a new idea and bringing that idea to market. The Trademarks for Humanity awards competition will celebrate those who harness the power of trademarks to bring products, services, and business practices to market that help make the world a safer and cleaner place. </p><p>To apply for the Trademarks for Humanity awards competition, or to learn more, visit the <a href="https://www.uspto.gov/ip-policy/trademarks-humanity-awards-program" target="_blank">Trademarks for Humanity page of the USPTO website. </a></p>
https://www.uspto.gov/blog/director/entry/women-s-history-month-driving
Spotlight on Debbie Stephens: Driving change and modernization in information technology systems
USPTO
2023-03-13T08:52:50-04:00
2023-03-13T08:52:50-04:00
<p><em><a href="https://www.commerce.gov/news/blog/2023/03/womens-history-month-driving-change-and-modernization-information-technology" target="_blank">Guest blog</a> by Deborah Stephens, Deputy Chief Information Officer, United States Patent and Trademark Office</em></p><p><em><img alt="Debbie Stephens portait" src="https://www.uspto.gov/blogdata/img/Stephens682.jpg"></em></p>My name is Debbie Stephens, and I am the Deputy Chief Information Officer (DCIO) for the USPTO. I have served at the USPTO for over 30 years in multiple leadership roles, during which I have worked to improve the automated tools and informational resources that facilitate electronic processing of patent applications. In my current role, I am the principal advisor to the Chief Information Officer (CIO) and responsible for managing day-to-day Office of the Chief Information (OCIO) operations with significant oversight on information technology (IT) stabilization and modernization efforts. I guide my teams towards continual improvements in IT delivery for maximum value to all stakeholders.<p></p><p>I am thrilled to continue to drive change in our information technology area and leverage my experiences to ensure OCIO aims for better ways to solve customer service issues, operates with more speed, and delivers powerful software and services. I am a firm believer that anything we do can be improved. We survey our staff for their ideas, we empower them to try, fail, learn, and succeed, and then we recognize them for the good work that they do. I am committed to listening to my staff and welcoming their ideas for change, so that we can keep improving for our employees and delivering value to our customers.</p><p>As a daughter of a strong mother, a wife, and a mother of a smart strong woman, I have been blessed to have many women role models during my life–none more important than my mother. Married at age 21 to a Navy pilot, and quickly uprooting herself from her small town in Horton, Kansas to join him around the world, my mother adapted to new cultures and languages all the while raising four children, managing the household, and the official duties expected of an officer’s wife. She is smart, strong, kind, funny, and the steadfast rock that our family has been built on. It is my honor to call myself her daughter. I learned love and compassion from her, and I learned to always tell the truth and to never stop trying to do better and learn more. I learned from her that a girl can do anything that a boy can do, and I went on to have a successful college experience as an Academic All-American college athlete at George Mason University, playing Division 1 softball while earning my Bachelor of Arts degree. I then went on to receive a Master of Human Resource Management degree from the George Washington University. </p><p>Additionally, I have met women in both my personal and professional career–such as the stay-at-home moms I worked with for 15 years in support of Girl Scouts at Fort Hunt Day Camp, organizing troop activities and selling Girl Scout cookies; their logistical expertise, ability to motivate and lead girls, many times doing it with a baby on the hip, and always with good humor—that have shown me how to evaluate situations from multiple and diverse lenses. I strive to learn from each encounter.</p><p>At the USPTO, I have had the fortune to work with and get to know women leaders from all areas within our organization. Women that have made their mark and gone on to new areas both within and external to the government, as well as women that have stayed for long periods of time at the USPTO. I have learned to be tenacious, detail oriented, to expect the best from everyone, and to always assume noble intent first and foremost.</p><p>Women’s History Month is meaningful to me in that it causes us to take a moment to acknowledge and reflect on the contributions that women have had towards the growth and prosperity of our country. The intellectual property community we support here at the USPTO has always had our fair share of smart and creative and industrious women that saw a need for a new way of doing things. These women were often granted patents and trademarks for inventions, businesses, and brands that contributed to the commerce and advancement of the U.S. Many great women are showcased during this month, and I want to acknowledge them. I also want to acknowledge women that may never have their name on a patent or trademark, the women that parent, the women that teach and support each other. And finally, the young women who are paving the way as the next generation of innovators. Together, we are a strong vibrant community that does great things–some large, some small—with empathy and concern for each other. </p><p><em>This blog is part of a <a href="https://www.commerce.gov/tags/womens-history-month" target="_blank">series highlighting leaders across the Department of Commerce</a> for Women's History Month.</em><br></p>
https://www.uspto.gov/blog/director/entry/apply-by-march-31-to
Apply by March 31 to the USPTO’s National Summer Teacher Institute!
USPTO
2023-03-09T08:42:52-05:00
2023-03-09T08:42:52-05:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p>
<p><iframe width="640" height="450" src="https://www.youtube.com/embed/AZTb1wbYFLY"></iframe></p>
<p>Are you a teacher looking to equip your students with the confidence to solve real world problems? The USPTO’s <a href="https://www.uspto.gov/learning-and-resources/kids-educators/nsti" target="_blank">National Summer Teacher Institute on Innovation, STEM and Intellectual Property</a> (NSTI) is an excellent opportunity to do just that!</p><p>NSTI is an annual hands-on professional development program for K-12 educators to learn classroom techniques that will foster and unleash the innovator in every student through invention education. We are accepting applications from educators until March 31 to join us for this year’s summer session from July 16-21 in St. Louis. The program has no fee for participants, and our <a href="https://www.uspto.gov/learning-and-resources/kids-educators/nsti/faq" target="_blank">NSTI frequently asked questions</a> include additional information on travel and lodging.</p><p>Intellectual property touches nearly every sector of daily life, so the concepts in the NSTI program are applicable across all educational fields. And the value goes beyond the classroom – our <a href="https://www.uspto.gov/ip-policy/economic-research/intellectual-property-and-us-economy" target="_blank">recent study</a> found that IP-intensive industries account for 41% of the U.S. gross national product, while workers in IP-intensive industries earn higher wages and are more likely to have better benefits.</p><p><em><img alt="Group photo showing teachers from above celebrating" src="https://www.uspto.gov/blogdata/img/NSTIgroupphoto682.jpg"></em></p><em>Teachers at NSTI celebrate the invention education knowledge they have gained and will soon incorporate into their classrooms (Photo by Hank McDonald/USPTO)</em><br><p></p><p>At NSTI, you will build the skills you need to incorporate key intellectual property (IP) and STEM topics into your curricula, develop strategies to help students understand and appreciate the importance of innovation and creativity, and, where feasible, commercialize their own inventive works! You will have the opportunity to work with USPTO experts to explore patents, trademarks, copyrights, and trade secrets. You will also have access to several “maker spaces” focused on various technologies, from additive manufacturing - where you can use industrial 3D printers and laser cutters, to unmanned aerial systems, where you can control a drone by talking to it, using gestures, or through virtual/augmented reality. You can learn the latest on urban water research and preventing public health disasters, as well as engineering next-generation technologies to bridge the gap between humans and technology, and much more. What you learn will help you design and build prototypes as part of your week-long invention project. Sound fun? It is!</p><p>In addition to the hands-on experience, you will also receive valuable resources to take back to your classroom. These resources include teaching materials, lesson plans, and activities that align with national standards and can be customized to meet the needs of different grade levels, subject areas, and abilities. And by making connections with other educators from around the country, you can continue to share best practices and ideas for classroom instruction.</p><p><em><img alt="Teachers participate in a STEM activity at NSTI" src="https://www.uspto.gov/blogdata/img/NSTIstemactivity682.jpg"></em></p><em>Teachers participate in a STEM activity at the National Summer Teacher Institute (Photo by Jay Premack/USPTO)</em> <p></p><p>One of the most significant benefits of attending NSTI is the impact it can have on your students. You’ll leave with more tools to help them develop the critical thinking skills they need to succeed in the 21st century. You can also inspire them to pursue careers in STEM fields, where the demand for skilled workers is high. You might even lead them to earning a patent for an invention!</p><p><em><img alt="NSTI participant Doug Scott and quote" src="https://www.uspto.gov/blogdata/img/DougScottfeature682.jpg"></em></p><em>Learn more about NSTI participant and winner of the Presidential Award for Excellence in Mathematics and Science Teaching Doug Scott in our <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/lets-do-real" target="_blank">Journeys of Innovation story</a></em><p></p><p>By participating in NSTI, not only will you gain valuable knowledge and skills, but you will also become part of a network of educators committed to making a positive impact on your students. Don't miss out on this exciting opportunity to enhance your teaching skills and inspire the next generation of innovators and creators.</p><p>We look forward to seeing your application!<br></p>
https://www.uspto.gov/blog/director/entry/increasing-transparency-boosting-competition-and
Increasing transparency, boosting competition, and supporting innovation can deliver better choices for farmers in the seed marketplace
USPTO
2023-03-07T13:08:05-05:00
2023-03-07T13:08:05-05:00
<p><em>Joint blog by Thomas J. Vilsack, Secretary of Agriculture, and Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office</em></p><p><em><em><img alt="Rice harvest at a farm in Texas" src="https://www.uspto.gov/blogdata/img/RiceHarvest682.jpg"><em><br><em><em>Photo courtesy of USDA</em></em></em></em></em></p><p>The President outlined a multi-point plan to increase competition in the seed and agriculture space in his July 2021 <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/07/09/executive-order-on-promoting-competition-in-the-american-economy/" target="_blank">Executive Order on Promoting Competition in the American Economy</a>. Included in that plan is a call for the U.S. Department of Agriculture (USDA), in consultation with the U.S. Patent and Trademark Office (USPTO), to submit a report to the White House Competition Council on relevant concerns and strategies to help ensure “that the intellectual property system, while incentivizing innovation, does not also unnecessarily reduce competition in seed and other input markets.”</p><p>The Biden-Harris Administration, including the USDA and the USPTO, recognizes the importance of innovations in the seed and agricultural space, including ones that will mitigate climate-related disruptions to our food and agricultural systems. With more choices, and plant varieties tailored to local circumstances, farmers may gain potential revenue. In addition, diversifying variety development and production of seeds and other planting stock will make supply chains less vulnerable to disruption, give incentives to new market entrants to compete, and establish a fairer and more competitive market. </p><p>The investment in innovation in the seed and agriculture industry is made possible in part due to our intellectual property laws. The foundations of these laws were written into the U.S. Constitution by our nation’s founders, and innovators can utilize patents and plant variety protection to recoup and benefit from their investments during the limited terms provided. Indeed, USDA started its life as the then Patent Office’s Division of Agriculture, which for the first decades of our country distributed free seeds to farmers to promote agricultural production. Seeds were recognized over time as part of the intellectual property system through the Plant Variety Protection Act of 1970 and more recently through a series of court cases that recognized the availability of utility patents for seeds. </p><p>Today, the intellectual property system affecting seeds is diverse and robust. For example, the Plant Variety Protection Act permits farmers to save seeds for their own use and permits plant breeders to conduct research to develop the next variety. Our patent laws also allow for and encourage the disclosure of inventions, and for others to build on those innovations. These delicate sets of balances aim to reward and incentivize those who do the work to create original innovation, as well as protecting the public interest in continued innovation and fair competition. </p><p>But more must be done to ensure that the intellectual property system addresses the needs of agriculture today. While reliable intellectual property protection can incentivize seed and agricultural innovations, our patent system must not be used to unnecessarily reduce competition beyond what is reasonably contemplated by the law.</p><p>To further the objectives of President Biden’s Executive Order, the USDA recently completed its <a href="https://www.ams.usda.gov/sites/default/files/media/SeedsReport.pdf" target="_blank">report</a> in consultation with the USPTO Director, and the two agencies <a href="https://www.uspto.gov/sites/default/files/documents/uspto-usda-letters03072023.pdf" target="_blank">exchanged letters</a> outlining numerous initiatives they will undertake to execute the President’s agenda. Under a newly established USDA-USPTO Working Group on Competition and Intellectual Property, these initiatives will strengthen our relationship and expand the resources available for assessing patentability and addressing instances of patents being used to unnecessarily reduce competition.</p><p>The joint initiatives of the new Working Group include:</p><p>1. exploring joint USPTO-USDA opportunities for collecting broader stakeholder input from researchers, plant breeders, farmers, and others in the seed and agricultural input markets, <br>2. exploring initiatives to enhance the quality of the patent examination process for innovations related to agricultural products and processes, including opportunities for enhancing prior art search capabilities and providing additional training and guidance to patent examiners, <br>3. collaborating on initiatives that enhance the transparency of IP information for agriculture-related innovations and assess availability and viability of patented and off-patented germplasm, and <br>4. considering and evaluating new proposals for incentivizing and protecting innovation in the seed and agricultural-related space, including the broader adoption of research or plant breeders’ exemptions when U.S. utility patents cover seeds. </p><p>The USPTO is eager to work with USDA’s new Farmer Seed Liaison to facilitate greater interaction between the agricultural sector and the IP system. The USPTO and the USDA will further collaborate to develop policies aimed at protecting and promoting U.S. innovation in the seed and agriculture space while advancing competition that will support farmers and supply chain resilience. </p><p>We invite the public to participate in this process through upcoming outreach events and listening sessions, and we look forward to hearing a diversity of views on these important topics.</p><p>For more information on the Biden Administration’s initiative in the seed space, please go to the <a href="https://www.ams.usda.gov/about-ams/fair-competitive-seed" target="_blank">USDA’s seed competition website</a>.</p>
https://www.uspto.gov/blog/director/entry/free-resources-inventors-and-entrepreneurs
Free resources inventors and entrepreneurs need to know about
USPTO
2023-03-02T12:23:10-05:00
2023-03-03T13:29:08-05:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><img alt="Banner image of scientists and small business owners" src="https://www.uspto.gov/blogdata/img/iebanner682.jpg"></p>Do you know about the free resources the USPTO offers for inventors and entrepreneurs? From free legal assistance to patent and trademark boot camps, each of our programs provides one-on-one assistance and aims to meet you wherever you are on your innovation journey. <p></p><p><strong>Patent and trademark basics</strong></p><p><strong><img alt="image alternate text" src="https://www.uspto.gov/blogdata/img/PathtoaPatent682.jpg"></strong></p>Our <a href="https://www.uspto.gov/about-us/events/path-patent" target="_blank">Path to a Patent</a> quarterly webinar series covers everything from intellectual property (IP) basics to patent searching to what you’ll need to draft and submit your patent application. The series is part of our ongoing IP training for independent inventors, entrepreneurs, and small businesses.<p></p><p>In addition, our <a href="https://www.uspto.gov/about-us/events/trademark-basics-boot-camp" target="_blank">Trademark Basics series</a> is in its 10th cycle and is offered regularly throughout the year. Each module focuses on different aspects of trademarks and the registration process, from filing and examination to post-registration requirements for keeping your registration alive. And, of course, time for your specific trademark questions.</p><p><strong>Patent and Trademark One-day Boot Camps</strong></p><p><img alt="image alternate text" src="https://www.uspto.gov/blogdata/img/Patentsbootcamp682.jpg"></p>A new program launched last year, our single-day <a href="https://www.uspto.gov/about-us/events/one-day-patent-and-trademark-boot-camps?MURL=onedaybootcamp" target="_blank">Patent and Trademark Boot Camps</a> provide in-person, comprehensive overviews of how to file for a patent or register a trademark. Different from our patent and trademark webinars, these in-person workshops visit communities with limited or no internet access and cover what all entrepreneurs, small businesses, and start-ups should know about patents and trademarks. View our <a href="https://www.uspto.gov/about-us/events/one-day-patent-and-trademark-boot-camps?MURL=onedaybootcamp" target="_blank">schedule of upcoming patent and trademark boot camps</a>, and learn more about our outreach and education programs aimed at reaching aspiring innovators by working with national organizations on our <a href="https://www.uspto.gov/initiatives/accessuspto" target="_blank">AccessUSPTO page</a>.<p></p><p><strong>Free legal assistance (pro bono) programs</strong></p><p><strong><img alt="Graphic showing pro bono success statistics" src="https://www.uspto.gov/blogdata/img/Probono682.jpg"></strong></p>At the USPTO, we recognize that the cost of hiring legal representation can be a barrier for some inventors when applying to protect their intellectual property. To address this barrier, we launched the <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program" target="_blank">Patent Pro Bono Program</a> to provide free legal assistance to financially under-resourced inventors and small businesses for the purpose of securing patent protection. Each regional program provides services for residents of one or more states. Based on the success of the Patent Pro Bono Program, we also launched a <a href="https://www.uspto.gov/learning-and-resources/inventors-and-entrepreneurs/ttab-pro-bono-clearinghouse-program" target="_blank">Trademark Trial and Appeal Board Pro Bono Program</a> and <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/patent-trial-and-appeal-board-pro-bono-program-independent" target="_blank">Patent Trial and Appeal Board Pro Bono Program</a>. <p></p><p><strong>Law School Clinic Certification Program</strong></p><p><strong><em><img alt="Law school Clinic students visit the USPTO" src="https://www.uspto.gov/blogdata/img/Lawschoolclinic682.jpg"></em></strong></p><em>Law School Clinic students visit the USPTO (Photo by Jay Premack/USPTO)</em><p></p><p>Additionally, our <a href="https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1" target="_blank">Law School Clinic Certification Program</a> includes over 62 participating law schools that provide free legal services to eligible members of the public. Each year, students at the participating law schools assist numerous inventors, entrepreneurs, and small businesses with preparing, filing, and prosecuting patent and trademark applications. We <a href="https://www.uspto.gov/about-us/news-updates/more-pro-bono-uspto-expand-law-school-clinic-certification-program" target="_blank">recently announced</a> that we have extended the submission deadline for the program to January 5, 2024, to encourage more law schools to join. With greater law school participation, we can make an even greater impact. <a href="http://www.uspto.gov/lawschoolclinic" target="_blank">Find out more</a> about the Law School Clinic Certification Program and how your law school can apply to participate in the program.</p><p><strong>Patent and Trademark Resources Centers (PTRCs)</strong></p><p><strong><em><img alt="PTRC training at the USPTO" src="https://www.uspto.gov/blogdata/img/PTRCtraining682.jpg"></em></strong></p><em>PTRC training at the USPTO’s <a href="https://www.uspto.gov/ip-policy/global-intellectual-property-academy" target="_blank">Global Intellectual Property Academy</a> (Photo by Jay Premack/USPTO)</em><p></p><p>Another way to connect directly with someone for assistance with your IP questions is through our <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-and-trademark-resource-centers-ptrcs" target="_blank">Patent and Trademark Resource Centers Program</a> (PTRC). Located in more than 80 public, state, and academic libraries across the country, PTRC library staff are trained by the USPTO on how to use search tools to access patent and trademark information and connect individuals to our resources. They provide the human touch that no webpage or legal book can in helping inventors and small businesses find the information they need to protect their intellectual property. And very soon, the PTRCs will be providing training in even more locations. <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-and-trademark-resource-centers-ptrc/ptrc-locations" target="_blank">Find a PTRC near you</a>!</p><p><strong>Empowering Women’s Entrepreneurship (WE)</strong></p><p><strong><em><img alt="Images of WE kickoff event in November 2022" src="https://www.uspto.gov/blogdata/img/WEcollage682.jpg"></em></strong></p><em>The Women’s Entrepreneurship <a href="https://www.uspto.gov/about-us/events/womens-entrepreneurship-initiative-launch" target="_blank">kickoff event</a> took place on November 30, 2022 at the USPTO. The program featured stories and advice from successful women leaders, entrepreneurs, and funders as well as resources to help women get started, protect their IP, fund their ideas, and expand their network of mentors and advisors. <a href="https://www.youtube.com/watch?v=AHEac_R5ei4" target="_blank">Watch the recording</a>. (Photo by Jay Premack/USPTO)</em><p></p><p>Launched in November 2022, our <a href="https://www.uspto.gov/initiatives/we" target="_blank">Women’s Entrepreneurship initiative</a> is a community-focused, collaborative, and creative initiative to encourage and empower more women business founders across America. This program, which builds on the proven success of the USPTO’s <a href="https://www.uspto.gov/about-us/events/womens-entrepreneurship-symposium" target="_blank">Women’s Entrepreneurship Symposium</a>, features advice from those who have made it as well as resources to help women protect their intellectual property, fund their ideas, and expand their network of mentors and advisors. WE is near and dear to my heart, as a former business owner, investor, and adviser.</p><p>These are just a few of our free resources available to inventors and entrepreneurs. To find more, <br>• Visit our <a href="https://www.uspto.gov/learning-and-resources/access-our-free-services" target="_blank">Access Free Services page</a> and <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources" target="_blank">Inventor and Entrepreneurs Resources page</a>,<br>• Learn about upcoming programs on our <a href="https://www.uspto.gov/about-us/events" target="_blank">events page</a>,<br>• <a href="https://public.govdelivery.com/accounts/USPTO/subscriber/new" target="_blank">Subscribe to our email alerts</a> to be the first to know the latest updates, or<br>• <a href="https://www.uspto.gov/about-us/contact-us" target="_blank">Contact us</a> with questions or for more information!</p><p>Our goal is for the innovation system to be as diverse and inclusive as our country by working to provide equitable access for all. We hope to hear from you or see you at one of our upcoming trainings and events!</p>
https://www.uspto.gov/blog/director/entry/beyond-baker-rsquo-s-list
Beyond Baker’s list: Black innovation then and now
USPTO
2023-02-28T08:55:09-05:00
2023-02-28T08:55:09-05:00
<p><em>Guest blog by Rebekah Oakes, Acting Historian, USPTO</em><p><em><img alt="Henry Baker portrait photo" src="https://www.uspto.gov/blogdata/img/Bakerblogmainimage682.jpg"></em></p><em>Left to right: Richard F. America, Henry Baker, Marjorie Stewart Joyner (top), Cornell Conaway, Tope Mitchell, James West (bottom)</em><p></p><p>In the 1880s, <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/historical-stories/found-bakers-list" target="_blank">second assistant patent examiner </a>Henry E. Baker took on a project that would become his legacy: compiling the first list of African American patent holders. Over the next few decades, Baker’s list would grow to several hundred entries, an immense repository of contributions by Black inventors to the technological progress of humanity and a powerful record of the public quest for racial equality at the turn of the 20th century. Thanks to Baker’s tireless research, we have at our fingertips a vast repository of Black innovation throughout early U.S. history. Keep reading to learn how the inventors on Baker’s List have been changing the world for generations as creators, disruptors, and trailblazers in their respective industries, and how Black excellence in invention continues today.</p><p>One of the inventors on Baker’s List was Jan Matzeliger, who in 1883 changed the shoe industry forever with his <a href="https://image-ppubs.uspto.gov/dirsearch-public/print/downloadPdf/0274207" target="_blank">automatic lasting machine</a>. Born in Dutch Guiana (now Suriname), Matzeliger immigrated to the United States at the age of 20 and took a job operating a shoe-stitching machine. After watching the work of hand lasters at the factory, he set out to make the process of joining the sole to the upper part of the shoe more efficient. Matzeliger built his first model out of wooden cigar boxes, elastic, and wire, a prototype so complex that patent examiners had to see it in operation to understand how it worked. Matzeliger’s invention could produce 700 pairs of shoes per day, up from 50, making quality shoes widely affordable for the first time.</p><p>About 15 years later, in 1898, Lyda D. Newman received a <a href="https://image-ppubs.uspto.gov/dirsearch-public/print/downloadPdf/0614335" target="_blank">patent for a hairbrush </a>with fine synthetic bristles and an inner chamber that trapped dust and dirt. Reflecting expertise collected from her career as a hairdresser in New York City, Newman’s invention paved the way for other Black innovators to further revolutionize the hair-care industry, including <a href="https://www.invent.org/inductees/marjorie-stewart-joyner" target="_blank">2023 National Inventors Hall of Fame inductee Marjorie Stewart Joyner</a>.</p><p>Newman’s innovative mind blazed a trail for others to follow in many important areas. In the 1910s, she led efforts by the Woman Suffrage Party (WSP) to involve Black women in the struggle for the vote. Having built a grassroots suffrage campaign in her Manhattan neighborhood of San Juan Hill, she was approached to lead the effort for women’s suffrage among Black New Yorkers in 1915. The New York Times and other papers took notice of some of Newman’s strategies, including providing a daycare at WSP headquarters in San Juan Hill so that mothers wouldn’t have to choose between childcare and political involvement. </p><p><em></em><p><em><img alt="Hairbrush patent" src="https://www.uspto.gov/blogdata/img/Hairbrush682.jpg"></em></p><em>Lyda Newman’s 1898 patent for a hairbrush. One of the few women inventors on Baker’s list, Newman overcame the dual obstacles of racism and sexism in receiving a patent.</em> <p></p><p>Studying Baker’s list reveals inventor after inventor whose experiences helped them identify and solve problems, building upon existing products and innovations with their ideas. Alfred Cralle, a porter in a Pittsburgh hotel, invented the one-handed ice cream scoop still in use today. Sarah Boone, a dressmaker from New Haven, Connecticut, patented an improved ironing board shaped specifically for bodices and sleeves. If you use a lawn-mower attachment to collect grass clippings, you have Daniel Johnson of Kansas City, Missouri to thank. And, the eye protector patented by Powell Johnson of Barton, Alabama helped firefighters and furnace workers protect their eyesight from the bright glare of the fire. </p><p>The triumphs of these individuals reflect a time where, as the nation industrialized, more Americans were inventing than ever before. But Black innovators faced numerous challenges, including racist attitudes that prevented commercialization of their products. “We can never know the whole story,” Henry Baker lamented in his notes, as many inventors chose not to reveal their race, fearing it would harm the commercial value of their invention. </p><p>Progress was hard-fought and uneven. Nevertheless, the inventors on Baker’s list laid the foundation for today’s change-makers, some of whom joined us this month to tell their stories during our <a href="https://www.uspto.gov/about-us/events/black-innovation-and-entrepreneurship" target="_blank">Black Innovation & Entrepreneurship programs</a>:</p><p>• Dissatisfied with the workout grip devices available on the market, Cornell “Chico” Conaway started Gainz Sportsgear after designing and patenting Load N Lock Grips, which are longer and thicker than traditional grips. <br>• With over 250 patents, Jim West, a winner of the National Medal of Technology and Innovation, is best known for his invention of the electret microphone, technology that represents 90% of the microphones produced annually and found in everyday items like your cell phone. <br>• Tope Mitchell used her PhD in sociology to found Reflekt Me, a company that hyper-personalizes eCommerce sites to create inclusive communities, allowing fashion and beauty brands to engage with 100% of their digital buyers. </p><p>During our final <a href="https://www.uspto.gov/about-us/events/2023-black-innovation-and-entrepreneurship-part-three" target="_blank">Black Innovation & Entrepreneurship event of 2023 on February 24</a>, we premiered the documentary short "<a href="https://youtu.be/SBUvfYvst60" target="_blank">America’s Ingenuity</a>," created in partnership with the National Inventors Hall of Fame (NIHF). The film focuses on Richard F. America, one of the youngest Black inventors on Baker’s list, and features an interview with his son. We also <a href="https://www.uspto.gov/about-us/news-updates/uspto-rename-public-search-facility-after-pioneering-black-patent-examiner" target="_blank">announced</a> the USPTO will rename its Public Search Facility after Henry Baker, honoring both his dedicated career as a civil servant and his contributions to the historical record. </p><p><img alt="Screenshot of video interview with Richard American Jr" src="https://www.uspto.gov/blogdata/img/RFAJrinterview682.jpg"></p><em>In the film “America’s Ingenuity,” Richard F. America Jr., shares memories of his father, including information about his inventions, activism, and career as a public servant.</em> <p></p><p>As we learn more about the inventors on Baker’s list, we will continue to share their unique stories. In the style of Henry Baker, we are also using crowdsourcing to learn as much as we can. Here’s how you can help us document and recognize the history of Black innovation: </p><p>• If you are the descendant of a Black inventor, or know of a past innovator who lived or worked in your community, please reach out to <a href="mailto:historian@uspto.gov">historian@uspto.gov</a>. <br>• Nominate a world-changing innovator to receive the <a href="https://www.uspto.gov/about-us/news-updates/nomination-period-opens-prestigious-national-medal-technology-and-innovation" target="_blank">National Medal of Technology and Innovation</a>, the nation’s highest honor for technological achievement.<br>• Consider nominating an inventor to be included in a future class of the <a href="https://www.invent.org/inductees/nominate-inventor" target="_blank">National Inventors Hall of Fame</a>. </p><p>We can never know the whole story, but by studying and expanding on Baker’s work, we can get a much fuller picture of the Black creators, trailblazers, and disruptors who helped invent modern America. We are proud to honor these innovation heroes.</p><p><em>Editor's note: The accomplishments of Henry Baker and the pioneering inventors on Baker's list were recently featured in a <a href="https://www.washingtonpost.com/history/2023/02/27/inventors-black-history-patents/" target="_blank">Washington Post article</a>.</em></p>
https://www.uspto.gov/blog/director/entry/equip-hq-empowering-students-and
EquIP HQ: Empowering students and teachers with invention and intellectual property skills
USPTO
2023-02-23T08:55:53-05:00
2023-02-23T08:55:53-05:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><em><em><img alt="Youth Day at the USPTO" src="https://www.uspto.gov/blogdata/img/YouthDay682.jpg"></em></em></p><em>On August 8, 2022, students, parents, and educators got firsthand experience trying out EquIP HQ at the USPTO in Alexandria, VA. (Photo by Michael Cleveland/USPTO)</em> <p></p><p>Do you know which president had a patent? Do you want to design your own trademark? </p><p>These are just some of the questions and fun activities posed by <a href="https://equiphq.org/" target="_blank">EquIP HQ</a>, the USPTO’s new invention education resource that we are thrilled to launch today. The online platform, created by and for the USPTO with support from digital education contractor Second Avenue Learning, provides free tools to teach students real-world invention and intellectual property (IP) skills. </p><p>Whether you’re a school administrator, teacher, student, parent, or caregiver, EquIP HQ has something for everyone. You can watch inspirational and educational videos, learn about IP throughout history, or find lesson plans, all while learning how you, too, can innovate and change the world. Activities are tailored to students’ grade level and range from online games to learning about IP, to hearing stories from young inventors, to more complex activities like learning how patent claims are drafted.</p><p><em><img alt="Director Vidal and Deputy Chief of Staff of the U.S. Department of Education Donna Harris-Aikens read a book to students at Cora Kelly Elementary School" src="https://www.uspto.gov/blogdata/img/CoraKelly2682.jpg"></em></p><em>Director Kathi Vidal and Deputy Chief of Staff of the U.S. Department of Education Donna Harris-Aikens read the book “Abby Invents Unbreakable Crayons” by Dr. Arlyne Simon to second graders at Cora Kelly School for Math, Science, and Technology on World IP Day, April 26, 2022. (Photo by Jay Premack/USPTO)</em><p></p><p>The primary goal of EquIP HQ is to raise intellectual property awareness, knowledge, and understanding among K-12 learners and educators. Invention education and learning about the importance of IP is for every student, and empowering them to recognize the innovator within is a core part of our mission at the USPTO. Reaching students at an early age with fun and engaging content to learn how to invent and protect their creations is critical to inclusive innovation. Our hope that each student who uses EquIP HQ will realize that their ideas are powerful and can change the world. </p><p><a href="https://www.uspto.gov/initiatives/equity/importance-equity-innovation" target="_blank">Research has shown</a> that inventing and entrepreneurship are crucial to the United States’ economic success; however, it has also revealed significant disparities in opportunities to innovate across the country. If we, as a nation, can build an innovation economy that more closely reflects the diversity of our citizens and equally enables everyone to invent, start businesses, and access IP protection, just think of the problems we would solve! The USPTO is dedicated to advancing this endeavor.</p><p>It is also crucial that we take a united approach to empowering all innovators. That is why we strongly support the U.S. Department of Education’s <a href="https://www.ed.gov/stem" target="_blank">You Belong in STEM initiative</a>, the National Science Foundation’s <a href="https://www.includesnetwork.org/home" target="_blank">INCLUDES National Network</a>, and we work closely with many other educational organizations and minority serving institutions to advance inclusive innovation at an early age.</p><p><em><img alt="Deputy Director Brent Simon spoke with Dr. Arlyne Simon at InventEd" src="https://www.uspto.gov/blogdata/img/BrentSimon682.jpg"></em></p><em>On November 16, 2022, Deputy Director of the USPTO Derrick Brent held a fireside chat with Dr. Arlyne Simon about <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/cultivating-curiosity" target="_blank">her inspiring journey as a young inventor</a> at the 2022 InventEd conference in Alexandria, Virginia. The USPTO works closely with the InventEd Network, a coalition of educators, program providers, funders, researchers, and more who are building and advocating for invention education. (Photo by Jay Premack/USPTO)</em><p></p><p>We love the work we do with educators across the country and are always inspired by their creativity. If you are a K-12 educator interested in incorporating more fun and interactive intellectual property lessons in your classroom, we want to meet you! We host <a href="https://www.uspto.gov/learning-and-resources/kids-educators/k-12-education-events" target="_blank">monthly professional development webinars</a> on the last Tuesday of each month that offer insightful stories, tips, and tricks for K-12 educators to integrate invention activities into their STEM/STEAM curriculum. Our <a href="https://www.uspto.gov/about-us/events/equip-hq-new-and-exciting-resource-learners-and-educators" target="_blank">February 28 webinar</a> will focus on EquIP HQ.</p><p>We will also be showcasing EquIP HQ at events around the country! Look for us at the <a href="https://www.sxswedu.com/exhibition/" target="_blank">South by Southwest EDU Expo</a> in Austin, March 6-8. In addition, we are now accepting applications for our popular <a href="https://www.uspto.gov/learning-and-resources/kids-educators/nsti" target="_blank">National Summer Teacher Institute (NSTI) on Innovation, STEM, and IP</a>. NSTI is a multi-day professional development opportunity for K-12 educators to boost their knowledge of making, inventing, and intellectual property concepts, including using tools like EquIP HQ. The deadline to apply is March 31, and the program will take place July 16-21 in St. Louis. And learn more about all our resources for kids and educators, upcoming events, and outreach efforts on our <a href="https://www.uspto.gov/learning-and-resources/kids-educators" target="_blank">Office of Education page</a>.</p><p>We want to hear from you! Let us know what you think of EquIP HQ by emailing your feedback and suggestions to <a href="mailto:education@uspto.gov">education@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/black-history-month-advocating-for
Black History Month: Advocating for and supporting diversity, equity, and inclusion at the USPTO
USPTO
2023-02-22T14:26:27-05:00
2023-02-22T14:26:27-05:00
<p><em>This <a href="https://www.commerce.gov/news/blog/2023/02/black-history-month-advocating-and-supporting-diversity-equity-and-inclusion" target="_blank">blog</a> post is part of a series showcasing the diverse African American leaders from across the U.S. Department of Commerce in honor of Black History Month.</em> </p><p><em>By James O. Wilson, Assistant Regional Director of the Midwest Regional Office of the USPTO</em></p><p><img alt="Graphic for Black History Month featuring James O. Wilson" src="https://www.uspto.gov/blogdata/img/JamesWilsonDOC682.jpg"></p>I entered the Department of Commerce’s United States Patent and Trademark Office (USPTO) in January of 1989. I was hired and inspired by one of the first African American female examiners in the examining corps, Mrs. Johnnie Brown. I have loved the ability to engage, support, and nurture relationships with colleagues of different ages, ethnicities, and educational backgrounds. As a performance-based organization, I feel the USPTO provided me the opportunity to advance on the strength of my performance and dedication to fulfilling the goals set before me. I examined patents for 14 years in the biotech and pharmaceutical arts before becoming a supervisory patent examiner. As a supervisor, I worked diligently to maintain a diverse, high-functioning art unit. Service, fairness, and support for my colleagues has served as the foundation for my career.<p></p><p><strong>A Look Back</strong></p><p>Born in the early 1960s, I am truly a product of the late 20th century. I started elementary school at the end of the civil rights movement in the late 1960s and in the 1970s, and I watched the Vietnam War casualty numbers reported on the news at dinner time every night. My public-school education in a “post-civil rights movement era” included being bussed to elementary and middle school where I developed relationships with friends from divergent backgrounds.</p><p>My college career started at “The Mecca” of Historically Black Colleges and Universities, Howard University in Washington, D.C. in 1980. There, I developed a strong sense of self identity and established the foundation for the goals for my life. I pledged a Black Greek Letter Organization, Alpha Phi Alpha Fraternity, Inc., whose motto “manly deeds, scholarship and love for all mankind” has become indelibly ingrained in my mind, heart, and spirit. A year after graduating from Howard, I entered the University of Michigan where I received my Masters of Science degree in Cellular and Molecular Biology. That same year, I was hired to work in a biotech lab that supported the work of Dr. Anthony Fauci, where I sequenced and isolated pieces of the HIV genome that were made available to his lab for testing.</p><p><strong>Opportunities at the USPTO</strong></p><p>In March of 2017, I returned to Michigan and accepted a detail position in Detroit at the USPTO’s Elijah J. McCoy Midwest Regional Office as a resource supervisor, helping new examiners understand their role and responsibilities. That first year, I agreed to serve as the acting assistant regional director, and when the regional director moved on from the office, I assumed the role of acting regional director for over a year. As the current Assistant Regional Director. I am so fortunate to work with a team whose goals include engaging and serving minority, women, and veteran intellectual property stakeholders. I appreciate being an active participant in making a difference in the intellectual property ecosystem, and educating and engaging diverse citizens throughout the Midwest and this great country.</p><p>In 2022, I had the honor and responsibility to serve the Midwest Regional Office of the USPTO as the point of contact for a contract with the Urban Alliance in the USPTO IP-skills work-based learning program. This was the first year the regional office participated in this work-based learning program for high school seniors in Detroit. Our office performed so well that Urban Alliance recognized us as the workplace partner of the year. Additionally, I was recognized as the mentor of the year for the Midwest region, and the intern I mentored, Malachi Harris, was recognized as the intern of the year for the Midwest. I share this recognition with the USPTO’s Office of Education and the dedicated Midwest Regional Office staff who provided amazing support. The 2023 Urban Alliance cohort has started and is in full swing. I look forward to the promise of another successful year at the best place to work in the federal government.</p><p>I am honored to have this opportunity to share my experiences and my unique American journey during Black History Month. Black History Month, which grew out of “Negro History Week” and was advocated for and supported by prominent African Americans, most notably Carter G. Woodson, pays tribute to the Black experience in America. For me, Black History Month spotlights the triumphs, trials and traumas of a people woven into the fabric of American culture. We must continue to recognize the educators, clergy, entertainers, athletes, George Floyds, Michael Browns, Ahmaud Arberys, and Breonna Taylors of the Black community. I am proud to work for an agency that purposefully celebrates diversity monthly and celebrates, reflects, and recognizes all Americans. My perspective is deeply rooted in my belief that all people from diverse backgrounds should be celebrated and recognized equitably and inclusively. I have advocated for and continue to support the diversity, equity, inclusion, and access efforts by the USPTO and the overall Department of Commerce mission. I know that Black history is American history. </p>
https://www.uspto.gov/blog/director/entry/connecting-entrepreneurs-with-government-resources
Connecting entrepreneurs with government resources at CES
USPTO
2023-02-09T08:14:16-05:00
2023-02-09T08:14:16-05:00
<p><i>Guest blog by Derrick Brent, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office</i></p><p><i><img alt="Deputy Director Brent meets with businesses at CES 2023" src="https://www.uspto.gov/blogdata/img/DDBrentCES682.jpg"></i></p><i>Deputy Director Brent spoke with small businesses and entrepreneurs at CES 2023 to hear their stories and share how USPTO resources can assist them in protecting their intellectual property (IP). (Photo by Jeff Isaacs/USPTO)</i><p></p><p>In early January, I attended CES for the first time ever. As a fan of gadgets, technology, and innovation, the experience was amazing. It was a chance to see today and a chance to see tomorrow. To paraphrase the song, the future’s so bright, I gotta wear AR shades!</p><p>Now I admit to being biased, but one of my favorite exhibits was the U.S. government pavilion in Eureka Park. Set amongst startups from countries around the world, the USPTO brought together partners from other agencies to show innovators the many resources available to help them along their journey. Also, the exhibit connected entrepreneurs and inventors to IP experts at USPTO headquarters through a kiosk with videoconferencing. The booth demonstrated the essence of the USPTO’s mission – reaching out and meeting innovators, wherever they are, to provide support and services, and stress the importance of intellectual property. From the traffic I saw during several visits, the USPTO and its partners were successful in fulfilling that mission.</p><p><i><img alt="U.S. Government Pavilion at CES 2023" src="https://www.uspto.gov/blogdata/img/CESbooth2023682.jpg"></i></p><i>United States government pavilion at CES 2023. (Photo by Jeff Isaacs/USPTO)</i><p></p><p>The USPTO began exhibiting at CES—with its ~100,000 attendees—in 2015. Since then, we have partnered with an increasing number of federal agencies to offer a one-stop shop for those interested in learning about U.S. government resources that benefit their businesses. The government pavilion that the USPTO spearheads is in an exhibition called Eureka Park, where about 1,000 startup businesses from around the world showcase their products and services. Many, if not all, have or need some form of IP protection. This year, we were joined by our friends at the <a href="https://www.nsf.gov/" target="_blank">National Science Foundation</a>, <a href="https://www.trade.gov/selectusa-home" target="_blank">International Trade Administration (SelectUSA)</a>, <a href="https://www.trade.gov/us-commercial-service" target="_blank">U.S. Commercial Service</a>, <a href="https://www.sba.gov/" target="_blank">Small Business Administration</a>, <a href="https://www.mbda.gov/" target="_blank">Minority Business Development Agency</a>, <a href="https://www.darpa.mil/" target="_blank">Defense Advance Research Projects Agency</a>, and <a href="https://www.armysbir.army.mil/" target="_blank">Army</a>, <a href="https://www.navysbir.com/" target="_blank">Navy</a>, and <a href="https://www.afsbirsttr.af.mil/" target="_blank">Air Force</a> Small Business Innovation Research and Small Business Technology Transfer Programs. In addition to areas for each agency to chat with visitors, the booth included a live stage for startup presentations, an interactive anti-counterfeiting exhibit, a virtual kiosk connecting CES attendees with additional USPTO staff experts, and a meeting space for more in-depth discussions with on-site staff. Overall, more than 4,000 conference attendees visited the U.S. government pavilion to learn more about the resources the USPTO and other federal agencies provide businesses. And what a cool experience it was.</p><p><i><img alt="Several images showing U.S. Government pavilion at CES 2023" src="https://www.uspto.gov/blogdata/img/CEScollage682.jpg"></i></p><i>Representatives from the USPTO and nine other federal partner agencies spoke with CES attendees at the U.S. government pavilion. (Photos by Jeff Isaacs/USPTO)</i><p></p><p>VCRs, satellite radio, and 3D printers are among the many history-making technologies that have been announced at CES throughout the 55 years of the technology trade show. This year, I had the chance to see some of the latest technology and innovation trends that will soon come across the desks of our patent and trademark examiners: artificial intelligence, quantum computing, synthetic biology, blockchain, precision medicine, virtual reality. I enjoyed the opportunity to engage with a number of startups, small business owners, and independent inventors. It was a privilege to hear their stories—both their successes and their challenges along the way—and share with them how the USPTO can best assist them in incentivizing and protecting their innovations.</p><p><i><img alt="Collage of 2023 National Inventors Hall of Fame inductees" src="https://www.uspto.gov/blogdata/img/NIHF50thcollage682.jpg"></i></p><i>2023 National Inventors Hall of Fame (NIHF) inductees (Photo courtesy of NIHF)</i><p></p><p>Another highlight of CES was the announcement of the <a href="https://www.invent.org/blog/behind-nihf-scenes/2023-inductees" target="_blank">sixteen inductees in the 50th class of National Inventors Hall of Fame®</a> who we will honor later this year. With work spanning over a century, their landmark inventions are in fields ranging from construction to cosmetics to cybersecurity. From the inventors of the mRNA technology found in modern vaccines to the reCAPTCHA web security program and innovations in wheelchair technologies that have benefited countless individuals with disabilities, these innovation pioneers have saved lives with breakthroughs in cancer research, cardiac health, and vaccinations, won Nobel Prizes, and changed the way we understand the world. </p><p>CES is but one way we actively work to reach people where they are to assist their entrepreneurial ventures. We host <a href="https://www.uspto.gov/about-us/events" target="_blank">monthly outreach and training events</a> for all audiences, whether you’re new to the innovation system or a regular on the scene. These events feature stories from inspiring innovators, information about intellectual property in business, and tips on how to file for patent and/or trademark protection.</p><p>If you are an inventor or entrepreneur, the USPTO can help you wherever you are on your innovation journey. I encourage you to learn about the <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources" target="_blank">resources we offer</a>, from patent and trademark basics, to protecting yourself against scams, to pro bono assistance, or connect with us at your closest USPTO regional office or at an upcoming outreach event. That includes our <a href="https://www.uspto.gov/about-us/news-updates/uspto-introduces-new-tool-help-creators-identify-their-intellectual-property" target="_blank">newly launched Intellectual Property Identifier Tool</a>, which provides easily digestible IP information for those less familiar with IP. We are here to help and I look forward to meeting with many more of you in the future.</p>
https://www.uspto.gov/blog/director/entry/help-our-nation-honor-the
Help our nation honor the innovators who have inspired you
USPTO
2023-02-07T10:13:23-05:00
2023-02-07T17:37:18-05:00
<p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i></p><p><i><a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/field-stories/going-beyond-horizon" target="_blank"><img alt="James West works with students in his lab at MIT" src="https://www.uspto.gov/blogdata/img/West682.jpg"></a></i></p><i><a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/field-stories/going-beyond-horizon" target="_blank">James West</a> has been recognized as an NMTI Laureate, IEEE Fellow, inductee to the National Inventors Hall of Fame, and recipient of the George R. Stibitz Trophy for his work on electret microphones, which are used in everyday items such as telephones, sound and music recording equipment, and hearing aids. A recipient of over 200 U.S. and foreign patents, West is also an advocate for science education, particularly among minority students. West is shown collaborating on a project with graduate students in his lab at Johns Hopkins University. (Photo by Jay Premack/USPTO)</i><p></p><p>Innovation is a powerful tool that powers our economy. The products of American ingenuity can be found in nearly every home, office, lab, hospital, and in the hands or pockets of countless millions around the world. It’s what helps save lives, improve our standard of living, and send us breathtaking images from inside the human body to the far corners of our galaxy and beyond. We owe these historic, technological advancements to the dedication and efforts of scientists and inventors across our great nation. </p><p><img alt="Nobel and NMTI Laureate Frances Arnold" src="https://www.uspto.gov/blogdata/img/Arnold682.jpg"><i><br></i></p><p><i><a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/beyond-nobel" target="_blank">Frances Arnold</a> became the first American female Nobel laureate in chemistry in 2018, for her work in harnessing the power of evolution to create new proteins that have useful properties not found in nature. A winner of the National Medal of Technology and Innovation, an inductee in the National Inventors Hall of Fame, and currently serving as co-chair of the President’s Council of Advisors on Science and Technology, she is passionate about mentoring the next generation of young scientists. (Photo courtesy of Caltech)</i></p><p>To recognize these top innovators, the USPTO is <a href="https://www.uspto.gov/about-us/news-updates/nomination-period-opens-prestigious-national-medal-technology-and-innovation" target="_blank">currently accepting nominations</a> for the <a href="https://www.uspto.gov/learning-and-resources/ip-programs-and-awards/national-medal-technology-and-innovation-nmti" target="_blank">National Medal of Technology and Innovation</a> (NMTI), our nation’s highest honor for technological achievement. The NMTI is a powerful symbol and incentive that encourages future generations to pursue scientific and technical careers, improve our world, and keep the United States at the forefront of global innovation.</p><p><i><img alt="Collage of several NMTI Laureates" src="https://www.uspto.gov/blogdata/img/NMTIcollage682.jpg"></i></p><i>NMTI Laureates, from left, Steve Wozniak and Steve Jobs, shown with President Reagan, Yvonne Brill, shown with President Obama, James West, Frances Arnold, and Cherry Murray.</i><p></p><p>The President of the United States awards the NMTI to individuals, teams, and companies that have made lasting contributions to America’s competitiveness, standard of living, and quality of life through technological innovation. Since the medal’s inception in 1980, only 220 people have received this prestigious recognition. Past NMTI Laureates have included:</p><p>• <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/beyond-nobel" target="_blank">Frances Arnold</a>, whose work focuses on making fuel and chemicals from renewable sources</p><p>• <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/defying-doubters" target="_blank">Bob Metcalfe</a>, an internet pioneer who proposed the idea of the Ethernet</p><p>• <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/failure-or-challenge" target="_blank">Cherry Murray</a>, who invented an optical data storage system for telecommunication</p><p>• <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/field-stories/going-beyond-horizon" target="_blank">James West</a>, co-inventor of the foil electret microphone, which is used in phones, computers, and hearing aids</p><p>You can learn more about these and other NMTI Laureates on the <a href="https://nationalmedals.org/timeline/?v=21" target="_blank">National Science & Technology Medals Foundation’s website</a>.</p><p><i><img alt="National Medal of Technology and Innovation" src="https://www.uspto.gov/blogdata/img/NMTI682.jpg"></i></p><i>The <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/field-stories/going-beyond-horizon" target="_blank">design</a> for the National Medal of Technology and Innovation is the work of medalist and sculptor Mico Kaufman of North Tewksbury, Massachusetts. (Photo by Jay Premack/USPTO) </i><p></p><p>The NMTI is one way our country recognizes leaders in innovation and inspires others to become innovators themselves. Innovation is a powerful tool to vanquish inequities, generate economic growth, and solve world problems. The USPTO, along with every sector of the innovation community, must incentivize more Americans to innovate and discover America’s untapped potential. Our country will benefit significantly from these ideas, companies, and creative works. </p><p>We invite nominations for the NMTI that represent the diversity and ingenuity of innovators from across the United States. If you know of a person, team, or company that has changed the technological landscape through their discoveries and achievements, you can nominate them on the <a href="https://www.uspto.gov/learning-and-resources/ip-programs-and-awards/national-medal-technology-and-innovation-nmti" target="_blank">NMTI page of the USPTO website</a> through May 26.</p><p>For more information on the NMTI and the award process, attend our <a href="https://www.uspto.gov/about-us/events/national-medal-technology-and-innovation-webinar-2023" target="_blank">webinar on March 16</a>, <a href="http://public.govdelivery.com/accounts/USPTO/subscriber/new?topic_id=USPTO_30" target="_blank">sign up for the USPTO Awards newsletter</a>, or contact us at nmti@uspto.gov.</p>
https://www.uspto.gov/blog/director/entry/uspto-rsquo-s-trademark-public
USPTO’s Trademark Public Advisory Committee: Where we’ve been and where we’re headed
USPTO
2023-02-02T08:33:10-05:00
2023-02-02T10:00:34-05:00
<p><i>Guest blog by David Cho, current chair of t</i><i>he USPTO’s Trademark Public Advisory Committee (TPAC)</i><i> and Assistant Vice President Senior Legal Counsel, Trademarks & Copyrights of AT&T Services, Inc., and Susan Natland, immediate past chair of TPAC and co-chair of Knobbe Martens Trademark and Brand Protection Group</i></p><p><img alt="Current and former TPAC chairs" src="https://www.uspto.gov/blogdata/img/TPACchairs682.jpg"></p>As the main stakeholder advisory body for trademarks, the USPTO’s <a href="https://www.uspto.gov/about-us/organizational-offices/public-advisory-committees/trademark-public-advisory-committee-2" target="_blank">Trademark Public Advisory Committee</a> (TPAC) plays a significant role in the trademark ecosystem. TPAC is a statutorily required advisory board comprising nine voting members appointed by the Secretary of Commerce. TPAC’s role is to provide input to the Director of the USPTO on the management, policy, goals, performance, budget and user fees related to trademark operations. TPAC’s contribution impacts not only the USPTO’s Trademark operations, but the entire trademark community. <p></p><p>So, what are the key takeaways in the world of TPAC from 2022 and what can we expect in 2023? </p><p><b>Reduction in time to first examination: </b>The USPTO has <a href="https://www.uspto.gov/blog/director/entry/what-a-huge-surge-in" target="_blank">seen record trademark filings in recent years</a>, creating a massive “inventory” of trademark applications waiting to be examined. In 2022, the time from the filing of a trademark application to its first substantive review by the USPTO – also known as “first action pendency” – rose to an average of more than eight months. To put this in context, first action pendency in 2019 and 2020 was between three and four months. By the start of 2021, the flood of new applications started driving up first action pendency. In support of the Trademark Office leadership, TPAC members provided valuable analysis and feedback as the USPTO implemented initiatives to meaningfully reduce pendency. These include measures such as hiring and training new examining attorneys and other personnel, streamlining workflows, changing procedures, as well as deploying IT solutions to increase examination efficiency. These efforts are continuing in 2023 with ongoing TPAC advice. </p><p><b>Addressing trademark scams and fraud on the USPTO:</b> In 2022, TPAC provided timely advice to the USPTO as they continued to address the increasing issue of fraud on the USPTO, which affects the integrity of the trademark register and causes ripple effects across the trademark community. TPAC strongly supported the USPTO’s ongoing efforts to crack down on fraud in 2022, including: (i) alerting users to known scammers by posting a list of scammers on the USPTO website; (ii) working with law enforcement where appropriate and sanctioning filers that violate USPTO rules; (iii) securing federal registration of the USPTO’s own trademarks to assist in stopping USPTO impersonators; and (iv) implementing a new system requiring all trademark filers to verify their identities as a condition for filing electronic trademark forms. We expect to see continued and additional efforts in these areas in 2023.</p><p><b>Advancing equity across the brand community: </b>In 2022, TPAC’s Diversity, Equity, Inclusion and Accessibility (DEIA) Task Force provided valuable guidance on and support for USPTO initiatives related to diversity and inclusion both within and outside the agency. TPAC’s commitment to focusing on increasing access and opportunities for all those with dreams of entrepreneurship led to elevating this task force to a subcommittee called Innovative Inclusion.</p><p><b>Combatting counterfeits:</b> TPAC also strongly supported Director Vidal and the USPTO’s <a href="https://www.uspto.gov/blog/director/entry/go-for-real-an-innovative" target="_blank">efforts to combat counterfeiting</a>. In 2022, TPAC provided Director Vidal with ideas to address this scourge—some more traditional, such as increased and updated consumer (i.e., “buyer side”) education, and some more “outside the box.” TPAC believes that Director Vidal and the USPTO have done a great job articulating and providing visibility into the harm counterfeits bring to the U.S. economy, brand owners, consumers and communities. Keep an eye out for additional work in 2023 in this area as TPAC continues to provide input through a sub group experienced in fighting counterfeiting.</p><p><b>Highlighting the value of trademarks: </b>A key part of TPAC’s focus is championing the value that trademarks bring to the U.S. economy. The USPTO’s <a href="https://www.uspto.gov/about-us/news-updates/latest-uspto-report-finds-industries-intensively-use-intellectual-property-0" target="_blank">March 2022 report on IP and the U.S. economy</a> showed the enormous role that trademarks add to the financial health of U.S. IP-intensive industries, which accounted for $7.8 trillion in U.S. annual GDP. Of that total, $6.9 trillion—about one third of the entire U.S. GDP—comes from trademark-intensive industries. In addition, the report found that trademark-intensive industries supported more than 56 million U.S. jobs. The more we highlight the value of trademarks, the more the U.S. economy grows, consumers are protected, and creativity and innovation flourish.</p><p><i><img alt="Quarterly TPAC meeting in July 2022" src="https://www.uspto.gov/blogdata/img/TPAC682.jpg"></i></p><i>Quarterly meeting of the Trademark Public Advisory Committee meeting on July 22, 2022 in Alexandria, Virginia (Photo by Jeff Isaacs/USPTO)</i><p></p><p>One way to highlight the value of trademarks it to honor them, and we look forward to further opportunities in 2023 and beyond to celebrate these critical legal protections that propel commerce and the U.S. economy. We also encourage you to check out USPTO’s <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation" target="_blank">Journeys of Innovation series</a> which shares the stories of inspiring entrepreneurs whose trademarks serve as a critical way to communicate with their customers. These real-life stories truly exemplify the power of trademarks.</p><p>We have touched on a few highlights here, but this is just the tip of the iceberg! We encourage the trademark community to get involved in TPAC (more information can be found on the <a href="https://www.uspto.gov/about-us/organizational-offices/public-advisory-committees/trademark-public-advisory-committee-2" target="_blank">TPAC page</a> of the USPTO website), to attend a TPAC public meeting, and to read more about the important work of our committee in our <a href="https://patentsgazette.uspto.gov/week47/OG/2022TPACAnnualReport.pdf" target="_blank">2022 TPAC Annual Report</a>. </p><p><i>Note: The current 2023 TPAC voting members are: David J. Cho (Chair), Adraea Brown (Vice Chair), Jomarie Fredericks, Tracy Deutmeyer, Dana Brown Northcott, Rodrick Enns, Deborah Gerhardt, Donna Griffiths, and Amy Hsiao. Each person is appointed by the Secretary of Commerce to serve on TPAC for a three-year term. For more information about the TPAC, its members and its work, visit the <a href="https://www.uspto.gov/about-us/organizational-offices/public-advisory-committees/trademark-public-advisory-committee-2" target="_blank">TPAC page</a> of the USPTO website.</i></p>
https://www.uspto.gov/blog/director/entry/the-unleashing-american-innovators-act
The Unleashing American Innovators Act: Promoting inclusive innovation under the new law
USPTO
2023-01-10T08:57:24-05:00
2023-01-10T08:57:24-05:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><em><em><img alt="Director Vidal visited Garey High School in Pomona, California to congratulate students" src="https://www.uspto.gov/blogdata/img/Garey682.jpg"></em></em></p><em>On September 19, Director Vidal joined a team of student inventors at Garey High School in Pomona, California to congratulate them on inventing and patenting a device allowing patients with diabetes to self-monitor foot health.</em><p></p><p>Since I took the helm of the USPTO in April of 2022, the USPTO has been working feverishly to unleash America’s potential. We immediately expanded our pro bono efforts, focused on outreach and impact, and are working on ways to better support those new to the innovation ecosystem. We are guided by the vision that by quadrupling the number of U.S. inventors, we can expand our economy, and GDP, by $1 trillion. We can create more and better jobs in more communities and give every American the opportunity, tools, and support to pursue the American dream.</p><p>With the support of Congress and President Biden, and the Senator Patrick Leahy-led Unleashing American Innovators Act of 2022, signed into law as part of the <a href="https://www.congress.gov/117/bills/hr2617/BILLS-117hr2617enr.pdf" target="_blank">Consolidated Appropriations Act, 2023</a> on December 29, now is the moment to make lasting, sustainable change.</p><p><em><img alt="The USPTO and Copyright Office congratulate Senator Leahy" src="https://www.uspto.gov/blogdata/img/Leahy682.jpg"></em></p><em>On November 29, the USPTO joined the U.S. Copyright Office to honor Senator Leahy’s 48 years in the U.S. Senate and his considerable contributions to the nation’s intellectual property (IP) system.</em><p></p><p><em><strong>First, we must reach people where they are to bring them into the innovation ecosystem.</strong></em> The USPTO has been focused on outreach and impact, including the impact of the USPTO throughout the country. After hosting a two-day summit at our Rocky Mountain Regional Office in Denver, Colorado this past summer, we have been working on a plan to increase our geographic reach, and have been awaiting passage of the Unleashing American Innovators Act of 2022. Now that the bill is law, we are positioned to move forward quickly. </p><p>The bill supports USPTO’s expanded outreach efforts by requiring the USPTO to establish, within three years, a Southeast Regional Office, serving the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, and Arkansas. The bill also requires the USPTO to report out within two years on whether additional offices are necessary to further increase participation in the patent system by individuals who have historically been underrepresented in patent filings. </p><p>In addition to satellite offices, the bill calls for the USPTO to establish community outreach offices within five years, including one in the New England region and in areas of the country where minority business owners are not as prevalent to help increase the number of underrepresented inventors and entrepreneurs in those areas. </p><p><em><strong>Second, we must reduce the innovation ecosystem’s barriers to entry.</strong></em> As a fee-funded agency, we continually need to assess and adjust fees to ensure we are recovering costs to produce the most robust and reliable IP protection possible. This work is critical to the U.S. economy in securing investment, innovation and jobs in the U.S., and to advance an IP system that is accessible to all. Although small- and micro-entity fees help keep fees lower for those who are under-resourced, more needed to be done. Accordingly, the bill increased small entity discounts from 50 percent to 60 percent and micro entity discounts from 75 percent to 80 percent (view the <a href="https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule" target="_blank">updated USPTO fee schedule</a> on our website).</p><p>While fees can pose a barrier to new entrants to our innovation economy, the fees charged by the USPTO are often dwarfed by the price of legal counsel. Recognizing that some applicants will need to proceed pro se (without legal counsel), the USPTO launched a <a href="http://www.uspto.gov/ProSePatents" target="_blank">Patent Pro Se Assistance Program</a> to provide those applicants additional assistance on how to obtain a patent. </p><p>We have also been working since my first day to expand the USPTO’s <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program?MURL=probonopatents" target="_blank">Patent Pro Bono Program</a> for independent inventors and small businesses. When we reach out and meet people where they are with pro bono legal services, we serve a broader group of constituents. Our data shows while the number of women inventors named on patents remains around 12-13%, the percentage of pro bono participants benefitting from our services is 41% women, 30% African American or black, 14% Hispanic American, 5.6% Asian American or Native Pacific Islander, and 1.5% Native American. In other words, pro bono counsel is providing critical assistance to underrepresented inventors and serving as the bridge to our innovation economy.</p><p>The bill supports our efforts to further build our pro bono programs, calling for us to complete a study within the next year on our pro bono programs and work with our Pro Bono Advisory Council, the regional program operators, and IP law associations across the country to implement meaningful changes that will help us expand efforts to provide free assistance to inventors and entrepreneurs. It also calls for the expansion of income eligibility to allow more innovators to benefit from these programs, putting the threshold at 400 percent of the federal poverty line as an individual’s gross household income. We are thrilled to continue this critical work.</p><p><em><strong>Third, we must provide those new to the innovation ecosystem the education and support they need to be successful.</strong></em> </p><p>The USPTO offers extensive <a href="https://www.uspto.gov/learning-and-resources/access-our-free-services" target="_blank">free services and courses</a> to educate the public, including those new to the IP ecosystem, on ways in which IP protection can help them bring their ideas to reality and build successful businesses. A few examples of these resources:</p><p>• Our 8-part <a href="https://www.uspto.gov/about-us/events/path-patent-part-i-ip-basics-4" target="_blank">Path to a Patent series</a>, next running from January 12 – March 16 , covers everything from IP basics, to patent searching, to what you'll need to draft and submit your patent application. Similarly, our 8-part <a href="https://www.uspto.gov/about-us/events/trademark-basics-boot-camp-module-1-fundamentals-10" target="_blank">Trademark Basics Boot Camp</a> series provides a comprehensive overview of trademarks and the federal trademark registration process, including walking participants through the application filing process and concluding with a live question-and-answer period with a USPTO trademark expert. The next series kicks off January 10 and runs through February 28. <br>• Our <a href="https://www.uspto.gov/patents/training/start" target="_blank">Stakeholder Application Readiness Training</a> (StART) provides training tailored to educate pro se applicants about the patent filing process and provides resources to submit a nonprovisional patent application.<br>• Our <a href="https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1" target="_blank">law school clinic program</a>, which now includes over 60 participating clinics and provides legal services free to the public, including to inventors, entrepreneurs, and small businesses.<br>• Throughout the year, our Office of Innovation Outreach provides <a href="http://www.uspto.gov/InnovationForAll" target="_blank">free events</a> to inspire, educate, and empower underserved and under-resourced communities of innovators. The events feature successful independent inventors, entrepreneurs, and small business owners who share their personal stories of how they are using their patents and/or registered trademarks to reach their full potential, as well as subject matter experts who share information about funding/financial literacy, technical assistance, and mentoring/network programs. Working with partners from other federal agencies, organizations, and universities, the USPTO connects the public to valuable and timely information and resources at these events year-round.<br>• Our <a href="https://www.uspto.gov/learning-and-resources/kids-educators" target="_blank">resources for kids, students, educators, and parents</a> connect the K-12 community with engaging, fun activities (including inventor trading cards!) that bring out the innovator in all students and teach them about the importance of safeguarding ideas and businesses through intellectual property protection. Lots more to come on that in 2023, so stay tuned! <br>• Our <a href="http://www.uspto.gov/inventors" target="_blank">inventor and entrepreneur resources</a> provide inventors and entrepreneurs information to assist them at any stage of protecting their inventions and/or brand (e.g., education about the different types of IP, how to apply for a patent or trademark registration, assistance available after an application has been filed, etc.). <br>• Working across government and streamlining resources, our <a href="https://www.uspto.gov/initiatives/equity/ci2" target="_blank">Council for Inclusive Innovation (CI</a><em><a href="https://www.uspto.gov/initiatives/equity/ci2" target="_blank">²)</a></em>, of which I serve as Vice Chair and Secretary of Commerce Gina Raimondo as Chair, the <a href="https://www.uspto.gov/subscription-center/2022/uspto-director-kathi-vidal-announced-nacie-co-chair" target="_blank">National Advisory Council for Innovation and Entrepreneurship (NACIE)</a> led by our sister agency the Economic Development Administration (EDA), and other collaboration opportunities with the military and veterans, the Minority Business Development Agency, Tribal Nations and communities, and more, work to eliminate barriers to the innovation system and meet people where they are with the resources they need to increase American innovation and entrepreneurship. Additionally, our recently-launched <a href="https://www.uspto.gov/initiatives/we" target="_blank">Women’s Entrepreneurship (WE)</a> initiative serves to empower more women leaders and advance the conversation around challenges and opportunities for women-owned businesses.</p><p><em><img alt="Images from Council for Inclusive Innovation meeting on November 30" src="https://www.uspto.gov/blogdata/img/CI2collage682.jpg"></em></p><em>On November 30, Director Vidal and the Co-Vice Chairs of the Council for Inclusive Innovation (CI²) met at USPTO headquarters for an ideation workshop to develop a whole-of-government approach to expanding innovation. (Photos by Jay Premack/USPTO)</em> <p></p><p>I have also spoken with individual inventors and small companies across the country to learn about their pain points. As a result, the USPTO is working on an expedited filing program to provide under-resourced first-time filers with expedited examination at no additional charge. We plan to announce the program later this month. As part of that program, applicants will be required to take certain key training to help ensure their success. </p><p>We are grateful that the bill provides us with the flexibility to explore more ways to assist first-time filers, including additional pilot programs to help them navigate the application process. Notably, the bill bolsters our work to support first-time applicants by establishing a pilot pre-prosecution assessment program, providing assistance to first-time prospective patent applicants in assessing the strengths and weaknesses of their potential patent applications.</p><p>I want to close by thanking and congratulating Senator Patrick Leahy and all those who worked hard to push the bill across the finish line. The bill complements our work to support small inventors, start-ups and those traditionally underrepresented in the innovation ecosystem. With the lower fees, additional outreach and support, and the expanded ability to obtain pro bono counsel, we are positioned to make meaningful progress in 2023 by measurably lowering the barriers for those entering the innovation ecosystem. As Secretary of Commerce Gina Raimondo remarked, “[a]s we successfully implement the programs” outlined in the bill, “the Biden Administration will continue showing that an economy that invests in the American people is an economy that will create shared prosperity for all.”<br></p>
https://www.uspto.gov/blog/director/entry/top-three-helpful-tips-for1
Top three helpful tips for filing patent applications as you move to DOCX format
USPTO
2022-12-19T08:59:16-05:00
2023-06-05T09:32:17-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO; Andrew Faile, Acting Commissioner for Patents; and Jamie Holcombe, Chief Information Officer</em></p><p><strong>Update</strong>: The USPTO has delayed the effective date of the non-DOCX surcharge fee to January 17, 2024, to give applicants more time to adjust to filing their patent applications in DOCX format, and has extended the backup PDF option until further notice. This blog has been updated to reflect these changes. <br></p><p><em><em><img alt="person typing on a laptop and submitting documents" src="https://www.uspto.gov/blogdata/img/NewDOCX682.jpg"></em></em></p>As we <a href="https://www.uspto.gov/blog/director/entry/modernizing-patent-filing-with-docx" target="_blank">announced last May</a>, as part of the USPTO’s ongoing initiatives to use the most advanced technology and to issue and maintain robust and reliable patents, the USPTO is moving to DOCX. DOCX is key to the USPTO’s application readiness initiatives, which in the future will provide quick and reliable feedback to applicants to correct their applications before they hit the examiner’s desk so that examiners can spend more time working with applicants to identify subject matter for protection. It is also critical to reducing barriers and costs affiliated with global intellectual property (IP) protection by ensuring each country’s IP systems can talk, electronically, to one another. Currently, filing in DOCX allows for automated checks that prevent unnecessary delays in processing an application. <p></p><p>Thank you to all who have already moved to DOCX. Your feedback has helped up improve our processes to ensure DOCX works for all. It has helped up troubleshoot issues and provide guidance to stakeholders to ensure they do not make common mistakes that can be easily avoided. Though we encourage all applicants to move to DOCX as soon as they are able, for those needing some additional time, the USPTO, starting June 30, 2023, will allow applicants to file patent applications outside of DOCX upon payment of a fee (which will be discounted for small and micro entities). To help ease the transition to DOCX, we’ve also made several resources available on the <a href="https://www.uspto.gov/patents/docx" target="_blank">DOCX page</a> of the USPTO website. </p><p>To ensure a successful transition, we also wanted to share our top three helpful tips to ease the transition to DOCX: </p><p><strong>1. Consider submitting an optional applicant-generated backup PDF, also known as the auxiliary PDF, with your application</strong> </p><p>We heard your ideas about filing an auxiliary PDF with your DOCX formatted application. In response to that suggestion, you can submit an applicant-generated auxiliary PDF of your application along with your DOCX version. While this opportunity was originally designed to be available until December 31, 2022, we have extended the program for six months through June 30, 2023. (Find out more in our <a href="https://www.federalregister.gov/public-inspection/2022-27366/extension-of-period-to-allow-submission-of-a-pdf-with-a-patent-application-filed-in-docx-format" target="_blank">Federal Register notice</a>) Our hope is that this will provide you the confidence you need in filing with DOCX format, while providing peace of mind that the process is working as intended. There are currently no fees associated with submitting this auxiliary PDF, and it is completely optional. </p><p><strong>2. Use the Auxiliary PDF (if necessary)</strong> </p><p>We’ve heard from some of you that you are concerned the validated DOCX version or the USPTO-generated PDF version may contain a discrepancy. Though we saw discrepancies in earlier versions of the tool, we considered your feedback and have updated the tool accordingly. It is now at a very advanced stage (version 18). We have not been seeing requests to rely on the auxiliary PDF discussed above. That said, if you have specific concerns, there are a few steps you can take. </p><p>The <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-electronic-business-center" target="_blank">Electronic Business Center</a> (EBC) is a great place to start. Please notify the EBC of any concerns with your electronic file as soon as possible. A trained representative can work with you to address your concern. You can reach the EBC at 866–217–9197 (toll-free), 571–272–4100, or <a href="mailto:ebc@uspto.gov">ebc@uspto.gov</a> 6 a.m. to midnight ET, Monday through Friday. </p><p>In addition to contacting EBC, there are other ways you can correct your application, such as: </p><p>• Making a correction to your application that is supported by the validated DOCX, by filing a petition under 37 CFR 1.181<br>• Making a correction to your application that is supported by an auxiliary PDF, by filing a petition under 37 CFR 1.182<br>• Making a correction to your application by relying on the incorporation by reference provisions of 37 CFR 1.57(b) with a proper priority benefit claim </p><p>You can find detailed information about the different ways to correct DOCX formatted applications in our <a href="https://www.uspto.gov/patents/docx#docxfaq" target="_blank">DOCX FAQs</a>..</p><p>We have also received questions about the role that auxiliary PDFs play if any discrepancies arise in USPTO-provided priority documents. Regardless of whether an application is filed in DOCX or PDF format, the USPTO provides a certified copy of the application-as-filed for use as a priority document using documents submitted on the application filing date and stored in the electronic application file, together with a certification sheet. If the USPTO makes any errors in providing a certified copy of an application, upon notification, the USPTO creates and sends a corrected certified copy of the application. This would be the same process should a discrepancy arise in the DOCX conversion to a USPTO-generated PDF. If an applicant files a patent application in DOCX format with an auxiliary PDF, the auxiliary PDF can be used as evidence in correcting the certified copy at the USPTO. If an applicant provides an auxiliary PDF of the application along with the DOCX version of the application at the time of filing, a copy of the auxiliary PDF is also included with the certified copy.</p><p><strong>3. Use Patent Center training mode to test your DOCX-formatted application</strong> </p><p>Use the <a href="https://patentcenter.uspto.gov/?trainingMode=1" target="_blank">Patent Center training mode</a>, which is an interactive simulation that allows you to practice filing using DOCX documents without officially submitting your patent application. You can use the training mode to familiarize yourself with other features in the new, modernized Patent Center, including a feedback document, which flags any errors in your application before you submit it. When you use training mode, you’ll have access to the same features and tools of the live Patent Center—except your application is not saved, data entered will not be submitted, and applications will not be associated with your customer number. </p><p>We’re working hard to make your transition to filing patent applications in DOCX as seamless as possible. To date, we’ve trained more than 20,000 people in our <a href="https://www.uspto.gov/about-us/events/patents-docx-filing" target="_blank">DOCX training sessions</a>, gathered extensive feedback through our <a href="https://uspto-emod.ideascalegov.com/c/campaigns/756/stage/all-stages/ideas/unspecified" target="_blank">IdeaScale page</a>, and addressed a litany of questions. In response to your feedback, we have also made office actions available in DOCX and XML formats and are now accepting DOCX for drawings, in addition to the specification, claims, and abstract, for certain applications. </p><p>And we are never done listening. We welcome your feedback and will continue to incorporate your suggestions wherever possible. Contact us at the <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-electronic-business-center" target="_blank">Electronic Business Center</a> at 866–217–9197 (toll-free), 571–272–4100, or <a href="mailto:ebc@uspto.gov">ebc@uspto.gov</a> 6 a.m. to midnight ET, Monday through Friday. Thank you for your help and support as we continue modernizing our systems for the benefit of all. </p>
https://www.uspto.gov/blog/director/entry/recognizing-life-saving-covid-19
Recognizing life-saving COVID-19 innovations
USPTO
2022-12-15T14:18:47-05:00
2022-12-15T14:34:58-05:00
<em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em><p><p><img alt="Patents for Humanity COVID logo" src="https://www.uspto.gov/blogdata/img/P4HCOVID682.jpg"></p>It’s a privilege to announce the five winners of our <a href="https://www.uspto.gov/ip-policy/patent-policy/patents-humanity-covid-19" target="_blank">Patents for Humanity: COVID-19 category competition</a>. The awards recognize these innovators for their rapid response to the challenges of the COVID-19 pandemic through the use of game-changing technologies. I want to commend these innovators for their ingenuity, dedication, and hard work to come up with creative solutions to this global challenge for the benefit of all.<p></p><p>This year’s awards recognize innovators with a pending U.S. patent application or issued U.S. patent focused on inventions that track, prevent, diagnose, or treat COVID-19. The winning innovations, which receive acceleration certificates to expedite select proceedings at the USPTO, went through two rounds of judging by experts, based on two scoring criteria: the effectiveness of the technology to address COVID-19 and the technology’s ultimate impact.</p><p>The winners of the Patents for Humanity: COVID-19 category awards are: </p><p><strong>National Institute of Allergy and Infectious Diseases (NIAID) </strong><em>(Rockville, MD)</em> </p><p>NIAID, Scripps Research Institute, and Dartmouth College invented stabilized coronavirus spike proteins, which were essential to the development of the COVID-19 vaccines used today. The vaccines that incorporate these stabilized spike proteins have been instrumental in combatting the COVID-19 pandemic. </p><p>The breakthrough came when NIAID scientists and their collaborators engineered coronavirus spike proteins that enables the human immune system to mount effective responses against coronaviruses. This work cleared the path for the rapid development of the COVID-19 vaccines. </p><p>NIAID employed nonexclusive licensing to maximize use of the invention by as many vaccine developers as possible with the goal of accelerating vaccine development and global access. To facilitate this access, NIAID also partnered with the World Health Organization to promote the availability of the invention through its COVID-19 Technology Access Pool (C-TAP).</p><p><strong>Regeneron Pharmaceuticals </strong><em>(Tarrytown, NY)</em></p><p>Regeneron Pharmaceuticals developed a novel therapy to help treat and prevent COVID-19. The medicine, known as REGEN-COV® in the United States, consisted of a combination of two monoclonal antibodies (casirivimab and imdevimab), and was the first to receive Emergency Use Authorization (EUA) from the U.S. Food and Drug Administration for the treatment of COVID-19. Anticipating that viruses can change over time, a key feature of Regeneron’s invention is how the two antibodies work to independently block the virus’s ability to infect healthy cells, which helped keep the therapeutic effective against multiple variants of SARS-CoV-2. Regeneron scientists developed the therapy for clinical trial use in five months, and received the EUA in ten months, moving from lab to patient in record time. </p><p>During the height of the pandemic, Regeneron made this treatment available to as many patients as possible in the United States. The U.S. Department of Defense and the Biomedical Advanced Research and Development Authority (BARDA), part of the Administration for Strategic Preparedness and Response at the U.S. Department of Health and Human Services, supported pre-clinical and late-stage clinical development, procurement, and distribution of REGEN-COV® in the United States at no cost to patients. In addition, Regeneron collaborated with global pharmaceutical company Roche to increase access to REGEN-COV® in the United States and globally. </p><p><strong>University of South Florida (USF) </strong><em>(Tampa, FL)</em></p><p>USF developed 3D-printed nasal swabs used when nasal swabs used in covid tests were in short supply at the height of the pandemic. The USF Health Department of Radiology team and their colleagues from the USF Health Department of Internal Medicine Infectious Diseases worked with Northwell Health, New York's leading healthcare provider, to create the initial design and prototype for a 3D-printed nasal swab. </p><p>Completing a multisite national clinical trial out of Tampa General Hospital in two weeks, a process that typically takes years, the team produced a swab that cost between $0.25-$0.46 each, depending on an institution's print and lab resources, compared to an average of $1 each for commercially produced swabs. <br>The USF team collaborated with Formlabs to optimize the design and maximize the number of swabs that could be printed. In addition, USF allowed hospitals to use the swab design for free during the first year of production to help slow the spread of the virus. Since the first batches of 3D-printed swabs were processed, over 100 million of these USF Health–invented devices have been used in more than 60 countries. </p><p><strong>Caron Products </strong><em>(Marietta, OH)</em></p><p>Caron Products developed a decontamination chamber that was used to disinfect personal protective equipment when it was in short supply during the height of the pandemic. When social distancing and proper hygiene were embraced globally, face masks and other Personal Protection Devices (PPDs) were in short supply. As a result, surgeries and other medical procedures were being cancelled due to the lack of availability of proper protective equipment for front-line nurses, doctors, and their patients. </p><p>Caron Products halted all other engineering research and new-product development projects to focus on developing an innovative means of decontaminating PPDs for reuse. The Caron team developed a decontamination chamber that uses vaporized hydrogen peroxide (H2O2) technology to quickly kill pathogens on both porous and non-porous surfaces, including PPDs. The development and commercialization of this technology helped relieve some of the strain on the supply chain for PPDs. </p><p><strong>Gilead Sciences Inc.</strong> <em>(Foster City, CA)</em></p><p>Gilead developed a widely effective antiviral medication used to treat COVID-19 known as remdesivir, one of the earliest therapeutics for COVID-19. Administered via injection, remdesivir works by blocking SARS-CoV-2 from reproducing in the body, and has been shown in clinical trials to help those with COVID-19 recover faster and reduce disease progression. Gilead has expanded access to remdesivir throughout the world by working with global generic pharmaceutical manufacturers. These arrangements allow the companies to manufacture generic remdesivir for distribution in 127 countries, the majority of which are low-income and lower middle-income countries. These agreements have been royalty-free, reflecting Gilead’s commitment to global equity and ensuring as many patients as possible had access to remdesivir at the height of the pandemic. </p><p>The ground-breaking technologies and solutions of the Patents for Humanity: COVID-19 category winners continue to make a difference in the lives of millions of people around the world facing the challenges of the pandemic. I also want to thank Senators Patrick Leahy (D-VT) and Charles Grassley (R-IA), and Representatives Hakeem Jeffries (D-NY) and Veronica Spartz (R-IN) for their leadership in sponsoring the Patents for Humanity Act, legislation that recently passed both chambers and codifies our Patents for Humanity program to incentivize more innovations for the benefit of all society. </p><p>We hope these success stories serve as inspiration for more individuals to harness innovation for human progress, and in doing so, change the world for the better.</p>
https://www.uspto.gov/blog/director/entry/increasing-representation-of-native-americans
Increasing representation of Native Americans in STEM and innovation
USPTO
2022-11-23T13:03:37-05:00
2022-11-23T13:03:37-05:00
<p><img alt="Department of Commerce graphic for Native American Heritage Month" src="https://www.uspto.gov/blogdata/img/NAHMGraphic682.jpg"></p><p><em>Joint <a href="https://www.commerce.gov/news/blog/2022/11/increasing-representation-native-americans-stem-and-innovation" target="_blank">blog</a> by the USPTO and the Economic Development Administration</em></p><p>This month, the U.S. Department of Commerce is celebrating Native American innovators and entrepreneurs. Agencies across the Department of Commerce, including the U.S. Patent and Trademark Office (USPTO) and Economic Development Administration (EDA), offer a number of tools and resources to support all inventors, innovators, and entrepreneurs, including those in underrepresented communities like Native Americans.</p><p><strong>Tara Astigarraga, Master Inventor at IBM</strong></p><p><strong><em><img alt="Tara Astigarraga" src="https://www.uspto.gov/blogdata/img/TaraA682.jpg"></em></strong></p><em>Tara Astigarraga, Member of the Choctaw Nation of Oklahoma and Master Inventor at IBM</em><p></p><p>With the help of IBM mentors and her first patent in 2008, Tara Astigarraga, who is a member of the Choctaw Nation of Oklahoma, helps younger women and men from underrepresented backgrounds see the possibilities of a career in science, technology, engineering, and mathematics (STEM). Born and raised in Arizona and part Native American through her father, today she is an IBM Master Inventor named on more than 80 patents—for a variety of innovative storage, networking, security, and blockchain solutions.</p><p>Speaking about the importance of mentorship, Astigarraga stated “I had a really great mentor when I first joined [IBM] from the Native American community. She was the head of our diversity group at the time. Her name's Michele Morningstar... And she pulled me immediately into the diversity group there and got me involved with all the other folks across IBM.”</p><p>Astigarraga is passionate about increasing the representation of Native American communities and other underrepresented groups in STEM fields. “When people talk about activities in STEM or how to build pipelines and get people involved,” Tara says, “they typically talk about the Black and Hispanic communities and even women. But Native American communities hardly ever get brought up because when you round that data, we get rounded to zero and we don't even get included in those conversations.”</p><p>She also speaks frankly about her struggle with a challenge all too common to young people, especially those from backgrounds traditionally underrepresented in STEM: impostor syndrome. Working with young students, especially girls, young women, and members of other traditionally underrepresented groups like Native Americans, allows Tara to be an example of a successful engineer they can see and relate to. Read more about Tara Astigarraga in the USPTO’s <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/field-stories/conquering-impostor-syndrome" target="_blank">Journeys of Innovation story</a>. And learn more about the USPTO’s <a href="https://www.uspto.gov/initiatives/equity" target="_blank">inclusive innovation efforts</a>, <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources" target="_blank">resources that support all inventors and entrepreneurs</a>, and the <a href="https://www.uspto.gov/initiatives/we" target="_blank">Women’s Entrepreneurship initiative</a> that just launched with the Department of Commerce.</p><p><strong>Developing the Ecosystem to Support Future Innovators</strong></p><p><strong><em><img alt="Hopi Tribe meets with Assistance Secretary Castillo" src="https://www.uspto.gov/blogdata/img/HopiTribe682.jpg"></em></strong></p><em>Assistant Secretary of Commerce for Economic Development Alejandra Y. Castillo (right) consults with economic development leaders of the Hopi Tribe during a June 2022 visit. (photo courtesy of the Economic Development Administration)</em><p></p><p>Through Economic Development Administration (EDA) programs, the Department of Commerce supports the inventors and entrepreneurs that follow in Astigarraga’s footsteps by working with Tribal leaders to develop a robust commercial ecosystem that cultivates and advances talent within America’s Indigenous communities.</p><p>With President Biden’s American Rescue Plan (ARPA), EDA recently completed distribution of $100 million in funding through the <a href="https://eda.gov/arpa/indigenous/" target="_blank">Indigenous Communities program</a>, a major investment initiative created to support Tribal governments and related organizations as they design and execute economic development projects to build economies for the future, including the creation of opportunities for Native American innovators seeking seek good-paying jobs in STEM fields.</p><p>For instance, with EDA backing, the Standing Rock Renewable Energy Authority is planning, evaluating, and designing the <a href="https://anpetuwi.com/" target="_blank">Anpetu Wi Wind Farm</a>. This project will help diversify the local economy and increase energy independence for this Tribal community. Meanwhile, in New Mexico, the <a href="http://www.picurispueblo.org/" target="_blank">Pueblo of Picuris</a> is constructing the Picuris Vocational Training Center, building the skills of the local workforce to help secure quality job opportunities. These projects, and dozens like them, are supporting Tribes and Alaskan Native Villages as they establish a trajectory for economic success that accelerates the achievements of new generations of Native American innovators.</p><p>Expanding opportunity and creating an economy that works for all Americans is central to the Department of Commerce’s mission and strategic plan. The USPTO and EDA are proud to join all Commerce bureaus in celebrating the Native American community and recognizing their significant contributions to our nation’s economy, competitiveness, and growth.</p>
https://www.uspto.gov/blog/director/entry/see-yourself-at-the-uspto
See yourself at the USPTO: Find a student program for you
USPTO
2022-11-09T08:31:08-05:00
2022-11-09T08:31:08-05:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em><p><em><img alt="Images of Urban Alliance interns" src="https://www.uspto.gov/blogdata/img/UrbanAlliance682.jpg"></em></p><p><em>Students in the USPTO’s IP skills work-based learning program conducted with the Urban Alliance (Photos by the USPTO)</em></p><p><em>“Being able to see so many people in a position that I hope to eventually reach in terms of public service has been inspiring to me.”</em></p><p><em>“I have really enjoyed the freedom and trust given to me while externing at the USPTO. Everyone treats you as they would any other employee in the office, with respect and high expectations.”</em></p><p><em>“Don’t be afraid to go outside of your comfort zone. The USPTO does a lot of cool things besides issuing patents and registering trademarks. Take advantage and explore different areas that might not first come to mind when you think of intellectual property.”</em></p><p>The future of our country hinges on the dreams, aspirations, and persistence of our youth. To help them achieve success, we provide high school, college, and law school students with a range of unique opportunities to leverage their innate skills while building new ones for continued growth. It is my hope that students will participate in <a href="https://www.uspto.gov/jobs/student-programs" target="_blank">our programs</a> and then be ambassadors in their communities to let other students know that intellectual property (IP) is a gateway to future success.</p><p>Our student programs are unique and include: <br>• Paid internships<br>• Opportunities for high school, undergraduate, graduate, and law students to strengthen their IP knowledge and develop skills to help advance their careers<br>• Flexible time range: Over the summer or during the school year, full time or part time<br>• Flexible location: Virtual and in-person work opportunities available at our headquarters in Alexandria, Virginia, or one of our regional offices in Dallas, Denver, Detroit, and San Jose</p><p>One thing all our programs have in common is that students work on real hands-on projects, gain valuable skills for their future careers, and make meaningful contributions to our agency. In fact, this past August, we hosted a “Pitch Day” where intern groups shared their recommendations with me and other agency leaders – from social media campaigns to expanded outreach methods. We were blown away by their creative ideas! As a result, we have begun implementing many of their ideas (which include the great hashtag #YOUspto).</p><p><img alt="Photos of students in the Urban Alliance program presenting their capstone projects" src="https://www.uspto.gov/blogdata/img/UrbanAlliancecollage682.jpg"></p><em>Scenes from the Urban Alliance interns’ capstone project presentations in Summer 2022, which included special guests U.S. Commerce Department Secretary Gina Raimondo and USPTO Director Kathi Vidal (Photos by the USPTO)</em><p></p><p><strong>IP skills work-based learning program</strong></p><p>Our year-round paid <a href="https://www.uspto.gov/jobs/student-programs/explore-our-student-programs#intern" target="_blank">work-based learning (WBL) experience</a> for high school students is conducted with the Urban Alliance and provides students with a living wage, exposure to career opportunities in federal service, mentoring, and invention and entrepreneurship education. Over the summer, I had the chance to meet with these outstanding high school students, where they shared their ideas with me on how to expand inclusive innovation among their peers, communities, and across the country. They also presented their capstone presentations, summarizing their summer projects and skills they developed. We were even joined by a special guest, Secretary of Commerce Gina Raimondo, a champion of work-based learning programs. These students impressed both me and the Secretary so much that we’re in discussions to expand the WBL program to other agencies throughout the Department of Commerce. More to come!<p><em><img alt="Two USPTO externs working on a project" src="https://www.uspto.gov/blogdata/img/Externs682.jpg"><em><br></em></em></p><p><em><em>Externs at the USPTO work in all business units across the USPTO, from finance, to communications, to international affairs, and more. (Photo by Jay Premack/USPTO)</em></em></p><p><strong>Extern program</strong></p><p>Our volunteer USPTO <a href="https://www.uspto.gov/jobs/student-programs/explore-our-student-programs#extern" target="_blank">extern program</a> provides talented high school and college students with unique opportunities to gain valuable skills and professional experience. Typically, the USPTO hires over 40 externs annually. Through this program, externs work on real projects that make an impact, while learning about the agency and its mission, networking with peers and our employees, and hearing directly from leadership about their own career paths. The program also offers invaluable early exposure to the world of IP and a chance to jumpstart a unique career in protecting American innovation. </p><p>Although we run the extern program year-round, the summer season is when we have the majority of student volunteers. The program duration ranges from a minimum 12 weeks to a maximum of one year, and many of the positions offer the option to be in-person or virtual.</p><p><strong>USPTO internship program</strong></p><p>The USPTO <a href="https://www.uspto.gov/jobs/student-programs/explore-our-student-programs#intern" target="_blank">internship program</a> provides students who are enrolled in colleges, trade schools, and other qualifying institutions with paid opportunities to work and explore federal careers while completing their education. We encourage students from all different backgrounds to apply! Assignments may include research, analysis, statistics, coordination of briefing books, assistance in developing detailed reports, attending and reporting out on hearings, legislative markup sessions, and more. Interns are paid at the GS-4 level and are offered the opportunity to gain professional work experience, develop soft skills, gain exposure to intellectual property, and earn experience working at the USPTO. </p><p><strong>Innovation internship program</strong></p><p>As I <a href="https://www.uspto.gov/blog/director/entry/secretary-of-commerce-gina-raimondo" target="_blank">announced</a> recently, we have launched a new <a href="https://www.uspto.gov/jobs/student-programs/explore-our-student-programs#intern" target="_blank">innovation internship program</a> to provide hands-on job training to community college and university students from diverse backgrounds, fields, and locations. These paid internships offer third year college students with an opportunity to earn an annual GS-4 salary and can last up to two years. It is my sincere hope that other federal agencies will look to this program as a model as we create a culture of inclusiveness in innovation. I can’t wait to see what our first cohort of interns accomplishes. </p><p><strong>Future Leaders in Public Service Internship Program</strong></p><p>Operated by the Partnership for Public Service, the <a href="https://ourpublicservice.org/applications/future-leaders-in-public-service-internship-program/" target="_blank">Future Leaders in Public Service Internship Program</a> places young talent at the USPTO, as well as other Department of Commerce bureaus and the Department of Transportation. With only 7% of the full-time federal workforce under the age of 30, the program works to identify, recruit, and retain the next generation of public servants. The paid internship program develops a diverse pool of young talent for these agencies. Undergraduate, graduate, and law students can apply. Participants receive a $4,000 stipend for the summer from the Partnership for Public Service. </p><p><strong>Connect with us!</strong></p><p>Each year, our recruiters speak with college students across the country during the fall and the spring to recruit the best and brightest to join America’s Innovation Agency at our headquarters in Alexandria, Virginia, or in one of our four regional offices in Dallas, Denver, Detroit, and San Jose. View our <a href="https://www.uspto.gov/jobs/student-programs/student-outreach-schedule" target="_blank">student outreach schedule</a> to see when we’ll be near you! We can speak to you not only about our student opportunities while you’re in school, but also full-time opportunities after you graduate. Application deadlines vary based on the opportunity. Any other questions? Contact us at <a href="mailto:recruitment@uspto.gov">recruitment@uspto.gov</a>.</p><p>From real-world experience to real-world application, our student programs have the future in mind. Like I said to our interns this summer, my advice is to take what they learn from their time at the USPTO and build on it, continue to challenge themselves, and even when faced with obstacles, know that there are resources and mentors who can help them. I am thrilled that they have chosen the USPTO to advance their careers, and I hope more students join us on their innovation journeys. <br></p>
https://www.uspto.gov/blog/director/entry/jumpstart-your-career-with-leap
Jumpstart your career with LEAP!
USPTO
2022-11-01T12:56:44-04:00
2022-11-01T12:56:44-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em><p><em><em><iframe width="620" height="450" src="https://www.youtube.com/embed/bAsX1E7bFCw"></iframe>
</em> </em><p>Over two years ago, the USPTO introduced the <a href="http://www.uspto.gov/leap" target="_blank">Legal Experience and Advancement Program</a> (LEAP) to provide the next generation of patent practitioners with hands-on experience before the Patent Trial and Appeal Board (PTAB). LEAP is a career development program for patent agents or attorneys with three or fewer substantive oral arguments (not including pro bono) in a federal tribunal. Since the program launched, 135 practitioners have participated in LEAP arguments and more than 140 others have taken LEAP training.</p><p>LEAP stands out from other legal mentoring programs. It provides newer practitioners with experience arguing in both real and mock cases before PTAB judges. The mock arguments are in front of actual judge panels and are followed by one-on-one feedback from the judges. LEAP also provides informative webinars and numerous training opportunities, including the opportunity to speak with experienced practitioners, to assist participants to develop their advocacy skills and style. LEAP practitioners learn how to better advocate in ex parte appeals and post grant proceedings under the America Invents Act (AIA), such as inter partes reviews, on behalf of patent applicants, patent owners, and AIA petitioners.</p><p>I’m proud to say that I have been involved with LEAP since its inception, as I helped support its development while still in private practice. Now, as Director, it’s even more clear to me what a meaningful program LEAP is for everyone involved, from newer practitioners all the way up through LEAP sponsors, clients, and the whole intellectual property (IP) bar. I’m proud to see the growth of this program and its meaningful impact in the legal community. By promoting opportunity and advancement for all, it helps secure the future of our legal profession.</p><p>One LEAP participant said it best: “LEAP helped me become a more well-rounded patent practitioner. Not only did LEAP help me develop my oral advocacy skills, it provided additional perspective about the PTAB and the ex parte appeals process that I have carried through to other areas of my practice. For example, LEAP helped me understand important things to emphasize during prosecution that could later be helpful in an ex parte appeal. And I have applied what I learned about oral advocacy to other areas of my practice, from examiner interviews to interactions with clients and colleagues.”</p><p>The future success of the program depends on you! </p><p>The USPTO encourages all members of the IP community – lawyers, law firms, clients, etc. – to support and participate in LEAP. The LEAP program, and the experiences gained in it, can benefit the whole IP bar and its clients. The USPTO also asks law firms and law firm leaders to consider serving as <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/leap/leap-sponsor-recognition" target="_blank">sponsors</a> in LEAP and think about including the LEAP program as part of your regular training.</p><p>To request a LEAP practitioner argue in a PTAB case, you simply need to fill out the <a href="https://www.uspto.gov/sites/default/files/documents/LEAPPractitionerRequestandVerificationForm_v2.pdf" target="_blank">form</a> on our website and email it to <a href="mailto:ptabhearings@uspto.gov">ptabhearings@uspto.gov</a> at least five days before the hearing. Learn more about the program by reading insightful testimonials from the sponsors and participants themselves on our <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/leap/meet-some-our-leap-sponsors-and-participants#Meetoursponsors" target="_blank">website</a>.</p><p>LEAP is an active and ever-growing program and we are continually looking for ways to expand opportunities for participants. We will be hosting a new “LEAP to Chambers” event on November 9 to allow interested LEAP applicants to visit USPTO headquarters in Alexandria, Virginia for a judge-guided tour of the hearing facilities and to learn about advocacy tips from PTAB judges. Although this event is at capacity, we have plans for future sessions in the Detroit, Denver, Dallas, and San Jose regional offices, as well as virtually. Subscribe to USPTO email updates to hear about these as soon as they are announced.</p><p>For more information or to offer suggestions on ways to improve the program, please contact us at <a href="mailto:leap@uspto.gov">leap@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/hispanic-inventors-and-entrepreneurs-bring
Hispanic inventors and entrepreneurs bring new technologies to market
USPTO
2022-10-11T11:58:28-04:00
2022-10-12T13:18:56-04:00
<p><em>Joint <a href="https://www.commerce.gov/news/blog/2022/10/hispanic-inventors-and-entrepreneurs-bring-new-technologies-market" target="_blank">blog</a> by the U.S. Patent and Trademark Office and the Economic Development Administration</em></p><p><em><img alt="Department of Commerce Hispanic Heritage Month graphic" src="https://www.uspto.gov/blogdata/img/commercehhmgraphic2682.jpg"> </em></p>
<p>This month, the U.S. Department of Commerce is celebrating Hispanic Heritage Month and Hispanic communities. We pay tribute to the numerous Hispanic entrepreneurs and innovators that help fulfill the promise of America for all. Here are three of their stories. </p>
<p></p>
<p><strong>Using Artificial Intelligence to Develop Greener Chemicals</strong></p>
<p><img alt="Image of Daniela Blanco" src="https://www.uspto.gov/blogdata/img/PTOEDAHHMBlogpic1.jpg"></p>
<p>Chemical engineer Dr. Daniela Blanco was looking for ways to make nylon production more sustainable when she discovered that her innovative use of artificial intelligence technology might be able to help scientists across the entire chemical industry. Born in Venezuela, Blanco earned her PhD in the United States, where she founded her startup company Sunthetics. The company uses artificial intelligence to help others develop greener chemicals. By developing machine learning platforms that leverage very small data sets, the company enables scientists throughout the chemical industry to make new chemicals, medicine, and materials, up to 15 times faster. Read more in the USPTO’s <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/sustainable-pivot" target="_blank">Journeys of Innovation story on Daniela Blanco</a>.</p>
<p><em>“Sustainability from now on should be profitable. Sustainability should be something that we take as a given. That we are already building new chemicals, new materials, everything — in the most possible, sustainable way.” I have always thought there is great strength in knowing who you are. I am beyond proud of my roots, my culture, and my values. I embrace where I come from, and I am grateful for the way it shaped me to define where I am going.”</em></p><br>
<p><strong>Innovation to Fight Chronic Respiratory Diseases</strong> </p>
<div>
<p>Dr. Maria Artunduaga is a Colombian-born physician-scientist, inventor, and patent holder. After losing her grandmother to chronic obstructive pulmonary disease (COPD), she decided to leave her career in plastic surgery and founded <a href="https://www.samayhealth.com/" target="_blank">Samay Health</a>. The startup focused on enhancing the quality of life for people living with COPD through connected health and machine learning. Her solution—a device named Sylvee, after her grandmother—is a prototype modeled after continuous glucose monitoring sensors. The device attaches to the patient’s chest and injects sound through the thoracic cavity, listens back to it, and captures changes in resonance. She's raised $3.2M in non-dilutive and venture capital to bring Sylvee to market. Hear from Artunduaga and other successful Hispanic innovators about their creative journeys at the USPTO’s upcoming <a href="https://www.uspto.gov/about-us/events/2022-hispanic-innovation-and-entrepreneurship-program" target="_blank">Hispanic Innovation and Entrepreneurship Program</a> on October 12.</p>
<p><img style="padding: 10px; float: left;" alt="Image of Maria Atunduaga" src="https://www.uspto.gov/blogdata/img/Maria.jpg"></p>
<p><em>“Entrepreneurship ensures the U.S. can win on the global stage, but Latinos are still underrepresented in business and technology. Advancing policies that expand access to research funding and highlighting inventors of color will enable a necessary shift in the industry. Protecting our intellectual property (IP) has enabled Samay to be highly differentiated and investable. We have four granted U.S. patents, and ten additional more pending in the U.S. and in eight other countries. In retrospect, I think being an immigrant has strengthened my drive to build a strong IP portfolio because I know it will help my business compete long-term. I tell people, look at me, I'm not an engineer, but taught myself how to do this. If I did it, anyone can.”</em></p><br>
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<div style="padding-top: 5px; clear: both;">
<p><strong>Catalyzing Entrepreneurship</strong> </p>
<p>For Briselda Hernandez, the motivation to support innovators and entrepreneurs grew out of a passion for community service. After graduating from the University of San Diego, she served as an AmeriCorps VISTA member attached to the Los Angeles Unified School District Community Partnership Program. There she helped improve the organizational and financial capacity of the district’s parent engagement program. Nine years later, she’s now the executive-director of Minot, North Dakota’s <a href="https://www.sourisbasin.org/" target="_blank">Souris Basin Planning Council</a> (SBPC), an Economic Development Administration (EDA)-designated Economic Development District. SBPC is managed by a coalition of public and private sector entities and charged with delivering capacity building and technical assistance to catalyze entrepreneurship and stimulate innovation in North-Central North Dakota.</p>
<p><img style="padding: 10px; float: right;" alt="Image of Briselda Hernandez" src="https://www.uspto.gov/blogdata/img/Briselda.jpg"></p>
<p>SBPC recently launched a Business Accelerator Fund that is providing startup and gap financing to emerging businesses and has resulted in the creation of 79 new jobs since 2020. Last year, the fund also helped establish the Start Up Minot Academy, providing networking and education for local entrepreneurs. As Hernandez explains, it’s the ability to deliver these types of rapid results and impactful programs that is the most rewarding aspect of working in economic development. </p>
<p><em>"I am intrigued by the multi-faceted, fast-paced, and creative nature of the field,” said Hernandez. This profession gives you the opportunity to be a catalyst for change by collaborating with a wide-range of stakeholders including individuals, governments, nonprofits, and private organizations.”</em> </p>
<p>Expanding opportunity and creating an economy that works for all Americans is central to the Department of Commerce’s mission and <a href="https://www.commerce.gov/sites/default/files/2022-03/DOC-Strategic-Plan-2022%E2%80%932026.pdf" target="_blank">strategic plan</a>. The USPTO and EDA are proud to join all Commerce bureaus in celebrating the Hispanic community and recognizing their significant contributions to our nation’s economy, competitiveness, and growth. </p>
<p>Learn more about Hispanic inventors and entrepreneurs at the 2022 <a href="https://www.uspto.gov/about-us/events/2022-hispanic-innovation-and-entrepreneurship-program" target="_blank">Hispanic Innovation and Entrepreneurship Program</a> on Oct 12. In addition, visit the USPTO’s <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources" target="_blank">inventor and entrepreneur resources page</a> to learn more about protecting your intellectual property. Additional information on EDA programs that can assist entrepreneurs is available on the <a href="http://eda.gov/rlf" target="_blank">EDA website</a>. </p><br></div>
https://www.uspto.gov/blog/director/entry/register-for-the-2022-hispanic
Register for the 2022 Hispanic Innovation and Entrepreneurship Program
USPTO
2022-10-06T17:16:56-04:00
2022-10-06T17:16:56-04:00
Editorial note: This is a <a href="https://www.commerce.gov/news/blog/2022/10/register-2022-hispanic-innovation-and-entrepreneurship-program" target="_blank">post about the USPTO from the U.S. Department of Commerce</a><p><p><img alt="Logo for the 2022 Hispanic Innovation and Entrepreneurship Program" src="https://www.uspto.gov/blogdata/img/HIElogo682.jpg"></p>Do you want to learn about valuable tools available to inventors and entrepreneurs? Are you eager to be inspired and informed by accomplished Hispanic innovators? If so, make sure to attend the U.S. Patent and Trademark Office’s (USPTO) free, online <a href="https://www.uspto.gov/about-us/events/2022-hispanic-innovation-and-entrepreneurship-program?MURL=hispanicinnovation" target="_blank">2022 Hispanic Innovation and Entrepreneurship Program</a> on Wednesday, October 12 from 1-4 p.m. ET. Successful Hispanic innovators will discuss their creative and business journeys, and you'll hear from experts about resources and funding that can help you on your own journey. <a href="https://www.uspto.gov/about-us/events/2022-hispanic-innovation-and-entrepreneurship-program?MURL=hispanicinnovation" target="_blank">See the agenda, learn about special guests, and register early</a>.<p></p><p>Subtítulos en español disponibles. This program will have live captions in Spanish.</p><p><strong>Topics include:</strong></p><p>• How to take your idea to the marketplace<br>• How to protect your intellectual property<br>• How to fund your business and get help along the way</p><p><strong>Speakers include:</strong></p><p>• Maria Artunduaga, Founder and CEO of Samay Health, a company focused on fighting chronic respiratory diseases<br>• Lawrence Chavez, Founder and CEO of Everyday Contacts, a company bringing a new contact lens to market<br>• Oriana Papin-Zoghbi, CEO and Co-founder of AOA Dx, a Y Combinator-backed biotech company focused on early-stage ovarian cancer detection<br>• Byron Rojas, President and Founder of EASYMETERING LLC., a company that creates advanced metering technology to link smart appliances to the smart grid</p><p>The Hispanic Innovation and Entrepreneurship program is just one of many programs the USPTO offers for aspiring and current entrepreneurs, wherever they may be in their innovation journeys. To learn more about the USPTO’s efforts to ensure that people from all backgrounds have opportunities to become innovators, visit the USPTO’s <a href="https://www.uspto.gov/initiatives/equity" target="_blank">inclusive innovation page</a>.</p><p><em>“Only by working together and inclusively will we incentivize more innovation from more people, protecting that innovation with intellectual property, and helping get those ideas to impact to solve world problems and create jobs and economic prosperity,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “You can play a role by reposting and getting the message out. Join us!”</em></p><p>Register now for the <a href="https://www.uspto.gov/about-us/events/2022-hispanic-innovation-and-entrepreneurship-program?MURL=hispanicinnovation" target="_blank">2022 Hispanic Innovation and Entrepreneurship Program</a>!<br></p>
https://www.uspto.gov/blog/director/entry/standard-essential-patent-policy-and
Standard essential patent policy and practices: We want to hear from you!
USPTO
2022-10-04T09:21:21-04:00
2022-10-04T09:21:21-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><em><img alt="Image of technical worker in an automotive industry setting" src="https://www.uspto.gov/blogdata/img/SEP-image682.jpg"></em></p>Technical standards play a critical role in our daily lives. From the phones in our pockets to the computer networks that support our communications with colleagues and family, standardized technology has brought many benefits to society. <p></p><p>Technical standards are most effective when innovators commit their patented technologies to the standard, agreeing to license those patents on “fair, reasonable, and nondiscriminatory” (FRAND) terms. Those patents — standard essential patents (SEPs) — are necessary to practice a given technical standard. By agreeing to license patents on FRAND terms, the patentee is compensated by licensees for their contributions while facilitating the implementation of the standard more broadly in society and across the globe. Standards also enable small to medium-sized companies to more easily access the market, creating competition that helps drive down prices for Americans and increasing the availability of these cutting-edge technologies. </p><p>From the moment I took the helm at the USPTO, standards policy as it relates to intellectual property has been one of my key priorities. In June, the USPTO, along with the National Institute of Standards and Technology (NIST) and the Antitrust Division of the Department of Justice (DOJ), announced the <a href="https://www.uspto.gov/sites/default/files/documents/SEP2019-Withdrawal.pdf?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=" target="_blank">withdrawal</a> of the 2019 “<a href="https://www.justice.gov/atr/page/file/1228016/download?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=" target="_blank">Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments</a>.” After considering public input on the 2019 Statement and possible revisions, our three agencies concluded that withdrawing the 2019 statement (and not moving forward with the draft <a href="https://www.justice.gov/atr/page/file/1453471/download?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=" target="_blank">December 2021 draft statement</a>) was the best course of action for promoting both competition and innovation in the standards ecosystem. Though our agencies agreed to withdraw the statement, our work was not done.</p><p>In July, I <a href="https://www.uspto.gov/blog/director/entry/advancing-u-s-interests-abroad" target="_blank">held discussions with the World Intellectual Property Organization</a> (WIPO) on the margins of its annual Meetings of Assemblies in Geneva. There, the USPTO signed a <a href="https://www.uspto.gov/about-us/news-updates/uspto-and-wipo-agree-partner-dispute-resolution-efforts-related-standard" target="_blank">memorandum of understanding with WIPO</a> to cooperate on activities that will lend efficiency and effectiveness to the resolution of disputed SEP matters, by leveraging existing resources of the USPTO and the WIPO Arbitration and Mediation Center. During my recent trip to Asia, I also spoke with my counterparts in Singapore and other ASEAN countries on patent valuation and building out arbitration procedures and processes with stakeholders.</p><p>A first step in our collaboration with WIPO will be a <a href="https://www.uspto.gov/about-us/events/standard-essential-patents-seps-use-alternative-dispute-resolution-sep-disputes" target="_blank">webinar cosponsored by the USPTO and WIPO</a> on October 6. During the event, the WIPO Arbitration and Mediation Center will share its experience in resolving FRAND and SEP disputes. </p><p>On October 11, I will participate in an SEP roundtable in Detroit with the automotive industry. I also look forward to speaking at the <a href="https://globalfrand.com/" target="_blank">Global FRAND and SEP Symposium </a>on October 21, alongside Lisa Jorgenson, Deputy Director of the Patents and Technology Sector at WIPO. </p><p>I am very interested in hearing more from stakeholders on the role the USPTO can play to support them in the standards space. To this end, we are also planning a broader stakeholder session titled “Innovating ideas around standard essential patents.” The event, originally scheduled for October 18, is postponed to accommodate greater in-person attendance and to allow us to hear from all interested stakeholders, including a diverse cross-section of the SEP community. The USPTO is looking to reschedule the event in 2023. Keep an eye out for a future announcement. We are taking an all-of-government approach and will announce additional upcoming engagement opportunities soon. </p><p>Meanwhile, if you have any questions or would like to engage on this topic, please email <a href="mailto:SEP_Policy@uspto.gov">SEP_Policy@uspto.gov</a>. </p>
https://www.uspto.gov/blog/director/entry/go-for-real-an-innovative
Go for Real: An innovative USPTO partnership helping young consumers avoid dangerous fakes
USPTO
2022-09-19T11:15:45-04:00
2022-09-19T13:40:40-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em> <p><p><img alt="Shop Smart and Stay Safe logo" src="https://www.uspto.gov/blogdata/img/Shopsmartlogo.jpg"></p><em>This is the first blog post in a series the USPTO is launching on our comprehensive anti-counterfeiting efforts to spread the word on the dangers of buying fake products and encourage more consumers to buy the real thing. Stay tuned for more in this series as we continue our call to shop smart and stay safe.</em><p></p><p>As America’s Innovation Agency, the USPTO is working to protect brands, from those owned by individuals and start-ups to the world’s most well-known brands. The USPTO is working to change the narrative around purchasing counterfeit products and informing consumers about the dangers and consequences of purchasing counterfeit goods.</p><p>Counterfeit products, such as faulty electronics and fake medicines, cause serious injuries and death. Fake electronics and consumer items can cause fires or include dangerous chemicals that can seep into skin. The U.S. Drug Enforcement Administration, in its <a href="https://www.dea.gov/onepill" target="_blank">One Pill Can Kill</a> campaign, notes that criminal drug networks are flooding the U.S. market with mass-produced fake pills and falsely marketing them on social media and e-commerce platforms as legitimate prescription pills.</p><p>Buying fake products funnels money from U.S. jobs and companies into the hands of criminal enterprises, supporting human trafficking, the gun and drug trades, and other crimes. We estimate that the global sale of counterfeit goods hovers around $2 trillion per year—more than the GDP of 216 countries, including Italy, Canada, and Spain. In fiscal year 2021, the U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement–Homeland Security investigation <a href="https://www.cbp.gov/trade/priority-issues/ipr?language_content_entity=en" target="_blank">seized</a> over 27,000 shipments containing counterfeit goods, with a total value (had they been genuine) of more than $3.3 billion.</p><p>Here at the USPTO, we are working across government and with legitimate businesses who invest significantly in their products and brands. We are joined in this important work by our colleagues at the U.S. Food and Drug Administration, U.S. Customs and Border Protection, the International Trade Administration (ITA), the U.S. Copyright Office, and private sector leaders such as the International Trademark Association (INTA), the National Inventors Hall of Fame (NIHF), innovation film organization Cinequest, and several others. Together, we must work to curb the physical and economic harms caused by faulty and dangerous counterfeit products, while freezing out the criminal enterprises they support.</p><p>Education on the dangers of counterfeit goods must start early. That’s why, since 2019, the USPTO has partnered with the National Crime Prevention Council (NCPC) and McGruff the Crime Dog® on the <a href="https://www.ncpc.org/goforreal/" target="_blank">Go For Real</a><span style='line-height: 107%; font-family: "Calibri",sans-serif; font-size: 11pt; mso-fareast-font-family: "Times New Roman"; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;'><sup>TM</sup></span> campaign. This innovative, multi-format public awareness initiative informs tweens, teens, and their caregivers and educators on how to spot counterfeit products and avoid the risk of harm they pose.</p><p><em><img alt="Mcgruff visiting the USPTO headquarters" src="https://www.uspto.gov/blogdata/img/Mcgruffsocial682.jpg"></em></p><em>On August 5, McGruff the Crime Dog visited the USPTO headquarters in Alexandria, VA (Photos by Jeff Isaacs/USPTO)</em><p></p><p>On August 11, the Go For Real campaign debuted its latest public service announcement (PSA), “The Real McGruff”, featuring a 3-D animated McGruff the Crime Dog and his nephew, Scruff. This new PSA will be seen by millions in both English and Spanish on television, social media, and other distribution channels. In its debut week alone, the PSA aired approximately 300 times, including on major networks and on Spanish-language channels in Los Angeles, Phoenix, Denver, Boston, and more.<p><img alt="Image of McGruff winking in new public service announcement" src="https://www.uspto.gov/blogdata/img/Mcgruffwink682.jpg"></p><p></p><p>The USPTO is excited to team up with this modernized McGruff to take a bite out this 21st century crime that puts the health and safety of millions at risks, jeopardizes American businesses and the millions of workers they employ, and threatens American competitiveness worldwide. Protecting legitimate brands is vital to ensuring a safe and stable economy, and we encourage all consumers to “Go For Real.”</p><p>You can view the <a href="https://www.youtube.com/watch?v=-JtPaWp0Npg&t=1s" target="_blank">new PSA here</a>, and check out the rest of the Go For Real campaign’s engaging and educational content. My personal favorites include:</p><p>• The award-winning <a href="https://www.youtube.com/watch?v=j7ZEsvwTGQ0&t=2s" target="_blank">“You’re Smart. Buy Smart” PSA</a>, debuted in November 2021. It has been aired on television channels around the country more than 50,000 times.<br>• The digital “<a href="https://www.ncpc.org/goforrealtoolkit/dupe-detector-kit/" target="_blank">Dupe Detector Kit</a>,” an interactive e-book that challenges readers to test their “Dupe Detector” skills. It provides tips on how to tell a real product from a fake one, trivia to reinforce learning, and the opportunity to earn points that can be put toward collectible badges on the <a href="http://www.ncpc.org/GoForReal/" target="_blank">Go For Real campaign webpage</a>.<br>• The <a href="https://www.ncpc.org/goforrealchallenge/" target="_blank">#GoForReal Challenge</a>, an interactive quiz that will test your knowledge on the surprising—and sometimes astonishing—materials that are used in fake products.</p><p>Young people are getting the message. A survey conducted last year by Ipsos, an international market research and consulting firm, found that teens exposed to the Go For Real campaign demonstrated a greater awareness of the dangers of counterfeits, felt more confident in spotting fake goods, and were more likely to make an effort to buy genuine products.</p><p><img alt="Go for Real metro advertisement" src="https://www.uspto.gov/blogdata/img/Metro682.jpg"></p>And we’re just getting started. Those in the Washington, D.C., area can see Go For Real advertising on the Washington Metropolitan Area Transit Authority’s bus and metro system. Recently, the <a href="https://www.prnewswire.com/news-releases/mcgruff-the-crime-dog-and-nascars-joey-gase-want-you-to-buy-smart-301611605.html" target="_blank">National Crime Prevention Council teamed up with NASCAR</a> to raise awareness of the campaign, with racer Joey Gase displaying the Go for Real logo on his #35 car at the WAWA 250 in Daytona Beach, Florida. And in the coming months, the Go For Real campaign will be debuting a new online game and new educational content, and hosting more in-person events featuring the beloved McGruff.<p></p><p><p><img alt="Go for Real logo on NASCAR racing car" src="https://www.uspto.gov/blogdata/img/NASCAR2682.jpg"></p><p><em>Go for Real logo on Joey Gase's #35 car at the WAWA 250 in Daytona Beach, Florida (photo courtesy of the National Crime Prevention Council)</em></p><p>Go For Real is also making waves internationally: Campaigns have already been launched in Mexico and Thailand. The latest iteration is in Mexico, where the Mexican Institute of Industrial Property (IMPI) has developed the “Elige el Original” (“choose the original”) campaign. It features a new mascot designed to better appeal to Mexican children and teens: an Axolotl, or a Mexican salamander. And there are future plans to expand into other global markets.</p><p>By working together to reduce the scourge of fakes and raising awareness about the dangers and costs of purchasing counterfeits, it’s our hope that we can make a real difference in this effort. And we always welcome additional collaborators! Whether you are a brand or leading a start-up, or just someone who wants to make a difference, please join us and get involved by emailing <a href="mailto:enforcement@uspto.gov">enforcement@uspto.gov</a>. And if you think you've spotted a counterfeit, <a href="https://www.ncpc.org/goforrealtoolkit/resources/" target="_blank">report it</a> to help others shop smart and stay safe. Let’s all pledge to “Go For Real.<span style='line-height: 107%; font-family: "Calibri",sans-serif; font-size: 11pt; mso-fareast-font-family: "Times New Roman"; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;'><sup>TM</sup></span>”</p>
https://www.uspto.gov/blog/director/entry/advancing-u-s-interests-abroad
Advancing U.S. interests abroad
USPTO
2022-09-06T04:04:10-04:00
2022-09-06T04:04:10-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><em><em><em><em><img alt="Director Vidal addresses WIPO General Assembly" src="https://www.uspto.gov/blogdata/img/VidalWIPO682.jpg"></em></em></em></em></p><p><em>Director Vidal addresses the WIPO General Assembly in Geneva, Switzerland, in July 2022.</em></p><p>The Biden Administration is strengthening international engagement and economic growth by working in partnership with allies and partner countries to enhance resilience, sustainability, inclusiveness, fairness, and competitiveness. To advance that goal, I recently led a USPTO delegation at the 63rd Series of Meetings of the Assemblies of the Member States of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland.</p><p>Our delegation participated in numerous bilateral meetings with other intellectual property (IP) offices to improve IP systems globally. We are making it easier for U.S. businesses to compete through stronger IP protection and reduced barriers to global protection.</p><p>While in Geneva, we formed new partnerships with WIPO to advance the development of green technologies and to support work in the standard-setting area. In support of the Biden Administration’s actions to address the clear and present danger of climate change, the USPTO entered into a partnership with <a href="https://www3.wipo.int/wipogreen/en/" target="_blank">WIPO GREEN</a>. This global online platform facilitates the dissemination and advancement of environmentally friendly technologies, provides opportunities for collaboration and partnership, and encourages widespread adoption.</p><p>With 146 international partners, including major tech companies, IP offices, business groups, and non-governmental organizations, WIPO GREEN provides opportunities for U.S. innovators to advance their innovation in green technologies and bring their ideas to market and to the world. This work complements our own climate change initiatives, including the <a href="https://www.uspto.gov/patents/laws/patent-related-notices/climate-change-mitigation-pilot-program" target="_blank">USPTO Climate Change Mitigation Pilot Program</a>, which accelerates the examination of patent applications involving innovations to reduce greenhouse gas emissions.</p><p>Following our withdrawal of the 2013, 2019, and the decision not to finalize the 2021 draft standard-essential patent (SEPs) policy statements, the USPTO and the National Institute of Standards and Technology (NIST) have been working with the Biden Administration and stakeholders on strategies to encourage and advance U.S. interests in the key technologies that have and will become standards across the globe—from wireless communication technologies and computer connection standards to new and emerging technologies. We must continue to encourage U.S. participation in standard-setting organizations and the efficient and effective adoption of those technologies by our industries, as part of our efforts to promote innovation in the standards space and drive sustainable, long-term growth in the U.S. economy.</p><p><em><img alt="Director Vidal and Director General Tang sign standard essential patents agreement" src="https://www.uspto.gov/blogdata/img/VidalTang682.jpg"></em></p><em>Director Vidal and WIPO Director General Daren Tang signed an agreement to facilitate the resolution of disputes related to standard essential patents.</em><p></p><p>On July 20, WIPO Director General Daren Tang and I signed an agreement to bring awareness to services that WIPO has in place to facilitate the resolution of disputes related to SEPs. As part of the agreement, we will leverage existing resources both at the USPTO and at WIPO’s <a href="https://www.wipo.int/amc/en/" target="_blank">Arbitration and Mediation Center</a>. Stay tuned for additional programs on mediation and ways for the USPTO to be a catalyst for economic growth in this critical space.</p><p><em><img alt="Director Vidal and Director General Haris Lakar sign an MOU" src="https://www.uspto.gov/blogdata/img/VidalLakar682.jpg"></em></p><em>Director Vidal and Director General of the Malaysia IP office, Mr. Abdul Haris Lakar, signed a memorandum of understanding to launch a bilateral Patent Prosecution Highway Pilot Program.</em> <p></p><p>The Geneva meetings provided our delegation an opportunity to meet with leaders of many of the world’s IP offices, including the European Patent Office and the Japan Patent Office, both of which are members of the multilateral IP groups <a href="https://www.fiveipoffices.org/about" target="_blank">IP5</a> and <a href="https://www.trilateral.net/home" target="_blank">Trilateral</a>. I also discussed with several of my counterparts, including from Australia, Indonesia, Japan, Malaysia, the Philippines, and Vietnam, the <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/05/23/fact-sheet-in-asia-president-biden-and-a-dozen-indo-pacific-partners-launch-the-indo-pacific-economic-framework-for-prosperity/" target="_blank">Indo-Pacific Economic Framework for Prosperity</a> (IPEF), an initiative launched by President Biden in May 2022 to ensure American workers and businesses can compete in the Indo-Pacific market, while also benefitting people of the region by enhancing the economic competitiveness of the United States and the IPEF partners. At our meeting with the Director General of the Malaysia IP office, Mr. Abdul Haris Lakar, we signed a memorandum of understanding to launch a bilateral <a href="https://www.uspto.gov/patents/basics/international-protection/patent-prosecution-highway-pph-fast-track" target="_blank">Patent Prosecution Highway</a> (PPH) Pilot Program with Malaysia. Building on the now 37 PPH agreements the USPTO has entered into to reduce the barriers and costs for IP protection by US companies and innovators across the globe, and to increase efficiencies and improve quality, we met with many other countries to discuss expanding PPH and other collaborations.</p><p>We also continued our discussions and support for the Ukrainian Intellectual Property Institute. Resolutely, they continue to operate without interruption despite the Russian invasion of their country.</p><p>All-in-all, we met with senior officials of IP offices in Europe, Eastern Europe, the Middle East, Central Asia, Southeast Asia, Africa, and North America, and held discussions which ranged from collaborations to address challenges in the areas of global health and the economy to brainstorming additional ways to increase the participation of women and other underrepresented and underserved groups in IP.</p><p>As we hear from stakeholders, we have also broadened our engagement with the UK Intellectual Property Office and are working with them to establish a US-UK IP working group to continue and expand our efforts. As former leader Tim Moss moves on, I’ve welcomed interim CEO Adam Williams and we are in discussions about future collaborations.</p><p>As we continue regular conversations and collaborations with WIPO and these countries on key stakeholder priorities, I now head to Southeast Asia to continue these efforts. During that trip, I will continue our work with WIPO, IP5 and the Trilateral offices, as well as with IPEF countries.</p><p>Together, we will evolve the global IP ecosystem to be a true catalyst for more inclusive innovation and economic prosperity—one that will help solve the common challenges we all face. </p>
https://www.uspto.gov/blog/director/entry/call-for-collaborations-with-stakeholders
Call for collaboration with stakeholders
USPTO
2022-08-31T04:05:40-04:00
2022-08-31T08:28:57-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><em><img alt="Individuals looking at new technology" src="https://www.uspto.gov/blogdata/img/SEE682.jpg"></em></p>We are working across our great agency to improve our processes, technology, and training. Each and every one of us is committed to providing the best service possible for all innovators and entrepreneurs, from pro se to experienced. Our goal is to issue and maintain robust and reliable intellectual property (IP) rights that strengthen our economy, provide jobs, and create opportunity.<p></p><p>Over the last four months, I’ve held numerous listening sessions with USPTO employees, including patent examiners, trademark examining attorneys, and Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board judges, both in Alexandria, Virginia, and across the country. I’ve met with hundreds of our team members, new and experienced, and heard their ideas on ways we can improve. Based on feedback I received, last week I met with the entire utility patent examiner corps. Patents management and I announced several key initiatives to improve the work we do. We are collaborating, including with the unions, to improve every aspect of our work. We have already extended work hours, implemented process improvements to make patent application classification and routing even more efficient and accurate, and announced numerous other agency-wide initiatives. I also met with many of our design patent examiners, and given the importance of design to our economy, we are currently focusing not only on additional and expanded training, but also on many more initiatives. It is one of my top priorities to improve the USPTO, for the benefit of all those who serve it as well as all those we serve, including the American public. </p><p><em></em><p><em><img alt="Deputy Director Brent, Director Vidal, and Acting Commissioner Faile at speak at the Patents Town Hall" src="https://www.uspto.gov/blogdata/img/PatentsTownHall682.jpg"></em></p><em>Deputy Director Derrick Brent, Director Kathi Vidal, and Acting Commissioner for Patents Andrew Faile met with the patent examining corps on August 23, 2022. (Photo by Jay Premack/USPTO)</em><p></p><p>In meeting with many of you, I have appreciated that you, our stakeholders, also want to know how you can help. In addition to sharing all your great ideas through our meetings, in response to our requests for comments (more to come!), as part of notice-and-comment rulemaking (stay tuned!), and via the new <a href="https://www.uspto.gov/about-us/engage-director" target="_blank">Engage with the Director webpage</a>, we hope you will work with us to provide opportunities for our patent examiners, those in the PTAB, and those across our agency to learn about your technology.</p><p>To that end, the USPTO has developed several successful programs to keep patent examiners up to date on the latest technological developments, emerging trends, and recent innovations. The programs provide our patent examiners, both in utility and design, opportunities to hear from experts who work in the various technologies examined throughout the USPTO. We are also opening up these opportunities so our PTAB employees, those in Trademarks, and others at the USPTO can likewise benefit. Engaging with scientists, engineers, and other experts from corporations, universities, and innovative organizations allows us to continually enhance the quality of the work we do.</p><p>We encourage all of you who can contribute to our learning, to open your doors and collaborate with us. You can do so through the Patent Examiner Technical Training Program (PETTP), the Site Experience Education (SEE) program, and Customer Partnership Meetings (CPMs), all of which provide examiners and others at the USPTO with the chance to interact with our stakeholders while enhancing their technical expertise. </p><p><strong></strong><p><strong><img alt="Flyer for PETTP" src="https://www.uspto.gov/blogdata/img/PETTPflyer682.jpg"></strong></p><strong>Patent Examiner Technical Training Program</strong><p></p><p>Patent examiners participate in technical training, including on designs, through courses provided by the PETTP. These courses were originally devised as in-person training sessions, but the USPTO has recently held them virtually. The sessions cover a vast variety of topics, such as next-generation tools for spatial genomics, additive manufacturing, machine learning, and chemistry for mitigating climate change, just to name a few. In fiscal year 2022 alone, the PETTP held 327 events with 1,770 total participants. Technology experts volunteer their time to speak with USPTO employees as guest lecturers. More information on the PETTP, including past guest speakers, is available on our <a href="http://www.uspto.gov/PatentExaminerTechTraining" target="_blank">website</a>. Please contribute to the body of knowledge of our examining corps, and others at the USPTO, by volunteering as a guest lecturer for this program and filling out the <a href="https://www.uspto.gov/patents/initiatives/patent-examiner-technical-training-program/patent-examiner-technical-training-0" target="_blank">PETTP sign-up form</a>. If you have any questions, you can also contact <a href="mailto:PETTP@uspto.gov">PETTP@uspto.gov</a> or view our <a href="https://www.uspto.gov/sites/default/files/documents/pettp-flyer-current.pdf" target="_blank">PETTP flyer</a>. </p><p><strong></strong><p><strong><img alt="SEE flyer" src="https://www.uspto.gov/blogdata/img/SEEflyer2682.jpg"></strong></p><strong>Site Experience Education program</strong><p></p><p>One of the most direct engagement initiatives between stakeholders and patent examiners, the SEE program connects innovators, scientists, designers, and engineers with patent examiners right where innovation is happening. Participating organizations have a chance to communicate directly with patent examiners and gain a greater understanding of the importance of the patent system and how it works. In fiscal year 2019, the program provided 98 site visit experiences to 322 examiners. Due to the pandemic, we also now work with organizations virtually. The new virtual format provides examiners with live videos, live demos, and pre-recorded product demos with live narration on a variety of topics curated by the host organization.</p><p>Through this program, examiners and others at the USPTO can visit organizations within the continental U.S., learn about new and evolving technologies, and experience how these technologies are developed and operate in the field. More information on the SEE program, including past trips, is available on our <a href="http://www.uspto.gov/SiteExperienceEducation" target="_blank">website</a>. Please volunteer as a host organization by filling out the <a href="https://www.uspto.gov/patents/initiatives/see-program-interest-form#step1." target="_blank">SEE program interest form</a>. If you have any questions or comments regarding the SEE program, please email us at <a href="mailto:SEE@uspto.gov">SEE@uspto.gov</a> or view our <a href="https://www.uspto.gov/sites/default/files/documents/SEE-Flyer.pdf" target="_blank">SEE flyer</a>.</p><p><em><img alt="Photo of Customer Partnership Meeting" src="https://www.uspto.gov/blogdata/img/CPM682.jpg"></em></p><em>Customer Partnership Meeting led by Technology Center 2600, which oversees the technology of communications. (Photo by the USPTO)</em><p></p><p><strong>Patents Customer Partnership Meetings</strong></p><p>Patents CPMs provide a valuable opportunity for our stakeholders to meet directly with USPTO employees in a collaborative forum. Recent topics of discussion have included statutory provisions governing patent infringement, the <a href="https://www.uspto.gov/patents/initiatives/patent-application-initiatives/deferred-subject-matter-eligibility-response" target="_blank">Deferred Subject Matter Eligibility Response pilot program</a>, the provision of explicit rationale under 35 U.S.C. 103(a), and searches for biological sequences, to name a few. Over 460 people participated in a recent virtual CPM. At these meetings, we share plans and operational efforts to better educate and inform our stakeholders. These meetings also enable the patent community to share ideas, experiences, and insights as well as discuss examination policies and procedures, and solutions for improvement. More information on CPMs is available on our <a href="https://www.uspto.gov/patents/patents-customer-partnership-meetings" target="_blank">Patents CPM page</a>. Please participate as a guest speaker for a CPM by filling out the <a href="https://www.uspto.gov/patent/cpm/speaker-interest-form" target="_blank">Partnership Meetings speaker interest form</a>. For general questions or comments about CPMs, please email <a href="mailto:patentspartnerships@uspto.gov">patentspartnerships@uspto.gov</a>. For specific questions regarding a certain topic or technology, please contact our <a href="https://www.uspto.gov/patent/patents-customer-partnership-meetings/partnership-meetings-poc" target="_blank">CPM specialists</a>.</p><p>We all have a role to play in the IP system, to ensure that robust and reliable IP promotes innovation, investment, and economic prosperity. Please provide training by participating in one or more of these programs—either in person or virtually—in your area of expertise. You can also <a href="https://public.govdelivery.com/accounts/USPTO/subscriber/new" target="_blank">sign up for email updates</a> to get the latest news from the USPTO and information on upcoming events, and you can connect with me through the <a href="https://www.uspto.gov/about-us/engage-director" target="_blank">Engage with the Director webpage</a>. We look forward to the progress we will make together, as drivers of America’s economic engine, to further strengthen our world-class IP system.<br></p>
https://www.uspto.gov/blog/director/entry/patent-public-search-tool-a
Patent Public Search tool – a streamlined way to search all U.S. published patent applications
USPTO
2022-08-10T08:22:22-04:00
2022-08-10T08:22:22-04:00
<p><em>Blog by Andrew Faile, Acting Commissioner for Patents, and Jamie Holcombe, Chief Information Officer</em></p><p><em><em><img alt="Patent Public Search tool" src="https://www.uspto.gov/blogdata/img/PPUBS682.jpg"></em></em></p><em>“The new search interface for Patent Public Search looks really nice. We’re enjoying playing with new features!”</em><p></p><p><em>“The work you have done on the new public search system is top notch… it saves a lot of time while improving the search results I am able to obtain… Very impressive work.”</em></p><p><em>“Looking forward to using this new tool for my upcoming patent applications.”</em></p><p>As part of our ongoing effort to modernize and streamline our systems, earlier this year, we unveiled an all new <a href="https://ppubs.uspto.gov/pubwebapp/static/pages/landing.html" target="_blank">Patent Public Search (PPUBS) tool</a>. PPUBS is a free online search tool for all U.S. published patent applications and patent grants. Currently, approximately 4,500 users are conducting patent searches with PPUBS each day in the U.S. and internationally, and close to 350,000 people have used PPUBS since it launched. Based on the success and positive feedback we’ve received on PPUBS – with a few testimonial examples listed above – it will officially replace our legacy systems this September.</p><p>With the launch of PPUBS, you can now search the text of all published U.S. patents and U.S. Pre-Grant publications (PGPubs) remotely in one streamlined system. Previously, in order to conduct a similar search, you needed to visit a <a href="https://www.uspto.gov/about-us/uspto-office-locations" target="_blank">USPTO facility</a> like our headquarters in Alexandria, a regional office, or a <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-and-trademark-resource-centers-ptrcs" target="_blank">Patent and Trademark Resource Center</a>. That also meant using one of four legacy systems: Public-Examiner’s Automated Search Tool (PubEAST), Public-Web-based Examiner’s Search Tool (PubWEST), Patent Full-Text and Image Database (PatFT), and Patent Application Full-Text and Image Database (AppFT).</p><p>We developed PPUBS based on the current internal tool used by patent examiners, Patents End to End Search (PE2E-Search). Some similar features include highlighting, efficient tagging, and advanced notes for searching, analyzing, and managing patent data.</p><p>Some additional benefits of PPUBS include:</p><p>• <strong>Layouts</strong>: Multiple layouts and tools allow you to view more data at once and perform more precise searching.<br>• <strong>Highlighting</strong>: Multi-color highlighting allows you to easily sort and categorize your search results.<br>• <strong>Tagging</strong>: Document tagging allows you to group, rename, or color code your search results, helping you better organize your data.<br>• <strong>Notes</strong>: More advanced notes allow you to include tags, relevant claims, or other useful details. <br>• <strong>Quality</strong>: Robust full-text searching of U.S. patents and published applications improves the quality of your search and provides enhanced access to prior art.<br>• <strong>Familiar usability</strong>: If you previously used PubEAST and PubWEST, you will find that PPUBS has similar familiar searching options.</p><p>We are holding a number of regular training sessions on PPUBS – including webinars for novice searchers and advanced searchers. To view upcoming public training sessions, visit the <a href="https://www.uspto.gov/about-us/events" target="_blank">events page of the USPTO website</a>. We also offer training materials, quick reference guides, frequently asked questions, and a help center on the <a href="https://ppubs.uspto.gov/pubwebapp/static/pages/landing.html" target="_blank">Patent Public Search webpage</a>.</p><p>Your feedback is important to help us identify any issues with PPUBS and to determine features we may want to add or improve. If you have questions about Patent Public Search, please <a href="https://ppubs.uspto.gov/pubwebapp/static/pages/contact-us.html" target="_blank">contact us</a>. We are confident the new, powerful, and flexible capabilities of PPUBS will improve the overall patent searching process. If you aren’t already using it, we hope you’ll try it soon! </p>
https://www.uspto.gov/blog/director/entry/duty-of-disclosure-and-duty
Duty of disclosure and duty of reasonable inquiry promote robust and reliable patents, drive competition and economic growth, and bring life-saving drugs to the American people
USPTO
2022-07-28T05:24:10-04:00
2022-09-14T04:54:47-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><em><img alt="Image of a person working in a laboratory" src="https://www.uspto.gov/blogdata/img/Pharma682.jpg"></em></p>The United States is a global leader in new drug development. The important contributions and life-saving treatments developed by the pharmaceutical industry have fully or nearly eradicated deadly diseases like smallpox, polio, measles, diphtheria, hepatitis B, and meningitis, as well as created highly effective treatments for various cancers and chronic diseases. Much of this was made possible because of our strong patent protection.<p></p><p>For patents to play this critical role, they must be robust and reliable. Robust and reliable patents incentivize and protect breakthrough innovation, but they also ensure our system as a whole does not unnecessarily delay getting generic and more affordable versions of those drugs into the hands of Americans who need them.</p><p>President Biden recognized this need in the July 9, 2021, <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/07/09/executive-order-on-promoting-competition-in-the-american-economy/" target="_blank">Executive Order on Promoting Competition in the American Economy</a> (EO). The EO required the Food and Drug Administration (FDA) to identify any concerns about the patent system being used to unjustifiably delay generic drug and biosimilar competition beyond that reasonably contemplated by applicable law. On September 10, 2021, we received a <a href="https://www.uspto.gov/sites/default/files/documents/EO14036-FDALettertoPTO.pdf" target="_blank">letter from Acting FDA Commissioner Woodcock</a> in which the FDA suggested further engagement between the FDA and USPTO “to facilitate greater awareness of our complementary work and introduce efficiency in our respective workstreams.”</p><p>I recently sent a <a href="https://www.uspto.gov/sites/default/files/documents/PTO-FDA-nextsteps-7-6-2022.pdf" target="_blank">response to the FDA's letter</a> to FDA Commissioner Dr. Robert Califf. In it, I described many of the initiatives we’re working on to strengthen our patent system for all technologies, in addition to the work the USPTO is doing with the FDA directly.</p><p>One of those initiatives relates to ensuring that the USPTO has the key information our examiners need when deciding whether to grant patent rights. The USPTO and the American people rely on inventors, applicants, and parties abiding by their “duty of disclosure” and “duty of reasonable inquiry,” including their ongoing duty to provide consistent statements about drugs to the USPTO and the FDA. This duty applies during examination of patent applications, including continuation applications, and after issuance during any post-grant examination or proceeding to review the issued patent. Adherence to these duties helps our patent examiners and administrative patent judges within the Patent Trial and Appeal Board effectively and efficiently determine whether an invention—for instance, a drug product—is patentable by providing them with key relevant information. Failure to abide by these duties is not only a disservice to the American public, it is sanctionable.</p><p>To reinforce the importance of these duties, today we announced information in a <a href="https://www.federalregister.gov/public-inspection/2022-16299/duties-of-disclosure-and-reasonable-inquiry-during-examination-reexamination-and-reissue-and-for" target="_blank">federal register notice (FRN) on the “duty of reasonable inquiry” and “duty of disclosure”</a> owed to the USPTO and American public.</p><p>The FRN also addresses a <a href="https://www.leahy.senate.gov/imo/media/doc/20210909 Letter to PTO on FDA submissions.pdf" target="_blank">letter from Senators Leahy and Tillis</a> expressing their belief that improving patent quality will increase competition and drive economic growth. The letter requested that we take steps to ensure that drugmakers disclose relevant statements they have made to other agencies, such as the FDA, when seeking patent protection for their pharmaceutical products at the USPTO. The letter expressed concern that, “[f]or example, inconsistent statements submitted to the Food and Drug Administration (FDA) to secure approval of a product—asserting that the product is the same as a prior product that is already on the market—can then be directly contradicted by statements made to the PTO to secure a patent on the product.”</p><p>In addition to today’s FRN, we are considering additional measures to ensure issued patents are robust and reliable. Visit our <a href="https://www.uspto.gov/initiatives/fda-collaboration" target="_blank">USPTO-FDA Collaboration Initiatives page</a> for more information on our efforts in the pharmaceutical space. As always, we welcome your feedback at <a href="mailto:drugpricing@uspto.gov">drugpricing@uspto.gov</a> and invite you to join us at an <a href="https://www.uspto.gov/about-us/events" target="_blank">upcoming public event</a>. You can also <a href="https://public.govdelivery.com/accounts/USPTO/subscriber/new" target="_blank">sign up for email updates</a> to get the latest on news from the USPTO and other upcoming events and connect with me through the <a href="https://www.uspto.gov/about-us/engage-director" target="_blank">Engage with the Director webpage</a>.<br></p>
https://www.uspto.gov/blog/director/entry/secretary-of-commerce-gina-raimondo
Secretary of Commerce Gina Raimondo and the USPTO’s Council for Inclusive Innovation expand innovation to promote jobs and U.S. prosperity
USPTO
2022-07-27T04:38:35-04:00
2022-08-04T05:05:13-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><em><em><img alt="Collage of USPTO CI2 images" src="https://www.uspto.gov/blogdata/img/CI2collage682.jpg"></em></em></p><em>From left: USPTO staff worked with second graders on their science and engineering projects at Cora Kelly School for Math, Science, and Technology in Alexandria, VA on April 26, 2022; Secretary Raimondo and Director Vidal met with Urban Alliance interns at the USPTO on July 11, 2022; Legal Experience and Advancement Program proceedings at the USPTO; inventor Lonnie Johnson at a ceremony at the National Inventors Hall of Fame (NIHF) on May 4, 2022. (Photos by the USPTO and courtesy of the National Inventors Hall of Fame)</em><p></p><p>The key to unlocking the potential of every American, creating jobs, and promoting economic prosperity is expanding access to the innovation ecosystem in every corner of our country. We must not only promote and protect more innovation, we must tap into communities traditionally underrepresented in the innovation ecosystem. If we <a href="https://www.uspto.gov/initiatives/equity/importance-equity-innovation" target="_blank">address these disparities</a>, we could quadruple the number of American inventors, and increase the GDP per capita by as much as 4%, or by about $1 trillion. This is a national imperative.</p><p>That’s why the USPTO’s <a href="https://www.uspto.gov/initiatives/equity/ci2" target="_blank">Council for Inclusive Innovation</a> (CI<sup>2</sup>), which Secretary of Commerce Gina Raimondo and I Chair and Vice Chair respectively, has been hard at work on new initiatives to bolster participation in innovation, including invention, entrepreneurship and creativity. <a href="https://www.uspto.gov/initiatives/equity/ci2/members" target="_blank">CI</a><sup><a href="https://www.uspto.gov/initiatives/equity/ci2/members" target="_blank">2</a></sup><a href="https://www.uspto.gov/initiatives/equity/ci2/members" target="_blank"> council members</a>—which include leaders in industry, academia, government and non-profit organizations—worked with CI<sup>2</sup> working group members to develop initiatives to improve our innovation economy and strengthen American competitiveness.</p><p>In addition to launching our newly rolled out <a href="https://www.uspto.gov/initiatives/equity" target="_blank">inclusive innovation page</a>, which offers those new to the innovation ecosystem resources and services to encourage and support their participation, we are launching a first set of initiatives to encourage, empower, and support the innovators of tomorrow.</p><p>These new initiatives include:</p><p><strong>Innovation internship program</strong></p><p>As a child of a career military family who grew up with limited resources, and as one of only three women in my entire electrical engineering class in college in the 1980s, I recognize the importance of providing those without traditional paths into our innovation ecosystem equal and equitable opportunities. To teach our youth the value of innovation and protecting innovation with intellectual property, and to encourage a more inclusive pipeline of talent, the USPTO is establishing paid internships at our agency to provide hands-on job training to community college and university students.</p><p>If you are or know of an interested student, please see our newly-posted <a href="https://bit.ly/3cIWol6" target="_blank">announcement</a> calling for candidates and apply by August 16. I hope to see you around the halls of the USPTO!</p><p><strong>First-time filer expedited examination petition</strong></p><p>The USPTO receives approximately 40,000 patent applications per year that name at least one inventor who is a first-time filer. For some first-time micro entity filers, speeding up the time to secure a patent could accelerate their ability to bring their ideas to impact – to start companies, secure investment and create jobs.</p><p>To support their journeys, we are announcing a new fast-track program that will provide expedited examination and early indication of patentability for first-time micro entity filers. The fast-track program will include additional support for filings in the program including training as a prerequisite to participation in the program. Look for our federal register notice (FRN) on this program soon, which we expect will launch in early fall. After the program launches, even those already in the system may be qualified to participate.</p><p>This program supplements the USPTO’s other expedited examination programs including those supporting COVID, cancer immunotherapy, and green technology. For a full listing of options, visit the <a href="https://www.uspto.gov/patents/initiatives" target="_blank">initiatives</a> page of the USPTO website.</p><p><strong>Expansion of free legal services</strong></p><p>By expanding access to free (or “pro bono”) legal services, we can assist more under-resourced innovators protect their ideas and bring them to market. The USPTO is expanding both its Law School Clinic Certification Program as well as its support of regional patent pro bono programs. </p><p>The USPTO’s <a href="https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1" target="_blank">Law School Clinic Certification Program</a> includes over 60 participating law school clinics that provide legal services at no charge to inventors and small business owners. Expanding our program to more law schools and students means increasing opportunities for more innovators to receive important pro bono services to help bring their ideas to reality. It also provides for more opportunities for more students to explore the world of intellectual property and to be able to contribute more meaningfully upon graduation.</p><p>We are excited to welcome four new law schools this year as participants in the patent and/or trademark law school clinic programs: George Mason University, Case Western University, Wake Forest University, and Brigham Young University. We are grateful for their participation and their willingness to serve our nation’s innovators through their important work.</p><p>If you’re a law school interested in joining this innovative program, please email <a href="mailto:LawSchoolInformation@uspto.gov">LawSchoolInformation@uspto.gov</a>.</p><p>The USPTO also supports 21 pro bono regions across the country as part of the USPTO’s <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program" target="_blank">Patent Pro Bono Program</a>. I have met with a number of participants from those regions as I visited with various communities across our country. We are working with participating regional patent pro bono programs on plans to expand their work, including by infusing more funding into their programs, so they can help even more innovators. We find that when we reach people where they are, we support a wider swath of Americans including more veterans, those having a lower socio-economic status, those outside of technology hubs, and those who have traditionally not had access to the innovation ecosystem.</p><p>Whereas approximately 13% of named inventors on U.S. patents are women, 41% of Patent Pro Bono Program applicants who responded to a survey in 2021 identified as women. In addition, 30% identified as African American, 14% as Hispanic, 5.6% as Asian American or Pacific Islander and 1.5% as Native American.</p><p><strong>Community outreach campaign</strong></p><p>The USPTO employs more than 9,000 patent examiners and trademark examining attorneys across the country. These are intellectual property (IP) experts whose work propels innovation forward and protects inventions and brands. Our employees have the experience and knowledge to help communities meaningfully pursue invention, entrepreneurship and creativity and to protect their ideas, brands and creations.</p><p>Later this year, the USPTO will pilot a volunteer program that will leverage the USPTO’s nationwide workforce as a powerful tool for educating local communities on the importance of IP, with the goal of increasing IP literacy and participation in the innovation ecosystem across our nation’s full population. Volunteer employees – or, as I like to think of them, USPTO IP champions – will engage with new audiences on the importance of protecting ideas and brands to help foster new businesses and economic activity. They will supplement the great work done through our East Coast regional coordinator and our four regional offices.</p><p>These are just a few of the initiatives we are launching as part of our CI<sup>2</sup> mission to expand innovation. We look forward to developing and announcing more. I welcome your feedback on these and other ideas, along with potential ways to collaborate to help advance our mission. Please connect with me at our <a href="https://www.uspto.gov/about-us/engage-director" target="_blank">Engage with the Director page</a> on the USPTO website. Further, we invite you to email <a href="mailto:CI2@uspto.gov">CI2@uspto.gov</a> if you’d like more information on CI<sup>2</sup> or to share additional ideas.</p><p>As Secretary Raimondo has said, “America’s diversity is a competitive advantage for our economy, but only if we give everyone an opportunity to fulfill their potential and fully participate.” We must encourage Americans who have not traditionally participated in our innovation ecosystem to pursue STEM innovation education and careers, to patent their ideas, trademark their brands, seek investments to grow their enterprises, and engage in emerging new sectors of the economy that need their unique insights and perspectives.</p><p>I am excited to be on this journey with you.</p>
https://www.uspto.gov/blog/director/entry/providing-clear-guidance-on-patent
Providing clear guidance on patent subject matter eligibility
USPTO
2022-07-25T04:58:18-04:00
2022-09-19T06:49:57-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><strong>Update:</strong> Given the overwhelming interest in the guidance, the USPTO will now accept feedback via the <a href="https://www.regulations.gov/document/PTO-P-2022-0026-0001" target="_blank">Federal eRulemaking Portal</a> until October 15, 2022. This blog has been updated to reflect the extension of the deadline for comments from September 15 to October 15.<br></p><p><p><img alt="image of lightbulbs" src="https://www.uspto.gov/blogdata/img/101682.jpg"></p><p><br></p>In our recent 2022 report to Congress titled “<a href="https://www.uspto.gov/sites/default/files/documents/USPTO-SubjectMatterEligibility-PublicViews.pdf" target="_blank">Patent eligible subject matter: Public views on the current jurisprudence in the United States</a>,”<sup>1</sup> I explained that across the spectrum, stakeholders generally agreed that the law on patent eligibility—like other areas of patent law—needs to be clear, predictable, and consistently applied. This clarity and consistency will allow innovators to attract the investment and collaborations that bring more innovation to impact, in turn creating more jobs and solving world problems.<p></p><p>Our founders left it to our representatives in Congress to promulgate laws that would incentivize invention and its disclosure. With this in mind, under 35 U.S.C. 101 (Section 101), Congress allows patent protection for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”</p><p>The Supreme Court has interpreted Section 101 as imposing per se limits on eligibility by excluding from protection laws of nature, natural phenomena, and abstract ideas (judicial exceptions).</p><p>The Court provided a two-step framework for assessing eligibility. The USPTO must first determine whether the claimed invention is directed to a judicial exception. If so, the claimed invention satisfies Section 101 when there is something else in the claim that transforms it into something patent eligible (e.g., the claim provides an inventive concept that amounts to significantly more than the recited law of nature, natural phenomenon, or abstract idea).</p><p>The claimed invention must also satisfy the other patentability criteria, including the written description, enablement, and other requirements of 35 U.S.C. 112 and the requirements that the claimed invention not be anticipated under 35 U.S.C. 102 or obvious under 35 U.S.C. 103. Though USPTO examiners work hand-in-hand with applicants to determine whether there is subject matter that can be patented, of office actions containing at least one rejection, approximately 8% of them contain a rejection based on eligibility grounds, compared to, for example, around 80% of them being based on obviousness.</p><p>The USPTO developed and deployed the <a href="https://www.uspto.gov/patents/initiatives/patent-application-initiatives/deferred-subject-matter-eligibility-response" target="_blank">Deferred Subject Matter Eligibility Response (DSMER) pilot program</a> at the urging of Senator Thom Tillis and Senator Tom Cotton in a <a href="https://www.uspto.gov/sites/default/files/documents/sens-sequencedexam-20210322.pdf" target="_blank">March 2021 letter</a>. The program is designed to evaluate whether examination efficiency and patent quality can be improved by delaying the complete evaluation of subject matter eligibility until other patentability criteria are evaluated as opposed to addressing all requirements for patentability at the same time. The invitation period of the program is set to expire on July 30, 2022. The program itself will continue for approximately one to two years as each of the participating applications reaches final disposition. To date, we have sent approximately 600 invitations, and one-third of those who responded have accepted. We look forward to the data from this pilot program and how it may inform examination practices moving forward.</p><p>In addition, the USPTO has imparted much-needed certainty into the patent examination process through updates to our guidance, including the 2019 Revised Patent Subject Matter Eligibility Guidance, the October 2019 Patent Eligibility Guidance Update, and the <em>Berkheimer</em> Memo, now integrated into the Manual of Patent Examining Procedure (MPEP). Our current guidance is in the <a href="https://www.uspto.gov/web/offices/pac/mpep/s2106.html" target="_blank">Manual of Patent Examining Procedure 2106</a>, which explains how patent examiners should evaluate claims for patent eligibility. The guidance has gone a long way toward providing consistent decision-making across our over 9,600 patent professionals, and has also produced a remarkable drop in the corps-wide eligibility rejection rate from about 25% in 2018 to about 8% today.</p><p>After we published the 2019 guidance, we issued an October 2020 report titled “<a href="https://www.uspto.gov/sites/default/files/documents/USPTO_AI-Report_2020-10-07.pdf" target="_blank">Public Views on Artificial Intelligence and Intellectual Property Policy</a>,” which discussed comments received from a diverse group of stakeholders on various issues affecting artificial intelligence, including subject matter eligibility. In April 2020, we released a <a href="https://www.uspto.gov/sites/default/files/documents/OCE-DH_AdjustingtoAlice.pdf" target="_blank">report on patent examination outcomes</a> titled “<em>Adjusting to Alice</em>.” The report discussed a study by the USPTO’s Office of the Chief Economist that found that the 2019 revisions to our eligibility guidance resulted in a 25% decrease in the likelihood of <em>Alice</em>-affected technologies receiving a first office action with a rejection for patent ineligible subject matter. The report also found that uncertainty about determinations of patent subject matter eligibility for the relevant technologies decreased by a remarkable 44% as compared to the previous year.</p><p>Despite this progress to achieve a more consistent examination under Section 101, there is more work to be done. Accordingly, we are revisiting our subject matter eligibility guidance.</p><p>We encourage the public to send any thoughts or comments on the guidance specified in MPEP Section 2106 via the <a href="https://www.regulations.gov/document/PTO-P-2022-0026-0001" target="_blank">Federal eRulemaking Portal</a> until October 15, 2022. The public has also provided, and can continue to provide, input through our <a href="https://www.uspto.gov/about-us/events/stakeholder-listening-session-series" target="_blank">stakeholder listening sessions</a>. The more specific the comments, the easier it will be for our team to assess them. Proposed redlines are also welcome.</p><p>In addition to the work within the USPTO, we are engaged in international efforts as we continue to evaluate our approach to subject matter eligibility. We have had several discussions and roundtables with colleagues from foreign offices, including counterparts from Europe, Japan, Korea, and China, to get a deeper understanding of how other jurisdictions determine patent eligibility. We continued those discussions this month in Geneva when I met with foreign intellectual property leaders on the margins of the Meetings of the Assemblies of the Member States of the World Intellectual Property Organization.</p><p>We are also working with Congress and the U.S. Department of Justice’s Office of the Solicitor General, providing technical assistance and other input on patent eligibility with the goal of creating more certain and predictable rights that foster innovation. We will continue to work with the Solicitor General and her office to identify good vehicles for achieving that objective, while pursuing all other options in parallel.</p><p>We look forward to continuing our discussions on this critically important topic and finding a path forward that will optimize our intellectual property laws for the benefit of our country.<br></p><p><sup>1 </sup>Our report was published in response to a March 2021 letter we received from Senator Thom Tillis, Senator Mazie Hirono, Senator Tom Cotton, and Senator Chris Coons asking that the USPTO issue a request for information on the current state of patent eligibility jurisprudence in the United States and provide a detailed summary of the findings. <br></p>
https://www.uspto.gov/blog/director/entry/the-search-for-lost-x
The search for lost X-patents
USPTO
2022-07-13T04:22:01-04:00
2022-07-13T04:22:01-04:00
<p><i>Guest blog by Adam Bisno, USPTO Historian</i></p><p><i><img alt="Blodgett's Hotel" src="https://www.uspto.gov/blogdata/img/Xpatents682.jpg"></i></p><i>Blodgett’s Hotel, which never did function as a hotel, became the headquarters of the U.S. Patent Office and the General Post Office in 1810. (Image courtesy of the Library of Congress)</i><p></p><p>In December 1836, a catastrophic fire at the United States Patent Office destroyed records of American innovation kept since the earliest days of the Republic. We call patents from this era (1790-1836) “X-patents” not because they’re shrouded in mystery (although they are) but because they predate the numbering system now in use. </p><p>The so-called X-patents had been registered according to the name of the inventor and the date of issue. Only after the 1836 fire, as the Patent Office was reconstructing its collection, did examiners begin numbering the early grants retroactively. To distinguish them from contemporary patents, numbered from one (issued in July 1836) to 11 million (issued in May 2021) and counting, the letter X was affixed. Eli Whitney’s <a href="https://www.archives.gov/global-pages/larger-image.html?i=/historical-docs/doc-content/images/cotton-gin-patent-l.jpg&c=/historical-docs/doc-content/images/cotton-gin-patent.caption.html" target="_blank">patent for the cotton gin</a>, for example, issued in 1794, became 72X, as distinct from <a href="http://pdfpiw.uspto.gov/.piw?Docid=72&idkey=NONE&homeurl=http%3A%252F%252Fpatft.uspto.gov%252Fnetahtml%252FPTO%252Fpatimg.htm" target="_blank">U.S. Patent No. 72</a>, issued in October 1836 to Silas Lamson for an improvement in the construction of scythes. We now refer to all patents from before <a href="http://pdfpiw.uspto.gov/.piw?Docid=00000001&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3DHITOFF%2526p%3D1%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsearch-adv.htm%2526r%3D1%2526f%3DG%2526l%3D50%2526d%3DPALL%2526S1%3D0000001.PN.%2526OS%3DPN%2F0000001%2526RS%3DPN%2F0000001&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page" target="_blank">U.S. Patent No. 1</a> (issued July 13, 1836) as X-patents. </p><p>The fire of 1836 destroyed the specifications and scale models for nearly 10,000 X-patents. The only remaining records were kept by the inventors themselves, in the form of "letters patent,” handwritten precursors to today’s typed and digitized patent grants. </p><p>Standing amid the ashes, Commissioner of Patents <a href="https://www.uspto.gov/about-us/henry-l-ellsworth" target="_blank">Henry L. Ellsworth</a> faced an impossible situation. With the transition to a rigorous examination system, enacted just five months prior to the fire, the Patent Office now relied on the records of past inventions to determine the patentability of future inventions. To keep functioning—to survive—the Patent Office needed those records, and fast. </p><p>The solution became the Patent Office’s first attempt at crowdsourcing its own history. Within a few months, Congress and Commissioner Ellsworth put out a call to patentees for information about their inventions, and based on the mailed-in responses, some 2,800 patents could be reconstructed. But the rest—more than 7,000—were never recovered. </p><p>Chronically overtasked, patent examiners of the later 19th century had little time to look for the Patent Office’s missing documents. In the 20th century, the devastating fire of 1836 and the lost records became a dim, distant memory to all but a few patent history enthusiasts. These volunteers—archivists, librarians, historians, patent examiners, and interested members of the public—have found hundreds of X-patents, and the USPTO has been adding the scans to its Patent Full-Text and Image Database (PatFT) for several years. The work continues to this day, with X-patents now available on the USPTO’s <a href="https://ppubs.uspto.gov/pubwebapp/static/pages/landing.html" target="_blank">Patent Public Search</a> site, too.</p><p>Surviving X-patents are scattered far and wide. Some are at grand repositories like the National Archives and the Smithsonian Institution. Others are at state and local archives, buried amid the papers of inventors, their businesses, or their families. Some X-patents have even turned up in people’s attics and at public auctions. If you happen upon one that isn’t already in the USPTO’s <a href="https://ppubs.uspto.gov/pubwebapp/static/pages/landing.html" target="_blank">Patent Public Search</a>, please notify the USPTO Historian (historian@uspto.gov), and we’ll add it to the database.</p><p>The more X-patents we have digitized, the less vulnerable our history will be to fires like the one in 1836. Equally important, of course, is the accessibility that our databases provide. With an ever-expanding collection of X-patents available online to all visitors to USPTO.gov, we’ll be giving researchers and history buffs all over the world first-hand accounts of what was state of the art in the earliest days of U.S. history and how early Americans first used patents as tools of intellectual property protection.</p>
https://www.uspto.gov/blog/director/entry/modernizing-the-management-of-patent
Modernizing the management of patent applications with Patent Center
USPTO
2022-07-12T05:41:11-04:00
2022-07-12T06:12:51-04:00
<p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i></p><p><img alt="Graphic of Public PAIR retirement" src="https://www.uspto.gov/blogdata/img/PatentCenter682.jpg"></p>As we <a href="https://www.uspto.gov/about-us/news-updates/modern-user-friendly-patent-center-fully-replace-legacy-public-pair-system" target="_blank">recently announced</a>, on August 1, we <a href="https://www.uspto.gov/patents/public-pair-be-retired" target="_blank">will replace</a> the Public Patent Application Information Retrieval (PAIR) tool with the new user-friendly Patent Center. With a unified interface for electronically filing and managing patent applications, Patent Center is yet another step forward in our efforts to modernize USPTO systems and tools.<p></p><p>Patent Center provides independent inventors, registered patent attorneys and agents, and other patent professionals with real-time status information, application documents, and transaction history for pending patent applications.</p><p>If you are a Public PAIR user who is new to Patent Center, you will recognize many of the same features. For example, Patent Center still provides capabilities to access publicly available patent documents as a guest by application, patent, Patent Cooperation Treaty (PCT), publication, and/or international design registration numbers. Users are also able to sort documents and transaction history based on column headings. </p><p>Patent Center also offers improvements that will simplify how you file and manage your patent applications. Those improvements include: </p><p>1. <b>Streamlined accounts in a single interface</b>: Allows you to use existing USPTO.gov accounts from EFS-Web and Private PAIR in a single streamlined interface.</p><p>2. <b>Increased uploading and downloading options</b>: Using the drag and drop interface, you can upload multiple files at once. We’ve also added new options to download patent references, documents in DOCX and XML formats, and bibliographic information in XML format.</p><p>3. <b>Simplified document submissions</b>: You can submit the specification, claims, abstract, and drawings in a single DOCX document without having to manually separate sections.</p><p>4. <b>Clear submission and payment receipts</b>: By separately providing submission and payment receipts, you will be able to separately track the status of submitted documents and successful payments.</p><p>5. <b>Integrated sponsorship management</b>: Allows you to switch between sponsors without signing on and off.</p><p>These are just a few of the benefits Patent Center offers. To help familiarize you with Patent Center, we are hosting <a href="https://www.uspto.gov/about-us/events/patent-center" target="_blank">frequent training sessions</a> which include opportunities to ask detailed questions. The <a href="https://www.uspto.gov/patents/apply/patent-center" target="_blank">Patent Center page of the USPTO website</a> also has information on the latest releases and upcoming features. There, you’ll find a thorough <a href="https://www.uspto.gov/sites/default/files/documents/Patent_Center_User_Guide_Dec.pdf" target="_blank">Patent Center user guide</a> and list of <a href="https://www.uspto.gov/patents/apply/patent-center/patent-center-faqs" target="_blank">Patent Center frequently asked questions</a>. Using the interactive simulations in <a href="https://patentcenter.uspto.gov/#!/?trainingMode=1" target="_blank">Patent Center training mode</a>, you can also safely practice filing DOCX and PDF documents without saving or submitting to USPTO systems.</p><p>Since its launch in 2017, Patent Center has been rigorously user-tested, and we have made many improvements based on public feedback, but we are never done listening. We welcome further feedback on Patent Center functionality by email at emod@uspto.gov and through our <a href="https://uspto-emod.ideascale.com/" target="_blank">Ideascale page</a>. </p><p>For other Patent Center questions, technical assistance, or troubleshooting, please contact the Patent Electronic Business Center (EBC) from 6 a.m. to midnight ET, Monday through Friday, by phone at 866-217-9197, or by email at ebc@uspto.gov.</p>
https://www.uspto.gov/blog/director/entry/the-biden-administration-is-acting
The Biden Administration is acting to promote competition and lower drug prices for all Americans
USPTO
2022-07-06T05:43:15-04:00
2022-07-06T06:34:52-04:00
<p><i>Joint blog by </i><i>Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and</i><i> Robert M. Califf, FDA Commissioner</i></p>
<img src="/sites/default/files/styles/large/public/DrugPricing.jpg" alt="">
<p><br></p><p>President Biden is helping Americans protect and preserve their health and live with the dignity of knowing that they can care for themselves and their loved ones, in part by making the cost of prescription drugs more reasonable. The President has outlined a multipoint plan to increase access and reduce the cost of prescription drugs in his July 2021 <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/07/09/executive-order-on-promoting-competition-in-the-american-economy/" target="_blank">Executive Order on Promoting Competition in the American Economy</a>. Included in that plan was a call for the United States Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA) to leverage our collective expertise in promoting innovation, competition, and the approval and regulation of safe and effective drugs to help provide relief to American families at the pharmacy.</p><p>The Biden Administration, including the USPTO and the FDA, recognizes the important contributions and lifesaving treatments developed by the pharmaceutical industry, a primary force in the discovery and development of drugs and vaccines that have fully or nearly eradicated deadly diseases like smallpox, polio, measles, diphtheria, hepatitis B, and meningitis, and highly effective treatments for various cancers and other chronic diseases. </p><p>That work, and the billions of dollars spent on bench research and clinical trials, is made possible in part through our patent laws. The foundations of these laws were written into the U.S. Constitution by our nation’s founders, and pharmaceutical companies can utilize patents granted for a limited time to recoup and benefit from their investments.</p><p>Our laws also allow for and encourage generic drug manufacturers to enter the market to increase competition and drive down prices. This delicate balance rewards and incentivizes those who do the work to create original lifesaving drugs, as well as those who later enter the market to source and provide access to more affordable alternatives. These laws contribute to the fact that thirteen of the top twenty most innovative and inventive pharmaceutical companies of 2021 are <a href="https://fortune.com/2021/04/16/top-pharmaceutical-companies-innovation-invention-2021/" target="_blank">headquartered in the United States</a>. The U.S. pharmaceutical industry offers enormous benefits to Americans when more medicines and treatment options are available to treat a wide range of diseases.</p><p>But more must be done. As President Biden noted in the Executive Order almost exactly a year ago, while the issuance of robust and reliable patents to incentivize pharmaceutical innovations is critical, our patent system must not be used to unjustifiably delay generic drugs and biosimilar competition beyond that reasonably contemplated by law.</p><p>To further the objectives of this Executive Order, the USPTO and the FDA recently completed an exchange of letters outlining numerous initiatives to execute on the President’s agenda. These initiatives will strengthen our relationship and expand the resources available for assessing patentability and addressing instances of patents being used improperly to delay competition.</p><p>Through these initiatives, the USPTO will protect against the patenting of incremental, obvious changes to existing drugs that do not qualify for patents. This effort can lead to lower drug prices because drug companies will not be able to unjustifiably delay generic competition based on trivial changes to a drug product.</p><p>The USPTO will work to ensure that patent examiners have the time and resources they need to conduct a thorough review of patent applications for pharmaceutical inventions. The FDA will assist the USPTO in providing patent examiners with training on the state of the art in the pharmaceutical and biologics fields, and the USPTO will provide new tools for patent examiners to search enormous and growing global databases of technical information—including publicly available sources maintained by the FDA—to determine whether similar innovations already exist.</p><p>The USPTO and the FDA will further collaborate to develop policies aimed at protecting and promoting U.S. innovation while advancing competition that can lower drug prices for all Americans. We invite the public to participate in this process through upcoming outreach events and listening sessions.</p><p>Our intent is to ensure our government’s innovation system strikes the appropriate balance, encouraging meaningful innovation in drug development while not unduly delaying competition that provides relief from the high cost of medicines.</p><p>For more information on the Biden Administration’s initiative to lower drug prices, please go to the <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/08/12/fact-sheet-president-biden-calls-on-congress-to-lower-prescription-drug-prices/" target="_blank">White House website</a>. For information on the FDA and USPTO planned initiatives please visit the <a href="https://www.uspto.gov/initiatives/drug-pricing-initiatives" target="_blank">USPTO website</a>.</p>
https://www.uspto.gov/blog/director/entry/safeguarding-the-trademark-community-against
Safeguarding the trademark community against fraud with identity verification
USPTO
2022-06-30T06:05:57-04:00
2022-06-30T06:05:57-04:00
<p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and David Gooder, Commissioner for Trademarks at the USPTO</i></p><p><img alt="woman with glasses smiling and looking at an electronic tablet" src="https://www.uspto.gov/blogdata/img/IDverification682.jpg"></p> <p>Trademark Terminal. Trademark Regal. Trademark Falcon.<br></p><p>Most folks in the trademark community know these names and the havoc they’ve wreaked on legitimate filers, scamming some out of tens of thousands of dollars or hijacking identities to file fraudulent submissions to disadvantage competitors. Their unscrupulous business operations are among the primary reasons why, starting August 6, 2022, the USPTO is taking the important and necessary step of requiring all trademark filers to verify their identities as a condition for filing electronic trademark forms. This initiative, which includes options for both paper and automated identification verification, is key to our <a href="https://www.uspto.gov/blog/director/entry/uspto-s-comprehensive-strategy-to" target="_blank">comprehensive strategy</a> to protect our trademark customers and the integrity of our trademark register. </p><p>Initially a voluntary option, our identity verification program started in January 2022 to better serve our legitimate customers and help prevent bad actors from violating our USPTO Rules of Practice and website terms of use. Since 2016, we have seen significant increases in fraudulent trademark filings, as well as in the number of foreign scammers from China, Pakistan, and elsewhere outside the U.S. These scammers fraudulently file improper submissions that include false signatures, false addresses, false claims of use required to obtain and maintain a registration, and false or hijacked U.S. attorney credentials. In fact, in the past seven months alone, the USPTO has sanctioned bad actors responsible for nearly 20,000 invalidly filed applications. </p><p>During the voluntary period, we received thoughtful feedback and suggestions from stakeholders on ways to improve our automated verification process. We listened, and we have updated our original program to include more options and features for trademark filers—both online and by paper. These options include an online program where, after a customer’s identity is verified through the matching of an uploaded selfie and a copy of their government-issued ID (1:1 matching), the selfie is automatically deleted from the system after 24 hours. Further, if a customer does not want to use the automated 1:1 facial matching option, they can verify their identity via a brief video interview with an online representative. The video will be deleted within thirty days of the interview. We are also continuing to offer the paper process for verification. Filers who already have ID verified USPTO.gov accounts for their patent submissions can use their existing accounts for trademark filings as well.</p><p>We believe in customer choice and in tools that are equitable and secure. We are gratified that more than 58,000 trademark filers have already chosen to verify their identities through this program. We will continue to listen and learn from all those who believe in preserving an effective and secure trademark register and want to work with us to protect our trademark community. Further, we will soon be issuing a Federal Register Notice that provides additional clarity and context on the user roles required to verify filers’ identities and help maintain a seamless verification process. We welcome stakeholders to visit our <a href="https://www.uspto.gov/trademarks/apply/identity-verification" target="_blank">ID verification program page</a> to learn more about our program.</p><p>It is our privilege to serve our nation’s trademark community, and it is a privilege we do not take lightly. As we continue to develop our Register Protection program to get ahead of the problem, we will also continue to do everything in our power to thwart those looking to scam our customers. That includes issuing sanctions orders and listing known bad actors on our website. We also support our trademark customers and those seeking to protect their brands by providing more information on our processes and resources through programs like our <a href="https://www.uspto.gov/about-us/events/trademark-basics-boot-camp" target="_blank">Trademark Basics Boot Camp series</a> and in our new <a href="https://www.uspto.gov/sites/default/files/documents/TM-Registration-Toolkit.pdf" target="_blank">Trademark Registration Toolkit</a>. And, of course, by working every day for American business owners. </p>
https://www.uspto.gov/blog/director/entry/celebrating-lgbtq-inventors-and-entrepreneurs
Celebrating LGBTQ+ Inventors and Entrepreneurs
USPTO
2022-06-27T04:44:39-04:00
2022-06-27T08:57:23-04:00
<p><i><a href="https://www.commerce.gov/news/blog/2022/06/pride-month-celebrating-lgbtqia-inventors-and-entrepreneurs" target="_blank">Joint blog</a> by the U.S. Patent and Trademark Office (USPTO) and the <a href="https://eda.gov/" target="_blank">Economic Development Administration</a> (EDA)</i></p><p>This month, the U.S. Department of Commerce is celebrating the LGBTQ+ community and paying tribute to the many LGBTQ+ entrepreneurs and innovators who help fulfill the promise of America for all. Below we share the stories of a few leaders in the community and ways in which our agencies are advancing inclusive innovation for the betterment of society.</p><p><i><img alt="Martine Rothblatt and team with 3D printed lung" src="https://www.uspto.gov/blogdata/img/Rothblatt2682.jpg"></i></p><i>Rothblatt, left, and the team at United Therapeutics’ Organ Manufacturing Group in Manchester, N.H., holding a lung they are able to 3D-print from human collagen fiber grown in genetically modified tobacco plants with the help of Texas A&M University (Photo Courtesy of United Therapeutics).</i><p></p><p>Dr. Martine Rothblatt is an entrepreneur, innovator, lawyer, author, movie producer, and social activist. Faced with daunting challenges throughout her life, Rothblatt learned to push past the idea of the insurmountable. Her long list of accomplishments includes creating and commercializing satellite radio, founding a biotechnology company that seeks to provide an unlimited supply of transplantable organs, setting world records for electric flight, becoming a leading advocate for transgender rights, and delving deep into the future of artificial intelligence (AI) with her work on digital immortality. Rothblatt holds over 80 patents. Learn more in “<a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/field-stories/persistence-omnipotent" target="_blank">Persistence is omnipotent</a>,” the USPTO’s Journeys of Innovation story about Rothblatt.</p><p><i><img alt="Bilenko with Mr. Brainlove invention" src="https://www.uspto.gov/blogdata/img/Bilenko682.jpg"></i></p><i>Bilenko examines a prototype of Dr. Brainlove, an interactive art car modeled on scans of her own brain. (Photo courtesy of Asako Miyakawa)</i><p></p><p>Scientist Natalia Bilenko develops AI tools that are transparent and usable for anyone. An accomplished inventor, she was named on five patents by age 37. At medical device company Caption Health, she works on employing AI to make ultrasound scanners easier to use. The company’s cutting-edge AI-guided scanner was named one of the “100 Best Inventions of 2021” by Time Magazine. The technology is designed to catch heart problems early and could be particularly helpful for people who live in rural areas far away from experienced cardiologists and ultrasound technicians. Bilenko, whose interests extend to the intersection of AI and art, co-created the world's first interactive exhibit to use real-time brain activity, called Cognitive Technologies, for the San Francisco Exploratorium. As a visible role model in the AI community and an organizer of Queer in AI, Bilenko works to ensure the field welcomes ideas and perspectives from all scientists. Learn more in the USPTO’s Journeys of Innovation story on Bilenko, “<a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/field-stories/artificial-intelligence-all" target="_blank">Artificial intelligence for all</a>.”</p><p>The Department of Commerce not only celebrates these entrepreneurs, but also works to support others like them. The USPTO holds a number of <a href="https://www.uspto.gov/initiatives/equity/uspto-events-advance-equity" target="_blank">events that help advance equity in innovation</a>, including this month’s popular Proud in Innovation series, and has launched new resources such as our <a href="https://www.uspto.gov/initiatives/equity" target="_blank">inclusive innovation page</a>. These programs and events inspire and encourage inventors and entrepreneurs from all backgrounds to develop their ideas and seek intellectual property protection for them to help enact real change and improve our world.</p><p>Working with <a href="https://thrivewestcentral.com/" target="_blank">Thrive West Central</a>, the EDA recently capitalized a <a href="https://www.eda.gov/rlf/" target="_blank">Revolving Loan Fund</a> (RLF) that will provide critical gap financing to LGBTQ+ and other minority-owned small businesses. Among its initiatives, the Intentional Outreach Network undertakes dedicated outreach to the LGBTQ+ community to empower, guide, promote, enhance, connect, and grow LGBTQ+ business leaders and entrepreneurs. Prospective borrowers from underserved populations — including the LGBTQ+ community — or those that commit to employing individuals from these communities, will be prioritized for loans.</p><div class="OutlineElement Ltr SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow: visible; cursor: text; clear: both; position: relative; direction: ltr; font-family: "Segoe UI", "Segoe UI Web", Arial, Verdana, sans-serif; font-size: 12px;"><p class="Paragraph SCXW53340695 BCX0" paraid="1121480972" paraeid="{edf14e04-206f-4347-b78b-3c9c28f90c49}{95}" style="margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; white-space: pre-wrap; vertical-align: baseline; font-kerning: none; background-color: transparent; color: windowtext;"><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-variant-ligatures: none !important; font-size: 11pt; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;">Expanding opportunity and creating an economy that works for all Americans is central to the Department of Commerce’s mission and </span><a class="Hyperlink SCXW53340695 BCX0" href="https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.commerce.gov%2Fsites%2Fdefault%2Ffiles%2F2022-03%2FDOC-Strategic-Plan-2022%25E2%2580%25932026.pdf&data=05%7C01%7CJon.Abboud%40USPTO.GOV%7C941bb89b3b77481e1e9d08da53a37b34%7Cff4abfe983b540268b8ffa69a1cad0b8%7C1%7C0%7C637914258891096042%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=SNF0d9QqwawlpZuXJ4%2BiORlHpY0vnLsLrX9SK0wwaa4%3D&reserved=0" target="_blank" rel="noreferrer noopener" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; color: inherit;"><span data-contrast="none" xml:lang="EN-US" lang="EN-US" class="TextRun Underlined SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; color: rgb(5, 99, 193); font-size: 11pt; text-decoration-line: underline; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"><span class="NormalTextRun SCXW53340695 BCX0" data-ccp-charstyle="Hyperlink" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">strategic plan</span></span></a><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-variant-ligatures: none !important; font-size: 11pt; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"><span class="NormalTextRun SCXW53340695 BCX0" data-ccp-parastyle="No Spacing" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">.</span><span class="NormalTextRun SCXW53340695 BCX0" data-ccp-parastyle="No Spacing" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> </span><span class="NormalTextRun SCXW53340695 BCX0" data-ccp-parastyle="No Spacing" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">The Economic and Development Administration and the U.S. Patent and Trademark Office are proud to join all Commerce bureaus in celebrating the LGBTQ+ community and recognizing their significant contributions to our nation’s economy, competitiveness, and growth. </span></span><span class="EOP SCXW53340695 BCX0" data-ccp-props="{"201341983":0,"335559739":0,"335559740":240}" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 11pt; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"> </span></p></div><div class="OutlineElement Ltr SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow: visible; cursor: text; clear: both; position: relative; direction: ltr; font-family: "Segoe UI", "Segoe UI Web", Arial, Verdana, sans-serif; font-size: 12px;"><p class="Paragraph SCXW53340695 BCX0" paraid="1607384170" paraeid="{edf14e04-206f-4347-b78b-3c9c28f90c49}{108}" style="margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; white-space: pre-wrap; vertical-align: baseline; font-kerning: none; background-color: transparent; color: windowtext;"><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-variant-ligatures: none !important; font-size: 11pt; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"> </span><span class="EOP SCXW53340695 BCX0" data-ccp-props="{"201341983":0,"335559739":0,"335559740":240}" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 11pt; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"> </span></p></div><div class="OutlineElement Ltr SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow: visible; cursor: text; clear: both; position: relative; direction: ltr; font-family: "Segoe UI", "Segoe UI Web", Arial, Verdana, sans-serif; font-size: 12px;"><p class="Paragraph SCXW53340695 BCX0" paraid="1015731785" paraeid="{edf14e04-206f-4347-b78b-3c9c28f90c49}{112}" style="margin-bottom: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; overflow-wrap: break-word; white-space: pre-wrap; vertical-align: baseline; font-kerning: none; color: windowtext;"><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW53340695 BCX0" style="background-color: transparent; margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 11pt; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;">Please visit USPTO’s </span><a class="Hyperlink SCXW53340695 BCX0" href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources" target="_blank" rel="noreferrer noopener" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; color: inherit;"><span class="FieldRange SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"><span data-contrast="none" xml:lang="EN-US" lang="EN-US" class="TextRun Underlined SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; color: rgb(5, 99, 193); font-size: 11pt; text-decoration-line: underline; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"><span class="NormalTextRun SCXW53340695 BCX0" data-ccp-charstyle="Hyperlink" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; color: rgb(0, 0, 0);">inventor and entrepreneur resources page</span></span></span></a><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 11pt; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"> to learn more about protecting intellectual property. Additional information about EDA’s Revolving Loan Fund (RLF) program is available </span><a class="Hyperlink SCXW53340695 BCX0" href="https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Feda.gov%2Frlf&data=05%7C01%7CJon.Abboud%40USPTO.GOV%7C941bb89b3b77481e1e9d08da53a37b34%7Cff4abfe983b540268b8ffa69a1cad0b8%7C1%7C0%7C637914258891096042%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=IU5gu%2BqxCtgvxhlDY2Nwi%2F7h1qzfIYAerzk%2FT083BPM%3D&reserved=0" target="_blank" rel="noreferrer noopener" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; color: inherit;"><span class="FieldRange SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"><span data-contrast="none" xml:lang="EN-US" lang="EN-US" class="TextRun Underlined SCXW53340695 BCX0" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; color: rgb(5, 99, 193); font-size: 11pt; text-decoration-line: underline; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"><span class="NormalTextRun SCXW53340695 BCX0" data-ccp-charstyle="Hyperlink" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; color: rgb(0, 0, 0);">at its website</span></span></span></a><span data-contrast="auto" xml:lang="EN-US" lang="EN-US" class="TextRun SCXW53340695 BCX0" style="background-color: transparent; margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 11pt; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif; font-variant-ligatures: none !important;"><span class="NormalTextRun SCXW53340695 BCX0" data-ccp-parastyle="No Spacing" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;">.</span><span class="NormalTextRun SCXW53340695 BCX0" data-ccp-parastyle="No Spacing" style="margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent;"> </span></span><span class="EOP SCXW53340695 BCX0" data-ccp-props="{"201341983":0,"335559739":0,"335559740":240}" style="background-color: transparent; margin: 0px; padding: 0px; user-select: text; -webkit-user-drag: none; -webkit-tap-highlight-color: transparent; font-size: 11pt; line-height: 19px; font-family: Calibri, Calibri_EmbeddedFont, Calibri_MSFontService, sans-serif;"> </span></p></div>
https://www.uspto.gov/blog/director/entry/visit-the-reopened-national-inventors
Visit the reopened National Inventors Hall of Fame Museum
USPTO
2022-06-09T04:19:16-04:00
2022-06-09T04:19:16-04:00
<p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i></p><p><i><img alt="Hardhat exhibit" src="https://www.uspto.gov/blogdata/img/Hardhat682.jpg"></i></p><i>The great-granddaughter of inventor Edward Bullard visits the exhibit dedicated to his invention, the hard hat, at the National Inventors Hall of Fame Museum (Photo courtesy of the National Inventors Hall of Fame)</i><p></p><p>The <a href="http://www.uspto.gov/about-us/uspto-locations/alexandria-va/national-inventors-hall-fame-and-museum" target="_blank">National Inventors Hall of Fame (NIHF) Museum</a> is now open to the public! Located at the USPTO headquarters in Alexandria, Virginia, there is something for everyone inside the storied walls of this tribute to American innovation and ingenuity.</p><p>Whether you’re looking for an exciting weekend activity for the family, or a fun and educational field trip for students, the NIHF Museum’s broad variety of exhibits does not disappoint.</p><p>Upon entering the NIHF Museum (perhaps after a quick stop in the gift shop) you’ll see the “Gallery of Icons.” Search through over 600 NIHF inductees using any keyword, or narrow your search by state, university, military branch, or induction year. The <a href="https://www.invent.org/inductees/new-inductees" target="_blank">2022 class of inductees</a> are easily spotted as they are illuminated in yellow. To be inducted into the National Inventors Hall of Fame, an inventor must hold a U.S. patent, as well as contribute significantly to the nation's welfare and the advancement of science and the useful arts.<p><i><img alt="Ford Mustang" src="https://www.uspto.gov/blogdata/img/mustang682.jpg"></i></p><i>Step inside a one-of-a-kind 1965/2015 Ford Mustang and see how 50 years of technological innovations have changed the way we interact with our cars. (Photo by Jay Premack/USPTO)</i><p></p><p>You can see and feel the evolution of automotive design and technology from behind the wheel of a car that merges Ford Mustang models from 1965 and 2015. Sponsored by Ford Motor Co., this one-of-a-kind, interactive exhibit showcases 50 years of iconic innovation. Or, discover the value of intellectual property when you visit the “Power of Trademarks” exhibit sponsored by the International Trademark Association (INTA). There is no better way to learn what trademark protection means for the brands you know and trust.<p><i><img alt="Lonnie Johnson" src="https://www.uspto.gov/blogdata/img/Johnson682.jpg"></i></p></p><i>Inventor Lonnie Johnson, pictured with an early prototype of the Super Soaker® toy, on display at the NIHF Museum. (Photo courtesy of the National Inventors Hall of Fame)</i><p></p><p>In addition to the classic, long-standing displays, the museum now offers nine fascinating new exhibits that highlight diversity and inclusion in innovation. With a focus on underrepresented communities in science, technology, engineering, and mathematics (STEM), a few of the <a href="https://www.invent.org/museum/exhibits" target="_blank">new exhibits</a> include:</p><p>•<span style="white-space: pre;"> </span><b>“Breaking Barriers: Honoring Extraordinary Black Inventors”</b>: Developed in collaboration with the Black Inventors Hall of Fame, you will be inspired by the fascinating stories of Inductees such as Thomas Jennings, the first known Black inventor to be awarded a U.S. patent.</p><p>•<span style="white-space: pre;"> </span><b>“Women in Innovation”</b>: Featuring powerful interviews with women and girls in STEM, this exhibit, created in partnership with Qualcomm, will captivate you with a historic look at breakthroughs and patents of women inventors who changed our world, such as <a href="https://www.invent.org/inductees/martha-coston" target="_blank">Martha Coston</a>, <a href="https://www.invent.org/inductees/maria-telkes" target="_blank">Maria Telkes</a>, and <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/positively-connected" target="_blank">Marian Croak</a>.</p><p>•<span style="white-space: pre;"> </span><b>The Super Soaker® Prototype Exhibit</b>: A story of perseverance and dedication, learn about 2022 Inductee <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/perseverance-and-prototypes" target="_blank">Lonnie Johnson</a>, who brought his innovative spirit to an unexpected industry when he created one of the world’s bestselling toys.</p><p>•<span style="white-space: pre;"> </span><b>“Invention: The Sky Is the Limit”</b>: Follow the action-packed journey of 2022 Inductee Floyd Smith, inventor of the modern parachute. The exhibit features a replica parachute, on display in the Madison atrium at the USPTO headquarters, and an exhilarating virtual skydive.</p><p><i><img alt="parachute exhibit" src="https://www.uspto.gov/blogdata/img/parachute682.jpg"></i></p><i>The replica parachute installation at the USPTO honors inventor Floyd Smith. (Photo by Jay Premack/USPTO)</i><p></p><p>The National Inventors Hall of Fame Museum brings invention to life, showcasing everything from world-changing high-tech inventions, to sports and automobile innovations, to best-selling products like the Super Soaker® toy. Through world class exhibits, education programs and materials, it shows us how exciting invention, ingenuity, and entrepreneurship are, and how people from all walks of life can truly change the world for the better. Perhaps above all, it reminds us that we are all born with the innate ability to create and innovate – and that, just maybe, we too can apply that ability to make the world a little bit better for everyone.</p><p>The NIHF Museum is open Monday through Friday from 10 a.m. to 5 p.m. ET, and from 11 a.m. to 3 p.m. ET on the first Saturday of the month. Access to the museum is free, and no appointments or tickets are required. If you can’t make it to the museum in person, NIHF offers virtual tours on the <a href="https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flnks.gd%2Fl%2FeyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjA1MDkuNTc2MTU4NzEiLCJ1cmwiOiJodHRwczovL3d3dy5pbnZlbnQub3JnL211c2V1bS9leGhpYml0cz91dG1fY2FtcGFpZ249c3Vic2NyaXB0aW9uY2VudGVyJnV0bV9jb250ZW50PSZ1dG1fbWVkaXVtPWVtYWlsJnV0bV9uYW1lPSZ1dG1fc291cmNlPWdvdmRlbGl2ZXJ5JnV0bV90ZXJtPSJ9.GSZ5sMjztsYKWDFgkrGkgEbZcJzR92JoWv_vxrqy27I%2Fs%2F956207126%2Fbr%2F131012754264-l&data=05%7C01%7Cmandy.kraft%40uspto.gov%7C789b8d03b388444e1c5208da31c65e24%7Cff4abfe983b540268b8ffa69a1cad0b8%7C1%7C0%7C637877025291364191%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=z1UOneCExQ9gLwFNIvd6pJ%2BU0p97xEueZpC%2FLTv3PQU%3D&reserved=0" target="_blank">museum’s website</a>. The museum gift shop offers souvenirs, books, toys, and USPTO-branded apparel and drinkware.</p><p><i></i></p><p><i><img alt="Camp Invention" src="https://www.uspto.gov/blogdata/img/campinvention682.jpg"></i></p><i>Students explore erupting ice volcanos as part of the 2022 Camp Invention activities. (Photo courtesy of the National Inventors Hall of Fame)</i><p></p><p>And don’t worry, the fun and learning doesn’t stop at the museum! Throughout the year, NIHF offers various programs, tools, and opportunities for students of all ages. As we enter the summer season, <a href="https://www.invent.org/programs/camp-invention" target="_blank">Camp Invention</a> is kicking off. Open to students entering grades K-6, this STEM summer camp offers hands-on creative activities designed to inspire students. Throughout the summer, over 2,500 camp programs run nationwide in schools, community centers, and other local facilities. You can even participate with an <a href="https://www.invent.org/camp-invention-connect" target="_blank">at-home camp experience</a>, delivered directly to your doorstep.</p><p>In partnership with the USPTO, the <a href="https://www.invent.org/" target="_blank">National Inventors Hall of Fame</a> has inspired 2.7 million children, educators, college students, and inventors since 1990, and 264,000 in 2021 alone. NIHF was established in 1973 to honor U.S. patent holders whose inventions created new industries that employ millions of people and helped to stimulate economic growth for our nation and beyond. For any questions about the USPTO’s partnership with NIHF, or to organize a tour or group visit to the museum please contact museum@invent.org.</p><p>Hope to see you at the museum!</p>
https://www.uspto.gov/blog/director/entry/ptab-pro-bono-program-helping
PTAB Pro Bono Program: Helping inventors obtain legal counsel for PTAB proceedings
USPTO
2022-06-07T07:27:30-04:00
2022-06-07T07:39:33-04:00
<p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i><i><img alt="PTAB proceedings" src="https://www.uspto.gov/blogdata/img/PTABsidebyside682.jpg"></i></p><i>PTAB proceedings at the USPTO (Photos by Jay Premack/USPTO)</i><p></p><p>As Director of America’s innovation agency, I am committed to ensuring that our intellectual property system remains the dynamic engine of economic growth and national prosperity the framers of our Constitution envisioned. We fully recognize that navigating the patent system can be difficult at times, including proceedings before the Patent Trial and Appeal Board (PTAB). Which is why I’m pleased to announce that we are now accepting applications from qualified inventors for free legal assistance in ex parte appeal proceedings through the <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/patent-trial-and-appeal-board-pro-bono-program-independent" target="_blank">PTAB Pro Bono Program</a>.</p><p>The very definition of pro bono is “for the public good,” and the success of any pro bono program depends on volunteers with a strong, principled commitment to helping others. If you have ex parte appeal experience before the PTAB and a willingness to “pay it forward” by sharing that experience, the <a href="https://www.ptabbar.org/" target="_blank">PTAB Bar Association</a> could use your help. To get involved, you simply need to complete a short <a href="https://ptabbar.org/information_for_patent_practit.php" target="_blank">volunteer application</a>.</p><p>As we noted in our previous <a href="https://www.uspto.gov/about-us/news-updates/uspto-launches-ptab-pro-bono-program" target="_blank">announcement about the program</a>, the PTAB Bar Association serves as the national clearinghouse for the PTAB Pro Bono Program. Initially, they will work to match a limited number of qualified inventors seeking ex parte appeal assistance with volunteer practitioners. In the future, we plan to expand the program to match inventors seeking America Invents Act (AIA) trial assistance with volunteer practitioners.</p><p>To be eligible for pro bono assistance, independent inventors must meet certain requirements. In general, they must demonstrate that they: </p><p>1.<span style="white-space:pre"> </span>live in the United States; </p><p>2.<span style="white-space:pre"> </span>have a gross household income less than three times the <a href="https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines" target="_blank">federal poverty guidelines</a>; </p><p>3.<span style="white-space:pre"> </span>established <a href="https://www.uspto.gov/patents/laws/micro-entity-status" target="_blank">micro entity status</a> in the application subject to appeal; </p><p>4.<span style="white-space:pre"> </span>applied within one month from the date of the Office Action in which claims have been twice or finally rejected; and</p><p>5.<span style="white-space:pre"> </span>viewed the <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/patent-trial-and-appeal-board-pro-bono-program-independent" target="_blank">required training</a> about the PTAB Pro Bono Program and the ex parte appeal process.</p><p>If you are an inventor and meet these requirements, you can apply for pro bono assistance by completing our brief <a href="https://mms.ptabbar.org/members/legal/legal_intake.php" target="_blank">inventor application</a>. The availability of pro bono representation depends on a number of factors, including the availability of volunteer practitioners to handle pro bono matters, so we ask for your patience as we get this program off the ground and fully active in service of our nation’s innovation community.</p><p>We are excited to work with the PTAB Bar Association to increase the availability of free legal assistance to inventors. Check out the <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/patent-trial-and-appeal-board-pro-bono-program-independent" target="_blank">PTAB Pro Bono Program webpage</a> for more information. Your feedback about the program is important, and we welcome any comments or suggestions to ptabprobono@uspto.gov. I'll also be talking more about the PTAB Pro Bono Program at an upcoming <a href="https://www.uspto.gov/about-us/events/learn-about-pro-bono-programs-available-uspto" target="_blank">PTAB Boardside Chat webinar</a>, this Thursday, June 9 from noon to 1 p.m. ET. </p><p>Additionally, we appreciate your help spreading the word about this new program to help inventors obtain legal counsel for PTAB proceedings. We encourage you to share this program far and wide – we are invested in its success to bring more innovation to impact for all those with dreams of innovation. It’s our job to help make those dreams a reality.</p>
https://www.uspto.gov/blog/director/entry/incentivizing-and-protecting-innovation-in
Incentivizing and protecting innovation in artificial intelligence and emerging technologies
USPTO
2022-06-06T06:04:06-04:00
2022-06-06T06:04:06-04:00
<p><i><b>AI and Emerging Technologies Partnership: Join upcoming discussions on maximizing innovation’s widespread impact</b></i></p><p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i></p><p><img alt="artificial intelligence graphic" src="https://www.uspto.gov/blogdata/img/AIfeature682.jpg"></p><a href="https://www.uspto.gov/initiatives/artificial-intelligence" target="_blank">Artificial Intelligence</a> (AI) is a transformative technology that impacts our economy and society in exciting ways, including some that have the potential to dramatically affect our day-to-day lives and provide benefits to our social wellbeing, such as using AI to help discover breakthroughs in healthcare and tackle climate change. The USPTO plays an important role in incentivizing innovation in critical technologies such as AI and other emerging technologies (ET) (e.g., quantum computing, synthetic biology, blockchain, precision medicine, and virtual reality), and maximizing these innovations’ widespread impact to enhance our country’s competitiveness, economic prosperity, and national security, and to solve world problems.<p></p><p>In recent years, we have actively engaged with our stakeholders on AI and ET, and have had the chance to discuss the importance of intellectual property (IP) rights as an incentive to foster innovation in these critical areas. We have published several reports on AI, gathered feedback through requests for comments, and held several events focused on AI and ET. Our work aligns with and supports the mission of the <a href="https://www.ai.gov/" target="_blank">National AI Initiative</a> to ensure continued U.S. leadership in AI research and development, and addresses some of the recommendations from the <a href="https://www.nscai.gov/2021-final-report/" target="_blank">Final National Security Commission on Artificial Intelligence (NSCAI) Report to Congress</a>.</p><p>To build on these efforts, the USPTO is forming a partnership (AI/ET Partnership) with the AI and ET communities, including, for example, academia, independent inventors, small businesses, industry, other government agencies, nonprofits, and civil society. The AI/ET Partnership will provide an opportunity to bring these stakeholders together to share perspectives, experiences, and insights, and foster opportunities to collaborate on the intersection of intellectual property and AI and ET. Through our AI/ET Partnership, we will continue to gather useful input from the AI and ET innovation communities.</p><p>That is why, as we recently announced in our <a href="https://www.federalregister.gov/public-inspection/2022-12139/meetings-artificial-intelligence-and-emerging-technologies-partnership" target="_blank">Federal Register notice</a>, we will be holding an upcoming series of AI/ET Partnership stakeholder meetings. These public meetings will highlight our AI and ET-related initiatives and will explore various IP policy issues impacted by AI and ET. These meetings will also include discussions on how AI and ET are being leveraged within the USPTO to serve our stakeholders, while fostering public trust by promoting trustworthy and responsible use of these technologies.</p><p>In the <a href="https://www.uspto.gov/about-us/events/aiet-partnership-series-1-kickoff-uspto-aiet-activities-and-patent-policy" target="_blank">inaugural meeting on June 29</a>, we will have panel discussions on important patent policy issues such as subject matter eligibility, disclosure requirements of AI inventions, and the implications of AI’s increasing role in the inventive process in some fields. We will also discuss the effectiveness of current patent laws and USPTO guidelines that incentivize innovation and investment, and ways in which the patent system could evolve to encourage and protect AI and ET inventions. Speakers will explore data from patent filings and how they inform innovation trends in these critical technology areas.</p><p>The purpose of these meetings is to hear from the innovation community and to promote greater awareness, openness, and inclusivity on our ongoing and future AI and ET efforts. Our takeaways will shape our future work on AI and ET policy and will inform the broader U.S. government’s approach to AI and ET.</p><p>Whether you are an independent inventor, small business, or in academia, industry, federal agency, or at a nonprofit, we want to hear your views. We hope you can join us at an upcoming AI/ET Partnership meeting or watch the recordings, which will be available on our <a href="https://www.uspto.gov/initiatives/artificial-intelligence/ai-and-emerging-technology-partnership-engagement-and-events" target="_blank">AI/ET Partnership webpage</a>. We welcome your feedback at any time and encourage you to email any questions or ideas of topics for discussion at future meetings to aipartnership@uspto.gov.</p>
https://www.uspto.gov/blog/director/entry/doing-our-part-to-mitigate
Doing our part to mitigate climate change: fast-tracking green innovations
USPTO
2022-06-03T09:44:11-04:00
2022-06-08T04:21:24-04:00
<p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i></p><p><img alt="Globe" src="https://www.uspto.gov/blogdata/img/Globe682.jpg"></p>In January, our colleagues at the National Oceanic and Atmospheric Administration, a sister bureau within the Department of Commerce, <a href="https://www.noaa.gov/news/us-saw-its-4th-warmest-year-on-record-fueled-by-record-warm-december" target="_blank">reported</a> that 2021 was the fourth warmest year on record for the United States, with 20 separate climate and weather-related disasters costing over $1 billion each in the U.S. alone. From floods and fires, to extreme heat, to severe winter storms, these events resulted in the deaths of 688 people and had serious economic consequences for the regions affected.<p></p><p>Inventors and entrepreneurs are answering the call to address the climate crisis. Our patent technology center that focuses on new innovations aimed at reducing greenhouse gas emissions technologies last year received 40,000 patent applications, down slightly from the previous year, likely due to the pandemic, but still comprising almost 7% of yearly patent applications across all fields of technology.</p><p>It’s essential to protect these transformative energy innovations with intellectual property (IP). Innovation is a primary driver of the U.S. economy, and IP is the bridge between an idea and bringing that innovation to market. As we stated in on our recent <a href="https://www.uspto.gov/ip-policy/economic-research/intellectual-property-and-us-economy" target="_blank">IP and the U.S. economy report</a>, industries based on innovation and the protection of intellectual property generate almost $8 trillion ($7.8 trillion) in GDP, and account for 44% of all U.S. jobs. Workers in patent-intensive industries earn almost $1,900 per week. That is 97% higher than the average weekly wage of workers in non-IP intensive industries.</p><p>We also know that startup companies that have a patent are far more likely to be successful in raising funding than those that have not secured intellectual property protection. Consider the following: </p><p>•<span style="white-space: pre;"> </span>When used as collateral, a patent increases venture capital funding by 76% over three years, and increases funding from an initial public offering by 128%. </p><p>•<span style="white-space: pre;"> </span>The approval of a startup’s first patent application increases its employee growth by 36% over the next five years.</p><p>•<span style="white-space: pre;"> </span>After five years, a new company with a patent increase its sales by a cumulative 80% more than companies that do not have a patent. <sup>1</sup></p><p>At the USPTO, we are committed to encouraging and incentivizing innovation in clean and green energy technologies to combat the climate crisis. Recently, I had the chance to <a href="https://www.uspto.gov/about-us/news-updates/remarks-uspto-director-kathi-vidal-arpa-e-energy-innovation-summit" target="_blank">discuss this topic</a> with Dr. Suresh Sunderrajan, Associate Laboratory Director for Advanced Energy Technologies at Argonne National Laboratory, at the Department of Energy’s Advanced Research Projects Agency-Energy (ARPA-E) Innovation Summit. During our discussion, Dr. Sunderrajan and I reinforced the goal for all of us to work together – from government, to academia, to the private sector – to advance clean energy innovations and bring these transformative technologies to the market. The protection of intellectual property plays a key role in that process.</p><p>That is why I am pleased that we <a href="https://www.uspto.gov/about-us/news-updates/uspto-announces-launch-climate-change-mitigation-pilot-program" target="_blank">just announced</a> our <a href="https://www.uspto.gov/patents/laws/patent-related-notices/climate-change-mitigation-pilot-program?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=" target="_blank">Climate Change Mitigation Pilot Program</a>, a brand new program which will fast track the examination of certain patent applications for innovations that reduce greenhouse gas emissions. Applications involving technologies that mitigate climate change will be advanced out of turn (granted special status) until first action on the merits by a patent examiner, if the applications meet all program conditions. To participate, an applicant must complete a <a href="https://www.uspto.gov/sites/default/files/documents/sb0457.pdf" target="_blank">petition form</a> with the USPTO and upload it in Patent Center. Learn more about what applications qualify for the program and how to apply on the Climate <a href="https://www.uspto.gov/patents/laws/patent-related-notices/climate-change-mitigation-pilot-program#:~:text=The%20Climate%20Change%20Mitigation%20Pilot,that%20reduce%20greenhouse%20gas%20emissions." target="_blank">Change Mitigation Pilot Program page</a> of the USPTO website.</p><p>During the coming year, we will accept up to 1,000 qualifying applications into this pilot program without requiring applicants to pay the petition fees or satisfy the typical requirements of the existing accelerated examination program (e.g., the requirement for an examination support document).</p><p>The human, financial, and ecological toll of climate disasters is significant and growing. This new program is just one way in which we are working to incentivize and expedite clean energy technologies that will help reduce greenhouse gas emissions and mitigating the effects of climate change. We welcome your thoughts on this program and encourage you to submit comments on our <a href="https://www.federalregister.gov/documents/2022/06/03/2022-11930/climate-change-mitigation-pilot-program" target="_blank">federal register notice</a>. Contact us at PatentsClimateChangePilot@uspto.gov with any feedback or questions.</p><p><sup>1</sup>2016 National Bureau of Economic Research Working Paper No. w21959, “<a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2729060" target="_blank">The Bright Side of Patents</a>,” and 2019 update to the study “<a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2704028" target="_blank">What is a Patent Worth</a>? Evidence from the U.S. Patent ‘Lottery’, Journal of Finance, USPTO Economic Working Paper 2015-5</p>
https://www.uspto.gov/blog/director/entry/celebrating-asian-american-and-native
Celebrating Asian American and Native Hawaiian/Pacific Islander inventors and entrepreneurs
USPTO
2022-05-27T04:25:13-04:00
2022-05-27T04:25:13-04:00
<p><em>Joint <a href="https://www.commerce.gov/news/blog/2022/05/celebrating-asian-american-and-native-hawaiian/pacific-islander-inventors-and" target="_blank">blog</a> by the U.S. Patent and Trademark Office and the Economic Development Administration<img alt="Department of Commerce AANHPI graphic" src="https://www.uspto.gov/blogdata/img/DOCAANHPI682.jpg"></em></p>This month, the U.S. Department of Commerce is celebrating Americans from Asian American and Native Hawaiian/Pacific Islander (AANHPI) communities. The Department pays tribute to the numerous AANHPI entrepreneurs and innovators helping fulfill the promise of America for all. Here are three of their stories.<p></p><p><strong>Innovating to fight Ebola</strong></p><p><img alt="Kinnos" src="https://www.uspto.gov/blogdata/img/Kinnos682.jpg"></p>In 2014, three undergraduate students at Columbia University co-founded <a href="https://urldefense.com/v3/__https:/kinnos.com/__;!!FiG2giev53vN!_LCMssYgs6n1zYGxXKl8_rHgBNAbK_eym7shljP1ZHJBoZYQXaSy1rkoXzRQYeBo3AnMZz9cUAsfeSEOZzv99IDkoQ$" target="_blank">Kinnos Inc</a>. after learning that human error when disinfecting surfaces was a major cause of infections in the West Africa Ebola outbreak. The company’s flagship product, Highlight®, is a patented color additive that temporarily colors disinfectants made with bleach so that users can confirm they’ve properly treated a contaminated surface.<p></p><p>The Kinnos team has been recognized by Harvard Innovation Labs, Forbes 30 Under 30, Newsweek’s Best Infection Prevention Products, the USPTO's <a href="https://urldefense.com/v3/__https:/www.uspto.gov/about-us/news-updates/uspto-announces-2018-patents-humanity-winners__;!!FiG2giev53vN!_LCMssYgs6n1zYGxXKl8_rHgBNAbK_eym7shljP1ZHJBoZYQXaSy1rkoXzRQYeBo3AnMZz9cUAsfeSEOZzu_UI93LA$" target="_blank">Patents for Humanity Award</a>, and the World Health Organization. The Highlight® additive is now used internationally by hospitals, first responders, and transit agencies. Learn more about Kinnos in <a href="https://urldefense.com/v3/__https:/www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/innovating-fight-ebola__;!!FiG2giev53vN!_LCMssYgs6n1zYGxXKl8_rHgBNAbK_eym7shljP1ZHJBoZYQXaSy1rkoXzRQYeBo3AnMZz9cUAsfeSEOZzvzKy9L5w$" target="_blank">an interview</a> with its three founders, published by the USPTO in April 2021 as part of its “Journeys of Innovation” series.</p><p><strong>Keeping Innovation Fresh</strong></p><p><p><img alt="Kavita Shukla" src="https://www.uspto.gov/blogdata/img/Shukla682.jpg"></p>While visiting her grandmother in India as a 12-year-old, Kavita Shukla drank water believed to be contaminated. Because of her grandmother's quick homemade remedy, she didn't get sick. By studying the remedy and experimenting on her own, Shukla determined why the remedy worked and how to replicate and advance its effects. She now uses this knowledge to prevent food spoilage and alleviate hunger around the world. She is the founder and CEO of The <a href="https://urldefense.com/v3/__https:/www.freshglow.co/__;!!FiG2giev53vN!_LCMssYgs6n1zYGxXKl8_rHgBNAbK_eym7shljP1ZHJBoZYQXaSy1rkoXzRQYeBo3AnMZz9cUAsfeSEOZzu_-YV7Dw$" target="_blank">FRESHGLOW Co.</a> and the inventor of FreshPaper sheets that are infused with botanicals that keep produce fresh for longer periods of time. Her story of simple beginnings, innovation, and empowerment was the subject of a short film, “<a href="https://www.youtube.com/watch?v=CGl3kZQMr3U&t=4s" target="_blank">Inspired</a>,” by director Bryce Dallas Howard.<p></p><p>Shukla holds four U.S. patents and was a recipient of the Index Project’s 2013 Design to Improve Life Award, the world’s largest prize for design. Her product is used by farmers and families globally, and her company has partnered with retailers such as Whole Foods and Walmart. She has been featured in The New York Times, The Washington Post, Vogue, Oprah Magazine, Glamour, The Today Show, and CNN, and has been named to the Forbes 30 Under 30 list and TIME Magazine’s 5 Most Innovative Women in Food. Learn more about Kavita Shukla in <a href="https://urldefense.com/v3/__https:/www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/keeping-innovation-fresh__;!!FiG2giev53vN!_LCMssYgs6n1zYGxXKl8_rHgBNAbK_eym7shljP1ZHJBoZYQXaSy1rkoXzRQYeBo3AnMZz9cUAsfeSEOZztILuKQwQ$" target="_blank">an interview with her</a>, published by the USPTO in July 2021 as part of its “Journeys of Innovation” series.</p><p><strong>Forging the Future of Digital Agriculture</strong><br></p><p><p><strong><img alt="Johnny Park" src="https://www.uspto.gov/blogdata/img/JohnnyParkEDA3.jpg"></strong></p><p>When the <a href="https://whin.org/" target="_blank">Wabash Heartland Innovation Network</a> (WHIN) launched in late 2017 to develop north-central Indiana into a global epicenter for digital agriculture and the Internet of Things (IoT), it turned to Dr. Johnny Park for leadership. Since 2018, Park has served as CEO of WHIN and its pacesetting efforts in a 10-county area of the Hoosier state.</p><p>Park joined WHIN from Spensa, a successful IoT agtech startup he founded. Named by Forbes as one of the <a href="https://www.forbes.com/sites/maggiemcgrath/2017/06/28/the-25-most-innovative-ag-tech-startups/?sh=51d966694883" target="_blank">Top 25 Most Innovative Ag-Tech Startups of 2017</a>, Spensa used IoT devices and data analytics to help growers better manage agronomic pests such as insects, weeds, and disease. His early career was spent on the engineering faculty of his alma mater, Purdue University, and he also served on the Advisory Council on Agriculture, Small Business and Labor of the Federal Reserve Bank of Chicago.</p><p>Recently, under Park’s leadership, the Department of Commerce’s Economic Development Administration (EDA) awarded WHIN a $1.7 million grant to expand broadband connectivity in rural Indiana. This initiative is expected to create or retain more than 200 jobs and generate more than $10 million in private investment.</p><p>Bureaus across the Department of Commerce, including the USPTO and EDA, are committed to the success of all innovators, entrepreneurs, and minority-owned businesses, which are so critical to American competitiveness and driving economic growth. Visit the USPTO’s <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources" target="_blank">inventor and entrepreneur resources page</a> to learn more about protecting your intellectual property. Read additional <a href="https://eda.gov/success-stories/" target="_blank">success stories</a> from EDA grantees.</p>
https://www.uspto.gov/blog/director/entry/just-getting-started
Just getting started
USPTO
2022-05-24T10:35:27-04:00
2022-05-25T09:05:13-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><em><em><img alt="Director Vidal meets with the World Intellectual Property Organization" src="https://www.uspto.gov/blogdata/img/WIPDmeeting682.jpg"></em></em></p><em>On World IP Day on April 26, Director Vidal met with representatives from the World Intellectual Property Organization, including Director General Daren Tang and Deputy Director Lisa Jorgenson (Photo by Patrick Barcia/USPTO)</em><p></p><p>Since I was <a href="https://www.uspto.gov/about-us/news-updates/uspto-welcomes-new-director-kathi-vidal" target="_blank">sworn in</a> a little over a month ago, we at USPTO have hit the ground running. I wanted to share an update with you. </p><p><strong></strong></p><p><strong><img alt="Graphic showing USPTO's mission and vision" src="https://www.uspto.gov/blogdata/img/Mission682.jpg"></strong></p><strong>Defining mission and vision</strong> <p></p><p>Our intellectual property system is the engine that propels our economy. Our nation’s founders created this system to drive economic growth and foster a higher standard of living for all. Now more than ever, we need that growth and equity, and we need an intellectual property ecosystem that will cultivate an innovation mindset and be a catalyst for inclusive innovation, economic prosperity, U.S. competitiveness, national security, and world problem-solving. We need to incentivize and protect more innovation, especially in key technology areas, and bring that innovation to impact.</p><p>While we work collaboratively with those within the USPTO, which comprises over one quarter of the U.S. Department of Commerce’s workforce, the Patent and Trademark Public Advisory Committees, sister agencies and stakeholders to develop the intellectual property roadmap to help propel our country forward, we are operating under a new, interim vision and mission. Our next step will be to roll out high level interim objectives for internal and public feedback.</p><p><strong>Interim until final</strong></p><p>We plan to accelerate change and communications by adopting interim processes and procedures while we work to finalize. As we do that, we encourage your feedback at every stage. We will provide mechanisms for input on the interim processes, and we will use those to adapt as necessary and shape our next steps. There will also be the formal mechanisms for providing input as we issue Requests for Comments and/or proceed through the rulemaking process. </p><p><strong>Interim Director review</strong></p><p>To advance our goal of promoting innovation through consistent and open decision-making and the issuance and maintenance of strong patents, we updated our <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/interim-process-director-review" target="_blank">interim Director review process</a> for reviewing Patent Trial and Appeal Board (PTAB) final written decisions in inter partes review and post-grant review proceedings. I look forward to issuing a request for comments and formalizing the Director review process.</p><p><strong>Providing 21st century service</strong></p><p>Along with our Acting Commissioner for Patents Andrew Faile and our Chief Information Officer Jamie Holcombe, I <a href="https://www.uspto.gov/blog/director/entry/you-spoke-we-listened-easing" target="_blank">wrote about</a> our latest efforts to make it easier for patent applicants to file their applications in the DOCX format. Last year, the USPTO <a href="https://www.uspto.gov/blog/director/entry/modernizing-patent-filing-with-docx" target="_blank">announced</a> the requirement for applicants to transition to the DOCX file format and stressed the benefits of doing so. Some were concerned there might be potential rendering issues if applications contained complex drawings or formulas. Our recent blog post announced an interim option for applicants to file both in DOCX and with a backup PDF file to help promote confidence in the DOCX format. </p><p>We also announced that <a href="https://www.uspto.gov/trademarks/laws/electronic-registration" target="_blank">we will begin issuing electronic registration certificates</a> and announced a <a href="https://www.uspto.gov/subscription-center/2022/uspto-announces-proposed-rule-require-electronic-filing-patent-term" target="_blank">proposed rule</a> to require electronic filing of patent term extension applications. </p><p><strong>Improving our processes</strong></p><p>We announced that the Trademark Trial and Appeal Board (TTAB) is considering implementing a <a href="https://www.uspto.gov/trademarks/trademark-trial-and-appeal-board/final-pretrial-conference-pilot" target="_blank">pilot program</a> for holding Final Pretrial Conferences in certain inter partes (trial) cases to better manage and streamline opposition and cancellation proceedings that proceed to trial. The goal of the pilot is to save time and resources of parties and the TTAB, and to foster the effective and efficient presentation of evidence. We are encouraging stakeholders to provide feedback on the contours of the pilot by emailing <a href="mailto:TTABFeedback@uspto.gov">TTABFeedback@uspto.gov</a>.</p><p><strong>Out in the legal community</strong> </p><p>I <a href="https://www.uspto.gov/about-us/news-updates/remarks-director-vidal-fordham-ip-conference" target="_blank">spoke</a> at the Fordham IP Institute about my focus on creating economic prosperity through an intellectual property (IP) system that:</p><p>• Fosters, incentivizes, and protects innovation <br>• Is fair, accessible, and transparent to all <br>• Creates incentives and generates more innovation, especially in underserved communities and in key technology areas–and maximizes that innovation’s widespread impact</p><p><strong>Rethinking design protection</strong></p><p>We <a href="https://www.uspto.gov/blog/director/entry/protecting-design-innovations-in-new" target="_blank">announced</a> the publication of our “Summary of public views on the article of manufacture requirement of 35 U.S.C. § 171.” The paper summarizes the responses we received about whether the USPTO’s interpretation of the “article of manufacture” requirement for design patents should be reevaluated to incentivize and protect design innovation in new and emerging technologies, including projections, holographic imagery, and virtual and augmented reality. I highlighted this timely new report and the importance of design protection (We saw an 82% increase in design patent applications from 2009-2019!) in my remarks at the USPTO’s Design Day, the design patent community’s largest annual gathering. Given the rise and importance of designs and the different treatment of design protection across the globe, it is one of the areas at the top of our list to consider.</p><p><strong>Harmonization</strong></p><p>We issued a <a href="https://www.uspto.gov/subscription-center/2021/uspto-issues-notice-proposed-rulemaking-implement-wipo-standard-st26" target="_blank">notice of proposed rulemaking</a> to revise the rules of practice for submitting biological sequence data associated with disclosures of nucleotide and amino acid sequences in patent applications by incorporating by reference the provisions of Standard ST.26 into the USPTO rules. In addition to simplifying the process for applicants filing in multiple countries, a requirement to submit a single sequence listing in eXtensible Mark-up Language (XML) format will result in better preservation, accessibility, and sorting of the submitted sequence data for the public. </p><p><em></em></p><p><em><img alt="Director Vidal visits Cora Kelly Elementary" src="https://www.uspto.gov/blogdata/img/CoraKelly682.jpg"></em></p><em>Director Vidal participated in an “invention challenge” with second-grade students at Cora Kelly Elementary School for Math, Science, and Technology in Alexandria, Virginia, in celebration of World IP Day on April 26. (Photo by Jay Premack/USPTO)</em><p></p><p><strong>Incentivizing inclusive innovation</strong></p><p>On April 26, the USPTO celebrated <a href="https://www.uspto.gov/about-us/events/world-ip-day" target="_blank">World IP Day</a>, which focused on the theme “IP for a Better Future: Young Innovators.” I <a href="https://twitter.com/uspto/status/1519396249434157056" target="_blank">began the day</a> by meeting with second-grade students at Cora Kelly Elementary School in Alexandria to discuss their own invention ideas, as part of our commitment to reach great minds at every age. A representative of the Department of Education joined us and started a discussion on how we can introduce more innovation education at the K-12 levels. I then joined Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office; and Daren Tang, Director General of the World Intellectual Property Organization, at the <a href="https://www.uspto.gov/about-us/events/world-intellectual-property-day-2022" target="_blank">USPTO’s World IP Day celebration</a> to discuss how we can use our IP ecosystem to help innovative, energetic, and creative minds drive positive change. Later that afternoon, I spoke at the Licensing Executive Society International’s World IP Day event, preceding a panel of past USPTO Directors, and I concluded the day by speaking at the USPTO’s monthly event for K-12 educators that featured an engaging discussion on IP among USPTO interns in our work-based learning program through the Urban Alliance. </p><p><em></em></p><p><em><img alt="Photos from the 2022 National Inventors Hall of Fame ceremony" src="https://www.uspto.gov/blogdata/img/NIHFcollage682.jpg"></em></p><em>On May 5, the USPTO recognized the 27 visionary inventors who were inducted into the National Inventors Hall of Fame. (Photos by Jay Premack/USPTO)</em><p></p><p>On May 5, I had the honor of recognizing the achievements of the 2022 class of National Inventors Hall of Fame (NIHF) inductees. These 27 incredible inventors hold a collective 1,772 patents and counting, and represent fields and backgrounds from communication technology to health and medicine, agriculture, and workplace safety.</p><p>Notably, for the first time ever, two Black women were inducted into NIHF: Dr. Marian Croak, for the development of Voice over Internet Protocol (VoIP), which allows us to make calls directly from our computers or other WiFi-connected devices; and Dr. Patricia Bath (posthumous), for inventing laserphaco technology, which has improved the lives of millions of people suffering from vision problems by removing cataracts (Dr. Bath is also the subject of the USPTO’s <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/historical-stories/sights-prize" target="_blank">May Journeys of Innovation story</a>). It was an honor to celebrate these trailblazing problem-solvers who inspire others through their persistence and brilliance. I encourage you to <a href="https://www.invent.org/blog/behind-nihf-scenes/2022-inductees" target="_blank">learn more about their accomplishments</a>.</p><p><strong>Curbing intellectual property violations</strong></p><p>I <a href="https://www.uspto.gov/about-us/news-updates/remarks-uspto-director-kathi-vidal-inta-convention" target="_blank">spoke</a> to our trademark community at this year’s International Trademark Association’s annual conference in Washington, D.C., where I discussed our robust efforts to fight trademark fraud. I explained how we are addressing our inventory of unexamined applications and highlighted our “Go For Real” anti-counterfeiting campaign with the National Crime Prevention Council. </p><p><img alt="Director Vidal at the INTA annual meeting" src="https://www.uspto.gov/blogdata/img/INTA682.jpg"></p><em>Director Vidal shared her vision on curbing counterfeiting and expanding access to the innovation ecosystem at the International Trademark Association’s annual conference on May 4. (Photo by Jay Premack/USPTO)</em><p></p><p><strong>Bringing innovation to impact for the under resourced</strong></p><p>I was excited to recognize the <a href="https://www.uspto.gov/about-us/news-updates/record-number-practitioners-and-law-firms-helped-under-resourced-inventors" target="_blank">record number of patent practitioners and law firms</a> that volunteered significant time to provide pro bono assistance to under-resourced inventors and small businesses through our Patent Pro Bono Program and the 21 regional programs that support it. In calling for broader participation in these programs by more practitioners and law firms, I noted that the work of those we recognized will make a real impact for our country, and we need to scale our programs and assistance. This is the key to unlocking U.S. competitiveness, creating jobs and economic prosperity, and fostering national security. For more information on participating in the program, visit the <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program" target="_blank">Patent Pro Bono Program page</a> and click on your state to identify a regional program in your area, or email <a href="mailto:probono@uspto.gov">probono@uspto.gov</a>.</p><p><strong>Looking inward</strong></p><p>As we work together to unleash America’s potential, we are looking inwardly as well as outwardly.</p><p>On my first official day, April 14, I <a href="https://twitter.com/uspto/status/1514705059782742026" target="_blank">held a virtual town hall</a> with thousands of our employees, where I answered questions and discussed my plans. I’ve been incredibly impressed with the hard work and diligence of USPTO staff and will continue listening to their thoughts on how to strengthen our Agency and, in turn, advance our nation’s economic standing.</p><p>As we open our doors on May 25, I remain proud of our long-standing, flexible workplace policies and the role they play in fostering our successful USPTO community. Our strong and varied affinity groups also bring us closer together and give us the contacts, tools and resources we need to be successful and mentally healthy. And, though our agency is regularly recognized as one of the best places to work, we are going to do better. Going forward, we will study and implement leading-edge best practices, based on behavioral science research, for reshaping organizations to better promote diversity, equity, inclusion, accessibility, and opportunity. That work begins immediately. </p><p>We are always looking for great talent to join our team. Please stay posted for our announcements and please help us find great people to serve you and our mission.</p><p><strong>Bilateral meetings and listening sessions</strong> </p><p>We have held a few weeks of bilateral meetings with other countries and listening sessions with stakeholders and others who could benefit from the innovation ecosystem. We walked away with a lot of great ideas for moving forward. We look forward to hearing from you during our upcoming <a href="https://www.uspto.gov/about-us/events/stakeholder-listening-session-series?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=" target="_blank">listening sessions</a>. </p><p>And we’re just getting started. Over the next few weeks, some of my priorities include:</p><p>• Finalizing a study on regional demographics and the number of women patentees, as part of my focus on expanding innovation across socioeconomic and geographical lines—especially to reach those who have historically lacked access to opportunities to innovate<br>• Continuing to expand our Patent Pro Bono Program to make sure everyone has access to innovation<br>• Ensuring that our patent system protects key innovation while not incentivizing, protecting, or permitting activity that will thwart that impact—whether that is in the pharmaceutical space, in litigation practices, or in our PTAB proceedings<br>• Moving forward our discussions on patent eligibility</p><p>I look forward to hearing more from you and working together as we continue to protect, incentivize, and support innovation and expand the benefits of our innovation ecosystem throughout our country.</p>
https://www.uspto.gov/blog/director/entry/three-upcoming-events-for-inventors
Three upcoming events for inventors and entrepreneurs you won’t want to miss
USPTO
2022-05-16T07:50:35-04:00
2022-05-17T04:47:09-04:00
<p><i>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i></p><p><img alt="Image of participants in Invention Con 2018" src="https://www.uspto.gov/blogdata/img/InventionCon682.jpg"><i>Invention-Con 2018 (Photo by Michael Cleveland/USPTO)</i></p><p>Are you an aspiring or established inventor, entrepreneur, or small business owner? Someone with a great idea on how to solve a problem or a creative business idea? We are here to support you and help you turn your ideas into products and businesses. We are here to help you protect your ideas to help you succeed!</p><p>Throughout the year, we help Americans just like you pursue their dreams. We hold free events that inspire and encourage innovators from backgrounds like yours to develop their ideas and seek intellectual property protection (such as patents, trademarks and copyrights) for their inventions. We will equip you with the knowledge you’ll need along your innovation journey. And we’ll show you how you can work with us to get that patent or registered trademark and how to get a copyright.</p><p>At our events, you’ll often hear from others such as the Small Business Administration, Copyright Office, Minority Business Development Agency, and International Trade Administration. We want to be your “one stop shop” as you pursue your dream of innovation and business success.</p><p>Here are a few upcoming programs you won’t want to miss:</p><p><b>AANHPI Innovation and Entrepreneurship Program</b></p><p>This week, we will hold a two-part celebration of the remarkable work of Asian American and Native Hawaiian/Pacific Islander (AANHPI) innovators. Join us for <a href="https://www.uspto.gov/about-us/events/asian-american-and-native-hawaiianpacific-islander-innovation-and-entrepreneurship" target="_blank">part one</a> on May 17 and <a href="https://www.uspto.gov/about-us/events/asian-american-and-native-hawaiianpacific-islander-innovation-and-0" target="_blank">part two</a> on May 18. This year, you will hear from inventors and entrepreneurs who are doing pioneering research, solving bio-medical problems, creating companies, and giving back to the community.</p><p><b></b></p><p><b><img alt="AANHPI part 1 graphic" src="https://www.uspto.gov/blogdata/img/AANHPI1682.jpg"></b></p><b>Part one:</b><p></p><p>•<span style="white-space:pre"> </span><b>Dr. Ritu Raman</b>, d'Arbeloff Assistant Professor at the Massachusetts Institute of Technology (MIT)</p><p>•<span style="white-space:pre"> </span><b>Dr. Gurtej Sandhu</b>, Senior Fellow and Vice President at Micron Technology and prolific inventor named on more than 1,300 U.S. patents</p><p>•<span style="white-space:pre"> </span><b>Jun Ye, Ph.D.</b>, Professor Adjoint at the University of Colorado Department of Physics, JILA Fellow, National Institute of Standards and Technology (NIST) Fellow, and National Academy of Sciences member</p><p><b></b></p><p><b></b></p><p><b><img alt="Graphic for AANHPI event part 2" src="https://www.uspto.gov/blogdata/img/AANHPI2682.jpg"></b></p><p></p><b>Part two:</b><br><p></p><p>•<span style="white-space:pre"> </span><b>Dilip Goswami</b>, Founder and CEO, Molekule</p><p>•<span style="white-space:pre"> </span><b>Rakesh Srivastava</b>, President and CEO, Innovative Prosthetics and Orthotics</p><p>•<span style="white-space:pre"> </span><b>Dr. Hyunwoo Yuk</b>, Co-Founder and CTO, SanaHeal</p><p>•<span style="white-space:pre"> </span><b>Olin Kealoha Lagon</b>, Founder and CTO, Shifted Energy </p><p>•<span style="white-space:pre"> </span><b>Hoala Greevy</b>, Founder, Paubox</p><p>•<span style="white-space:pre"> </span><b>Mylen Yamamoto Tansingco</b>, Founder and Creator, Cropsticks®</p><p><b>Proud Innovation – Learn from LGBTQ+ innovators</b><br></p><p>On June 15 and 22, we will hold a two-part series on the remarkable work of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) innovators, entrepreneurs, and small business owners. The Proud Innovation series provides an inspiring and useful insight of the innovation process, from ideation to commercialization, with a focus on creating change, building legacies, securing funding, and networking. <a href="https://www.uspto.gov/about-us/events/proud-innovation-2022-part-one-ideas-innovations" target="_blank">Part one</a> will focus on how to turn an idea into an innovation, and <a href="https://www.uspto.gov/about-us/events/proud-innovation-2022-part-two-enthusiasm-entrepreneurship" target="_blank">part two</a> will focus on commercializing your innovation. The program will feature a number of notable speakers from across industries with many helpful tips you’ll want to know along your innovation journey.<br></p><p><b></b></p><p><b><img alt="Proud Innovation part 1 graphic" src="https://www.uspto.gov/blogdata/img/Proud1682.jpg"></b></p><b>Part one:</b><br><p></p><p>•<span style="white-space:pre"> </span><b>David Taubenheim</b>, Senior Data Scientist, NVIDIA </p><p>•<span style="white-space:pre"> </span><b>Suma Reddy</b>, Co-founder and CEO, Future Acres </p><p>•<span style="white-space:pre"> </span><b>Arianna T. Morales</b>, Ph.D., Staff Research Scientist, General Motors R&D Center</p><p>•<span style="white-space:pre"> </span><b>Theodore ‘TJ’ Ronningen</b>, Ph.D., Chair, Out to Innovate; Research Scientist, Ohio State University</p><p><b></b></p><p><b><img alt="Proud Innovation part 2 graphic" src="https://www.uspto.gov/blogdata/img/Proud2682.jpg"></b></p><b>Part two:</b><br><p></p><p>•<span style="white-space:pre"> </span><b>Ana Maria Hernandez Marti</b>, Founder and CEO, Equal Love </p><p>•<span style="white-space:pre"> </span><b>Jake Kenyon</b>, Owner/Lead Dyer, Kenyarn, LLC </p><p>•<span style="white-space:pre"> </span><b>Robin Williams</b>, Owner, Bowtie Behavior </p><p>•<span style="white-space:pre"> </span><b>Phillip Bailey</b>, Director of Strategic Initiatives, Wisconsin LGBT Chamber of Commerce </p><p><b>Invention-Con</b><br></p><p><a href="https://www.uspto.gov/about-us/events/invention-con-event-series" target="_blank">Invention-Con</a> is our most highly attended public event for inventors, entrepreneurs, and small business owners. First launched in 1996 as the Independent Inventors Conference, it is returning for its 26th consecutive year from August 10 to 12, once again as an online learning opportunity. Invention-Con provides independent inventors, entrepreneurs, and small business owners with resources to protect the various forms of IP which might be present in their businesses through patents, trademarks, copyrights, and trade secrets. You will hear from business and government experts about turning your ideas into innovations, protecting your creative works, and accessing valuable resources to help you succeed in the marketplace. <br></p><p>We also host an annual Women’s Entrepreneurship Symposium and events highlighting Hispanic innovation and entrepreneurship, Black innovation and entrepreneurship, and veterans innovation and entrepreneurship. To hear about future events and other resources, follow us on <a href="https://twitter.com/uspto" target="_blank">social media</a>, <a href="https://public.govdelivery.com/accounts/USPTO/subscriber/new" target="_blank">subscribe to our emails</a> and visit our <a href="https://www.uspto.gov/about-us/organizational-offices/office-chief-communications-officer/office-innovation-outreach" target="_blank">Office of Innovation Outreach</a>. You can also view recordings of past sessions and events on the <a href="https://www.youtube.com/user/USPTOvideo/playlists" target="_blank">USPTO’s YouTube page</a>.<br></p><p>Looking for something you don’t see? Email us at InnovationOutreach@uspto.gov.<br></p><p>See you soon!</p>
https://www.uspto.gov/blog/director/entry/you-spoke-we-listened-easing
You spoke, we listened: easing the transition to DOCX
USPTO
2022-04-27T05:21:24-04:00
2022-04-27T05:21:24-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO; Andrew Faile, Acting Commissioner for Patents; and Jamie Holcombe, Chief Information Officer</em></p><p><img alt="Graphic about DOCX" src="https://www.uspto.gov/blogdata/img/DOCXPDF682.jpg"></p>A few years ago, the USPTO advanced its efforts to use all available technology to strengthen patents and reduce pendency times by introducing the DOCX format for patent application filings. DOCX is a widely-available word-processing file format supported by many popular applications, such as Microsoft Word 2007 or higher, Google Docs, Office Online, Pages for Mac, and LibreOffice. Filing in DOCX offers many advantages, including:<p></p><p>• Increased efficiencies: eliminates the need to convert structured text into a PDF for filing<br>• Higher data quality: reduces errors that can occur when converting to a PDF file<br>• Smarter interface: detects common errors, such as formatting errors, and provides instant feedback to prevent unnecessary delays in processing an application<br>• Privacy: provides automatic metadata detection (e.g., track changes and comments) and removal features to support the submission of only substantive information in the DOCX file<br>• Improved application quality: provides content-based validations pre-submission, identifying issues up front and allowing for them to be addressed before examination begins<br>• Ease of use: provides automated document indexing<br>• Compatibility: eliminates the non-embedded font error, the most common obstacle in uploading a PDF, by uploading a file with supported fonts</p><p>Believing that meaningful improvements to our application processes can only happen through collaboration with our users, we sought feedback on the transition to DOCX. Hearing concerns that the new format might result in conversion discrepancies, we just announced an interim, optional procedure to ease the transition. Through December 31, 2022, applicants may upload a backup PDF version of their application with their DOCX version. There are no fees associated with this backup PDF. And there is no obligation to provide a backup PDF.</p><p>The backup PDF option will allow applicants concerned about the new format to gain confidence in the reliability and accuracy of filing applications in DOCX. Applicants can be assured that, should there be any conversion discrepancies, they can rely on the backup PDF to verify the substance of their original filing. You can read more about the backup PDF in our recent <a href="https://www.federalregister.gov/public-inspection/2022-09027/filing-patent-applications-in-docx-format" target="_blank">Federal Register Notice</a>.</p><p>This new option builds on the USPTO’s other transition-easing initiatives. These include <a href="https://www.federalregister.gov/documents/2021/11/22/2021-25368/setting-and-adjusting-patent-fees-during-fiscal-year-2020" target="_blank">delaying the effective date</a> of the non-DOCX surcharge fee from January 1, 2022, until January 1, 2023, to allow more time for users to adapt, and <a href="https://www.federalregister.gov/documents/2021/06/02/2021-11256/submitting-patent-applications-in-structured-text-format-and-reliance-on-the-text-version-as-the" target="_blank">adopting submitted DOCX files as the authoritative document</a> to simplify the filing process. This allows applicants to review only the DOCX files before submission rather than also having to verify the USPTO-generated PDF version.</p><p>We look forward to continuing our engagement with the public on the DOCX transition so we can better serve America’s innovation community. We also offer many resources to help applicants file in DOCX format. We host frequent <a href="https://www.uspto.gov/about-us/events/patents-docx-filing" target="_blank">DOCX training sessions</a> to demonstrate how to submit and retrieve DOCX files in Patent Center and to answer questions. Applicants can also file test submissions through <a href="https://patentcenter.uspto.gov/#!/?trainingMode=1" target="_blank">Patent Center training mode</a> to practice filing in DOCX. And our <a href="https://www.uspto.gov/patents/docx" target="_blank">DOCX page on the USPTO website</a> includes frequently asked questions, a quick reference guide, and a <a href="https://www.uspto.gov/learning-and-resources/uspto-videos/quick-overview-filing-docx-documents-patent-center" target="_blank">video overview</a> of filing DOCX documents in Patent Center.</p><p>We encourage you to start filing your patent applications in DOCX now. Doing so will not only streamline the process for you, it will also improve our ability to examine your application quickly and effectively. If you need assistance, please contact the <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-electronic-business-center" target="_blank">Patent Electronic Business Center</a> at <a href="mailto:ebc@uspto.gov">ebc@uspto.gov</a> or 866-217-9197. And please send your additional feedback, suggestions, and questions to <a href="mailto:eMod@uspto.gov">eMod@uspto.gov</a>. <br>Thank you for your help and support as we work hard to improve our systems for the benefit of all.</p>
https://www.uspto.gov/blog/director/entry/protecting-design-innovations-in-new
Protecting design innovations in new and emerging technologies
USPTO
2022-04-21T08:29:20-04:00
2022-04-21T09:01:35-04:00
<p><em>Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em> </p><p><p><img alt="Cover of paper on article of manufacturing" src="https://www.uspto.gov/blogdata/img/Designreport682.jpg"></p>I am excited to announce that today the USPTO released the “<a href="https://www.uspto.gov/sites/default/files/documents/USPTO-Articles-of-Manufacture-April2022.pdf" target="_blank">Summary of public views on the article of manufacture requirement of 35 U.S.C. § 171</a>.” The paper summarizes the comments received in response to the <a href="https://www.federalregister.gov/documents/2020/12/21/2020-28110/the-article-of-manufacture-requirement" target="_blank">request for information</a> seeking stakeholder and public input on whether the USPTO’s interpretation of the “article of manufacture” requirement for design patents should be reevaluated to incentivize and protect design innovation in new and emerging technologies.<p></p><p>As with other intellectual property rights, design patents play a critical role in our economy, stimulating job creation and economic prosperity. Maintaining our ability to protect designs effectively is critical to our efforts to revitalize America’s domestic manufacturing and secure our supply chains. According to a <a href="https://www.arts.gov/sites/default/files/Industrial-Design-Report-May2017-rev3.pdf" target="_blank">National Endowment for the Arts study</a> in 2017, design patent protection provides a “catalyst for growth for small and medium-sized manufacturers” and “a competitive edge for U.S. manufacturing success in the global economy.” According to the study, success of small and medium-sized manufacturers (SMMs) (those employing fewer than 500 people) “is key to the U.S. manufacturing sector as SMMs create 56% of all new manufacturing jobs, comprise 98% of manufacturing firms and complete 60% of the process of taking goods from raw material to consumer product.” Indeed, since “up to 95% of production costs occur at the design stage,” good designs can lower cost. They can make products better, more usable, more environmentally sustainable, and create a personal connection between the product and the consumer.<p>Good designs promote competition by allowing SMMs to compete in the market even though they have limitations larger firms do not. They can often be a “major differentiator in ensuring product success in a global market.”<p><em><img alt="Images of design patents" src="https://www.uspto.gov/blogdata/img/Designpatents682.jpg"><em>Examples of U.S design patents through the years</em></em></p><p>The value of designs is underscored by “<a href="https://www.dmi.org/page/2015DVIandOTW" target="_blank">the level of S&P 500 companies building large design functions</a>” and by the rise in the number of design patent applications filed at the USPTO. Over the 10-year period from 2009 to 2019, our USPTO <a href="https://www.uspto.gov/web/offices/ac/ido/oeip/taf/us_stat.htm" target="_blank">data</a> shows that filings of utility patent applications increased by 36% whereas filings of design patent applications increased by 82%.</p><p>As to whether the USPTO’s guidelines are effectively incentivizing and protecting innovative designs within the laws as set forth by Congress and as interpreted by the courts, several commenters expressed that the guidelines are too restrictive and that modifications to the guidelines are permissible under the law and could allow the USPTO to better protect designs in new and emerging technologies. Some commenters called for harmonization, noting that other jurisdictions are moving toward broader protection in these newer technologies. Other commenters set forth reasons why some of these newer technologies should not be eligible for patenting and cited cases that may be limiting. One commenter made a policy argument that certain protections would not incentivize innovation but would instead stifle it. Other commenters addressed concerns about the lack of prior art for inventions not previously patentable, noted that copyright and trademark law also protect certain designs, and expressed First Amendment concerns. The commenters also addressed whether eligibility for patent protection should depend on (1) the degree to which users interact with the design or (2) the integrality of the design to the operations of the device.</p><p>In view of the importance of this issue, the USPTO will immediately turn to reviewing the “<a href="https://www.govinfo.gov/content/pkg/FR-1996-03-20/pdf/96-6655.pdf" target="_blank">Guidelines for Examination of Design Patent Applications for Computer-Generated Icons</a>” and the surrounding law. We will also revisit Chapter 1500 of the Manual of Patent Examining Procedure (MPEP) directed to design patents to ensure it is updated with current case law. If you have additional thoughts or comments on design patents, please email <a href="mailto:IndustrialDesigns@uspto.gov">IndustrialDesigns@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/uspto-highlights-trailblazing-women-inventors
USPTO highlights trailblazing women inventors in collectible cards
USPTO
2022-03-30T05:36:44-04:00
2022-03-30T07:27:04-04:00
<p>A <a href="https://www.commerce.gov/news/blog/2022/03/womens-history-month-uspto-highlights-trailblazing-women-inventors" target="_blank">blog</a> about the USPTO by the U.S. Department of Commerce.<p><img alt="Inventor Collectible card collage" src="https://www.uspto.gov/blogdata/img/Inventorcards682.jpg"></p> <p></p><p>In honor of Women’s History Month, and as part of our efforts to protect and promote the ingenuity of American inventors and entrepreneurs, we are proud to share some inspiring stories of notable women innovators who have made lasting contributions to our nation’s history, economy, and way of life.</p><p>We highlight these incredible leaders in many ways, but one of the most popular channels is through our <a href="https://www.uspto.gov/kids/cards.html" target="_blank">Inventor Collectible Card Series</a>, which is celebrating its 10th anniversary in 2022.</p><p>Launched by the USPTO's Office of Education in 2012, the cards feature colorful portraits of various inventors from diverse backgrounds and demographics and were developed to encourage and inspire future generations of innovators from all walks of life. The images are illustrated by USPTO graphic artists, with new cards released and distributed periodically. Popular among students as a “cool collector’s item,” the agency mailed the cards directly to schools and youth-serving organizations in an effort to keep kids connected and inspired during the pandemic.</p><p>Here are a few trailblazing women featured in the USPTO collectible card series, and their exceptional accomplishments:</p><p><strong><a href="https://www.uspto.gov/kids/Croak.html" target="_blank">Marian Rogers Croak</a></strong></p><p>Marian Croak, Ph.D., developed inventions that made phone calls more reliably and securely transmittable over the internet. She is a pioneer in the advancement of Voice over Internet Protocol (VoIP). Dr. Croak is a technology team leader, mentor, and mother of three, who holds over 200 patents. She inspires others through her commitment to innovation, leadership, and service. She will be inducted into the <a href="https://www.invent.org/blog/inventors/marian-croak-voip" target="_blank">National Inventors Hall of Fame</a> (NIHF) this year.</p><p><strong><a href="https://www.uspto.gov/kids/Free.html" target="_blank">Helen Murray Free</a></strong></p><p>Helen Murray Free and her husband Alfred Free developed the first dip-and-read test strips for use in diagnostic testing. Their work revolutionized the field of urinalysis and led to many self-testing systems for people with diabetes. Free held numerous patents, received the <a href="https://www.uspto.gov/nmti" target="_blank">National Medal of Technology and Innovation</a> (NMTI) (the nation’s highest honor for technological achievement), was inducted to the NIHF, and was a champion of STEM education until her death in 2021 at the age of 98.</p><p><em></em><p><em><img alt="Temple Grandin receives collectible card" src="https://www.uspto.gov/blogdata/img/NewGrandin682.jpg"></em></p><em>Joyce Ward, director of the USPTO’s Office of Education, and Molly Kocialski, director of the USPTO’s Rocky Mountain Regional Office, presented Temple Grandin with her USPTO inventor collectible card in Denver, Colorado on April 3, 2016. (Photo by Unsu Jung/USPTO)</em><p></p><p><strong><a href="https://www.uspto.gov/kids/Cards-Temple.html" target="_blank">Temple Grandin</a></strong></p><p><a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/thinking-herd" target="_blank">Temple Grandin</a> is an inventor, professor, author, inspirational speaker, and an important champion for the humane treatment of livestock. A professor of animal sciences at Colorado State University and a leading advocate for the disabled community, Grandin holds a patent for farm-handling equipment, including a system that prevents animals from being hurt and help keep them calm during inoculation.</p><p><strong><a href="https://www.uspto.gov/kids/Henry.html" target="_blank">Beulah Louise Henry</a></strong></p><p>Beulah Henry was a prolific inventor with 49 U.S. patents and over 100 inventions credited to her name. She received her first patent at the age of 25 for a vacuum-sealed ice cream freezer. A successful entrepreneur, her numerous inventions included improvements to sewing machines, typewriters, cash registers, umbrellas, dolls, and toys. On April 1, the USPTO will unveil its newest <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation" target="_blank">Journeys of Innovation</a> story about Beulah Henry at <a href="http://www.uspto.gov">www.uspto.gov</a>.</p><p><strong><a href="https://www.uspto.gov/kids/Kwolek.html" target="_blank">Stephanie Kwolek</a></strong></p><p>Stephanie Kwolek invented poly-paraphenylene terephtalamide, a polymer material that is five times stronger than steel, while working as one of DuPont’s first female research chemists. The material, marketed worldwide under DuPont’s Kevlar® brand, has many applications ranging from bicycle tires and racing sails to vests used by police and military personnel. During her lifetime, she was honored with the NMTI and <a href="https://www.invent.org/inductees/stephanie-louise-kwolek" target="_blank">inducted into the NIHF</a>. Dupont had sold one million Kevlar vests by the time of her death in 2014.</p><p><strong><a href="https://www.uspto.gov/kids/Ochoa.html" target="_blank">Ellen Ochoa</a></strong></p><p>Ellen Ochoa, a veteran of three NASA Space Shuttle flight missions and the first Hispanic-American woman in space, is a co-inventor on three patents: an optical inspection system, an optical object recognition method, and a method for noise removal in images. Her inventions significantly increased the ability to capture and analyze finely detailed imagery, with applications in space and on Earth.</p><p>The USPTO’s <a href="https://www.uspto.gov/kids/cards.html" target="_blank">Inventor Collectible Card Series</a> shows the many faces of U.S. patent holders—both contemporary and historic. The cards personalize inventors and invention, help tell inventors’ stories, and inspire young people to see themselves as creative problem-solvers capable of inventing their own future. Requests for USPTO trading cards can be sent to <a href="mailto:education@uspto.gov">education@uspto.gov</a>. You can also view the entire collection on the <a href="https://www.uspto.gov/kids/cards.html" target="_blank">kids pages of the USPTO website</a>.</p>
https://www.uspto.gov/blog/director/entry/the-uspto-s-patent-pro
The USPTO’s Patent Pro Bono Program: Promoting equity in innovation since 2011
USPTO
2022-03-23T05:28:34-04:00
2022-03-23T07:19:56-04:00
<p><em>Blog by Drew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><img alt="Patent Pro Bono graphic" src="https://www.uspto.gov/blogdata/img/patent-pro-bono.jpg"></p>America is a nation of inventors and entrepreneurs, and the USPTO is committed to protecting their creations through patents and trademarks. However, the cost of hiring legal representation can be a barrier for some inventors when applying to protect their intellectual property. To address that barrier, the USPTO helped create and coordinates the <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program" target="_blank">Patent Pro Bono Program</a> (PPBP).<p></p><p>Since its launch in 2011 as part of the Leahy-Smith America Invents Act, this nationwide network of independently operated academic and nonprofit organizations (regional programs) has matched more than 3,400 under-resourced inventors and small businesses with volunteer patent practitioners, and helped them file over 1,800 patent applications. Practitioners have donated more than 84,000 hours of legal services. The PPBP is available in all 50 states, the District of Columbia, and Puerto Rico, through 21 independently operated regional programs. It has been very popular with inventors and entrepreneurs, who receive assistance in preparing and filing a patent application, and with patent professionals, who are able to give back to their communities by volunteering their services.</p><p>The goals of the PPBP align with the knowledge that our nation’s greatest strengths are our diversity and creativity. To more effectively promote the progress of science and the “useful arts,” as promised in the “Progress” or “Patent” clause in <a href="https://constitution.congress.gov/browse/article-1/section-8/clause-8/" target="_blank">article 1, section 8, clause 8</a> of the U.S. Constitution, we must broaden the innovation community. All Americans should have the opportunity to patent their innovations, trademark their brands, seek investments to grow their enterprises, and engage in emerging sectors of the economy that need diverse insights and perspectives.</p><p>However, a <a href="https://www.uspto.gov/sites/default/files/documents/USPTOSuccessAct.pdf" target="_blank">recent USPTO study</a> found that only 12.8% of all inventors named on U.S. patents are women. At the same time, a <a href="https://economics.harvard.edu/files/economics/files/ms28531.pdf" target="_blank">Harvard study</a> revealed that white individuals are three times more likely to invent than Black individuals. The reasons for these disparities are complex, and the solutions rarely are simple. However, these imbalances have significant, measurable, and far-reaching effects on our economy.</p><p>In calendar year 2021, regional patent pro bono programs collected voluntary demographic information from applicants, and the results revealed some insightful trends. Of the applicants who responded to the survey, 30% identified as African American or Black, 1.5% identified as Native American, and 5.6% identified as either Asian, Pacific Islander, or Hawaiian Native, which are all higher than existing proportions in the U.S. population, according to the 2010 U.S. Census data. In addition, 41% self-identified as female and 14% self-identified as Hispanic. These results show that these demographic groups are using pro bono resources and programs in substantial numbers to protect their intellectual property.</p><p>To participate in the PPBP, inventors and small businesses must meet certain financial thresholds and other conditions. The eligibility criteria vary for each regional program, but in general, there are three basic requirements:</p><ul><li>Income: Your gross household income should be less than three times the <a href="https://aspe.hhs.gov/poverty-guidelines" target="_blank">federal poverty level guidelines</a> (specifics may differ based on the regional program).</li><li>Knowledge: You must demonstrate knowledge of the patent system in one of two ways: (1) have a provisional application already on file with the USPTO, or (2) successfully complete the <a href="https://www.uspto.gov/video/cbt/certpck/index.htm" target="_blank">certificate training course</a> (<a href="https://www.uspto.gov/video/cbt/spanish-trngcrtcrse/" target="_blank">certificado de formación en español</a>).</li><li>Invention: You must be able to describe the particular features of your invention and how it works.</li></ul><br><p>To learn more about the PPBP, watch this <a href="https://www.uspto.gov/learning-and-resources/uspto-videos/intro-uspto-pro-bono-program" target="_blank">short series of videos</a> or this <a href="https://rev-vbrick.uspto.gov/#/videos/1d55016e-a085-49e1-b3e8-6ab585ee18f4" target="_blank">recorded webinar</a>, and to find a program near you, visit the <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program" target="_blank">Patent Pro Bono page of the USPTO website</a>. </p><p>Based on the success of the Patent Pro Bono Program, we recently launched a <a href="https://www.uspto.gov/learning-and-resources/inventors-and-entrepreneurs/ttab-pro-bono-clearinghouse-program?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=" target="_blank">Trademark Trial and Appeal Board Pro Bono Program</a>, and will very soon be launching a Patent Trial and Appeal Board Program. These programs provide free legal assistance to under-resourced inventors and businesses involved in patent and trademark proceedings before the Boards.</p><p>We are always looking to assist more small businesses and entrepreneurs by growing the PPBP. If you’re a patent practitioner who’d like to join this effort by volunteering your legal services, find your state on the <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program#Patent%20Pro%20Bono%20Coverage%20Map" target="_blank">Patent Pro Bono coverage map</a> and fill out an online volunteer application form found on the program’s website. For any other questions about the program, please contact <a href="mailto:probono@uspto.gov">probono@uspto.gov</a>. And we hope you explore other USPTO initiatives aimed at increasing equitable participation in the innovation ecosystem, including the <a href="https://www.uspto.gov/initiatives/equity/ci2" target="_blank">Council for Inclusive Innovation</a> (CI2) and our <a href="https://www.uspto.gov/blog/director/entry/uspto-creates-new-programs-to" target="_blank">economic relief programs</a>.</p>
https://www.uspto.gov/blog/director/entry/nominate-an-inventor-for-the
Nominate an inventor for the National Medal of Technology and Innovation
USPTO
2022-02-16T07:05:23-05:00
2022-02-16T08:04:35-05:00
<p><em>Blog by Drew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em><p><em><em><img alt="National Medal of Technology and Innovation" src="https://www.uspto.gov/blogdata/img/NMTI682.jpg"><em>The <a href="https://www.uspto.gov/learning-and-resources/ip-programs-and-awards/national-medal-technology-and-innovation/design-medal" target="_blank">design</a> for the National Medal of Technology and Innovation is the work of medalist and sculptor Mico Kaufman of North Tewksbury, Massachusetts. (Photo by Jay Premack/USPTO)</em></em></em></p><p>We live in a world shaped by innovation. From lasers, to smartphones, wireless networks, 3D printing, prosthetics, vaccines, and so much more—our lives are improved, and in some cases saved, by the efforts of scientists and inventors from across our great nation. These intrepid innovators inspire us all. They challenge us to dream and to dare, to explore the far corners of our solar system or the genetic code of human beings, to pursue a degree or a career we may not have previously considered. They remind us that everyone has within them the potential to change this world for the better. They are role models and leaders in the march of human progress, worthy of commendation for their ingenuity and global impact.</p><p>To recognize these often unsung heroes, the USPTO is currently accepting nominations for the <a href="https://www.uspto.gov/learning-and-resources/ip-programs-and-awards/national-medal-technology-and-innovation-nmti" target="_blank">National Medal of Technology and Innovation</a> (NMTI), our nation’s highest honor for technological achievement.</p><p>The President of the United States awards the NMTI to individuals, teams, and companies that have made lasting contributions to America’s competitiveness, standard of living, and quality of life through technological innovation. Since the Medal’s inception in 1980, only 220 people have received this prestigious recognition. Past recipients of the NMTI, or Laureates, have included:</p><p>• <a href="https://nationalmedals.org/laureate/steve-jobs/" target="_blank">Steve Jobs</a> and <a href="https://nationalmedals.org/laureate/steve-wozniak/" target="_blank">Steve Wozniak</a>, for their development of the personal computer <br>• <a href="https://nationalmedals.org/laureate/yvonne-c-brill/" target="_blank">Yvonne Brill</a>, for inventing a rocket propulsion system to keep communications satellites in orbit <br>• <a href="https://nationalmedals.org/laureate/james-edward-maceo-west/" target="_blank">James West</a>, for co-inventing the foil electret microphone, which is used in phones, computers, and hearing aids<br>• <a href="https://nationalmedals.org/laureate/edith-flanigen/" target="_blank">Edith Flanigen</a>, for her innovations in molecular sieves, which are used to purify petroleum, water, and countless other compounds</p><p>You can learn more about these and other NMTI Laureates on the <a href="https://nationalmedals.org/timeline/?v=21" target="_blank">National Science & Technology Medals Foundation’s website</a>.</p><p>We invite nominations for the NMTI that represent the diversity and ingenuity of innovators from across the United States. If you know of a person, team, or company that has changed the technological landscape through their discoveries and achievements, you can nominate them on the <a href="https://www.uspto.gov/learning-and-resources/ip-programs-and-awards/national-medal-technology-and-innovation-nmti" target="_blank">NMTI page of the USPTO website</a> through May 20.</p><p>The NMTI is a powerful symbol and incentive that encourages future generations to pursue technical careers, improve our world, and keep the United States at the forefront of global innovation. For more information on the NMTI and the award process, attend our <a href="https://www.uspto.gov/about-us/events/national-medal-technology-and-innovation-webinar-2022" target="_blank">webinar on March 9</a>, <a href="http://public.govdelivery.com/accounts/USPTO/subscriber/new?topic_id=USPTO_30" target="_blank">sign up for the USPTO Awards newsletter</a>, or contact us at <a href="mailto:nmti@uspto.gov">nmti@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/new-ptab-resources-for-inventors
New PTAB resources for inventors
USPTO
2022-02-03T03:54:13-05:00
2022-02-03T04:37:30-05:00
<p><em>Blog by Drew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Scott Boalick, Chief Judge of the Patent Trial and Appeal Board of the USPTO</em></p><p><img alt="Light bulb" src="https://www.uspto.gov/blogdata/img/Lightbulb682.jpg"></p>Over the past year, the <a href="https://www.uspto.gov/patents/ptab" target="_blank">Patent Trial and Appeal Board</a> (PTAB) has gathered feedback from across the intellectual property (IP) community through our many outreach events. One thing we heard repeatedly is that inventors want to learn more about the Board and what it does. So, to address this feedback, we acted by creating a number of new programs and resources dedicated to inventors, or anyone who is new to practice before the PTAB.<p></p><p>First, we developed and published a <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/about-ptab/new-ptab" target="_blank">New to PTAB webpage</a> focused on <em><a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/appeals/what-are-ex-parte-appeals" target="_blank">ex parte</a></em><a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/appeals/what-are-ex-parte-appeals" target="_blank"> appeals</a> and American Invents Act (AIA) trial proceedings. This page features plain language descriptions and simplifies PTAB proceedings into distinct steps. The webpage also includes an <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/resources/preparing-ex-parte-appeal-brief" target="_blank">instructional tool</a> with helpful examples of how to prepare and file an ex parte appeal brief. </p><p>Next, we established a monthly <a href="https://www.uspto.gov/about-us/events/inventor-hour-events" target="_blank">Inventor Hour webinar</a> on the last Thursday of every month. Each webinar features short segments on various aspects of PTAB practice such as proceeding basics, oral hearing protocols, and case studies. This allows inventors to get practical tips on a range of topics in a single hour. Each webinar also features an interview with an administrative patent judge or member of the PTAB administrative staff to get to know the Board members more personally, as well as an audience question-and-answer session. You can find past Inventor Hour webinars on the <a href="https://www.uspto.gov/about-us/events/inventor-hour-events" target="_blank">PTAB webpage</a>.</p><p>Lastly, a <a href="https://www.uspto.gov/blog/director/entry/uspto-creates-new-programs-to" target="_blank">recent Director’s blog on new economic relief programs</a> announced that the PTAB will be launching a pro bono program to aid under-resourced inventors in obtaining free legal counsel to represent them in Board proceedings. The program will initially cover ex parte appeals and will later expand to include AIA proceedings. The <a href="https://www.ptabbar.org/" target="_blank">PTAB Bar Association</a> will serve as the clearinghouse for the program, matching pro bono requestors with volunteer attorneys. Much of the impetus for this new program came from feedback in the intellectual property community. We heard those of you who told us that such a program could benefit inventors, and we look forward to helping do just that. Stay tuned for more information, including eligibility criteria for the pro bono assistance, in the coming weeks.</p><p>We’re continually working on new ways to improve the services we provide to inventors. Your feedback on these programs and other ways in which the PTAB can continue to support inventors, is vital. Find out how to contact us and view our frequently asked questions by visiting the <a href="https://www.uspto.gov/patents/ptab/ptab-help" target="_blank">PTAB help and suggestions page</a>, and sign up for our <a href="https://public.govdelivery.com/accounts/USPTO/subscriber/new" target="_blank">email alerts</a> to stay informed about our initiatives.</p>
https://www.uspto.gov/blog/director/entry/uspto-creates-new-programs-to
USPTO creates new programs to provide economic relief during the pandemic
USPTO
2022-01-24T08:35:58-05:00
2022-01-24T08:35:58-05:00
<p><em>Blog by Drew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><em><img alt="two people discussing documents" src="https://www.uspto.gov/blogdata/img/ERWG682.jpg"></em></p>In response to a <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/22/executive-order-economic-relief-related-to-the-covid-19-pandemic/" target="_blank">January 2021 Executive Order</a> (EO) on economic relief during the COVID-19 pandemic, we established an Economic Relief Working Group (ERWG) comprised of individuals from across the USPTO to identify and develop programs and strategies to fulfill the goals of the EO – specifically, “to provide the greatest relief to individuals, families, small business; and to State, local, Tribal, and territorial governments.” <p></p><p>Similar to our <a href="https://www.uspto.gov/initiatives/equity/ci2" target="_blank">Council for Inclusive Innovation</a> (CI<span style='line-height: 107%; font-family: "Calibri",sans-serif; font-size: 11pt; mso-ascii-theme-font: minor-latin; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin; mso-bidi-font-family: "Times New Roman"; mso-bidi-theme-font: minor-bidi; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;'><sup>2</sup></span>) initiative, our goal with this working group is to vastly increase awareness of the benefits of patents and trademarks among aspiring innovators and creators, and to remove barriers to access for those who have historically been underrepresented in the U.S. intellectual property (IP) system. We want more people to utilize our resources to start new companies, develop new products and brands, expand their enterprises and, in some cases, create entirely new industries.</p><p>Notably, a year later, we have initiated more than a dozen projects for achieving this goal. Below we’ve highlighted just a few new and upcoming programs.</p><p><strong>Expanding USPTO resources to wider audiences</strong></p><p>We will soon unveil an “AccessUSPTO Pilot Program” aimed at providing IP training to new audiences through enhanced collaboration with national organizations who assist small businesses and creators not traditionally versed in IP. With this new program, we hope to reach more aspiring inventors and entrepreneurs and empower them with the tools they need to protect their ideas, creations, and brands.</p><p>Another upcoming program is the Tribal Nations Partnership, a year-long initiative to assist Native Americans, Alaska Natives, and Native Hawaiians who are interested in establishing or expanding their e-commerce presence, through monthly sessions focused on topics ranging from entrepreneurship to marketing and planning. We also are expanding our IP education programs to regions of the country that have been underrepresented in the innovation economy through strategic collaboration with Historically Black Colleges and Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, and community colleges to offer training and outreach programs that seek to broaden participation in the innovation ecosystem at all levels.</p><p><strong>Enhanced Training opportunities for filing applications</strong></p><p>In addition, through our new Stakeholder Application Readiness Training (StART) program, which will launch as a pilot program this spring, a selected group of aspiring inventors will be able to participate in a three-day intensive training program on the application process to empower them with the tools and knowledge to successfully file a patent application. Further, the ERWG will be piloting a Customer Ambassador Program this summer to help a selected group of individual or joint inventors file on their own and avoid common mistakes throughout the application process.</p><p><strong>New pro bono programs</strong></p><p>The costs of preparing a patent application should never discourage those who want to protect their inventions. That’s why for many years, the regional not-for-profit organizations that make up the <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program" target="_blank">Patent Pro Bono Program</a> have endeavored to match volunteer patent professionals with financially under-resourced inventors and small businesses in their regions for the purpose of securing patent protection. Based on the success of the program, not only will we be launching a new Patent Trial and Appeal Board (PTAB) pro bono program in 2022, but we will also soon be starting a new Trademark Trial and Appeal Board (TTAB) pro bono program. These programs will provide free legal assistance to financially under-resourced individuals and businesses involved in patent or trademark proceedings before the Boards. These important programs were born out of our valued collaborations with the PTAB Bar Association and the International Trademark Association (INTA), and will connect volunteer member attorneys with those eligible inventors and entrepreneurs seeking legal assistance to secure and defend their patents and trademark registrations.</p><p>For those interested in learning more about how to apply for a patent or trademark registration, we encourage you to visit our redesigned <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources" target="_blank">inventor and entrepreneur resources page</a>. Additionally, we recently launched a new <a href="https://www.uspto.gov/learning-and-resources/access-our-free-services" target="_blank">free services page</a> that highlights the many intellectual property resources we provide at no cost. As always, we welcome your feedback, and invite you to join us at one of our upcoming <a href="https://www.uspto.gov/about-us/organizational-offices/public-advisory-committees/patent-public-advisory-committee/patent-0" target="_blank">Patent Public Advisory Committee meetings</a> or <a href="https://www.uspto.gov/about-us/organizational-offices/public-advisory-committees/trademark-public-advisory-committee-1" target="_blank">Trademark Public Advisory Committee meetings</a>.</p><p>Our economy thrives when we put American innovators first. We are honored to do our part to assist all those whose ideas drive our economy forward.<br></p>
https://www.uspto.gov/blog/director/entry/uspto-s-fy-2021-performance
USPTO’s FY 2021 Performance and Accountability Report: A clean bill of financial health
USPTO
2022-01-11T04:19:51-05:00
2022-01-11T04:19:51-05:00
<p><em>Guest blog by Jay Hoffman, Chief Financial Officer</em></p><p align="center"><img alt="Madison building at USPTO headquarters" src="https://www.uspto.gov/blogdata/img/Madison2682.jpg"><em>Madison building at USPTO headquarters in Alexandria, Virginia (Photo by Jay Premack/USPTO)</em></p>Here at America’s innovation agency, we place a high value on transparency and providing our stakeholders with the most up-to-date information on our agency’s activities and goals. One of the ways we do that is through the publication of our annual <a href="https://www.uspto.gov/sites/default/files/documents/USPTOFY21PAR.pdf" target="_blank">Performance and Accountability Report</a> (PAR). This document, now available online for fiscal year (FY) 2021, serves as a comprehensive report on the state of the USPTO.<p></p><p>In addition to describing how the agency is responding to the administration’s directives and executive orders on certain priorities, the PAR describes our progress toward our goals of optimizing patent and trademark quality and timeliness, and providing domestic and global leadership to improve intellectual property policy, enforcement, and protection worldwide. In short, it offers our stakeholders a detailed update on how we are using our financial resources responsibly to deliver organizational excellence to all those who work with us.</p><p>Overall, the USPTO’s financial health is strong, and we continue to carefully monitor demand and revenue and work towards establishing a prudent spending and investment plan. The USPTO maintains operating reserves that enable us to consistently fund operations. We closed the year with strong and healthy balances in both our patent and trademark operating reserves, which will position us well as we look to the future.</p><p>One of our most important achievements highlighted in the FY 2021 PAR was the removal of a long-standing “significant deficiency” associated with our information technology (IT) internal security controls. This deficiency was present for the past several audit cycles and was based on the auditor’s finding that the agency could strengthen the processes, procedures and technologies that help not only ensure that those authorized had access to our IT systems, but that those systems are also properly configured to be secure in order to prevent unauthorized access. By successfully implementing a series of corrective actions over the years, the USPTO was finally able to resolve the IT deficiency first identified by the independent auditor dating back to 2015.</p><p>We recognize the trust that our stakeholders place in us every day by providing us with information related to the protection of their intellectual property. This is why USPTO continues to focus on improving the security of our financial information and our IT infrastructure to keep up with evolving risks.</p><p>This focus on security proved essential when, as recently as last month, we proactively and deliberately shut down all external access to filing systems for about 12 hours in light of a serious and time-sensitive concern related to Log4j vulnerabilities. The shutdown was necessary to perform critical maintenance to safeguard not only our infrastructure, but also the security of our filers’ data. Stakeholders were still able to file documents via email channels we created during the outage. In the new normal of continuous cyber threats, we will continue to actively monitor, prevent, and remediate cybersecurity vulnerabilities as quickly as possible to ensure the safety and security of our American intellectual property system.</p><p>While the PAR highlights our achievements, it is also a frank assessment of the challenges we face as an agency. We will continue to address those challenges, which include working to continue to provide stable and sustainable funding and investments to maintain and improve USPTO services, and ensuring IT development and operations are agile, reliable, and adaptable.</p><p>We take great pride in our long record of producing annual PARs that meet the highest standards of transparency, quality, and accountability. FY 2021 marks the 29th consecutive year that the USPTO’s financial statements have received an “unmodified” (or clean) audit opinion from an independent public accounting firm. In addition, for FY 2021, the auditors reported no material weaknesses or significant deficiencies in the design and operation of the USPTO’s system of internal controls over financial reporting, and the financial system complies with all relevant laws and regulations.</p><p>This past May, the Association of Government Accountants (AGA) also recognized the USPTO with its Certificate of Excellence in Accountability Reporting for the 19th consecutive year. The AGA awarded the USPTO its “Best in Class” honors for displaying “a prominent, clear, and concise one-page of their financial and performance highlights, including key financial measures, trends, performance measures and color-coded results.” Our team has worked hard to ensure this year’s PAR continues to deliver this standard of excellence. I am grateful to everyone who contributed to this effort.</p><p>I hope you find value in this document, and that it provides you greater insights into the USPTO’s activities and achievements.</p>
https://www.uspto.gov/blog/director/entry/the-trademark-modernization-act-implementing
The Trademark Modernization Act: Implementing changes to protect brand owners
USPTO
2021-12-17T03:59:59-05:00
2021-12-17T03:59:59-05:00
<p><em>Guest blog by David Gooder, Commissioner for Trademarks</em></p><p><img alt="Person typing on a laptop and registered trademark symbol" src="https://www.uspto.gov/blogdata/img/TMstockimage682.jpg"></p>On November 17, we <a href="https://www.uspto.gov/about-us/news-updates/uspto-implements-trademark-modernization-act" target="_blank">published the final rule</a> to implement provisions of the Trademark Modernization Act (TMA), which provides trademark owners with powerful new tools to protect their brands and enables the USPTO to strengthen the integrity of the U.S. trademark register. While you can read more about these changes on our <a href="https://www.uspto.gov/trademarks/laws/2020-modernization-act" target="_blank">Trademark Modernization Act page</a>, in this blog, I’d like to specifically highlight how the public helped us shape these provisions.<p></p><p>The ongoing COVID-19 pandemic presented both challenges and opportunities to seek input from the public regarding our implementation of the TMA. While we couldn’t travel the country and meet with stakeholders in their communities (as we did when implementing the America Invents Act), or hold events at USPTO headquarters in Alexandria, Virginia, the widespread use of video conferencing allowed us to get out early and frequently to stakeholder groups as we developed the rules and procedures.</p><p>Starting in late January, prior to publication of the notice of proposed rulemaking (NPRM), we hosted meetings and virtual roundtables to field questions and comments and to give stakeholders the opportunity to directly voice their concerns and viewpoints. Doing so virtually allowed us to gain this input far more quickly and efficiently than in-person events. In fact, over 500 people registered for our March 1 roundtable. We heard from in-house counsel for multinational corporations and partners at major IP firms, as well as small business owners and practitioners working for nonprofits and in under-resourced communities. The diversity of perspectives and breadth of feedback from these meetings gave us valuable guidance through the rule drafting process. <a href="https://www.uspto.gov/learning-and-resources/uspto-videos/roundtable-implementation-trademark-modernization-act" target="_blank">Watch the recording of the roundtable</a>.</p><p>Based on the success of the first roundtable, we held two more in June after publication of the NPRM. Combined, another 600 people registered.</p><p>Additionally, throughout 2021, we met virtually with industry and practitioner groups to present the about the TMA and answer questions. We created new channels, including a special TMA email box, <a href="mailto:TMFeedback@uspto.gov">TMFeedback@uspto.gov</a>, to field questions and concerns.</p><p>All comments we received during this entire process were read and heard, and many of them influenced the final rule. For example, after receiving comments on the NPRM, we increased the time allowed for responding to a non-final office action issued in connection with an expungement or reexamination proceeding from two months to three months and added a one-month extension of time to respond. We also increased the time allowed for responding to a final action in such cases to three months.</p><p>We also asked the public for comments on two specific issues that were not required by the TMA, but helped us determine what to include in the final rule:</p><p>• Whether to establish a limit on the number of petitions for expungement or reexamination that can be filed against a registration. The public consensus was that we shouldn’t.<br>• If the USPTO Director should require a petitioner to identify the name of the real party in interest on whose behalf the petition for expungement or reexamination is filed. The public consensus was that petitioners shouldn’t be required to identify the real party, but that the Director should be able to require it if abuse was suspected.</p><p>To each of you who took part in this collaborative effort to implement the most sweeping change to our trademark law in a generation - thank you. Your participation shows that every voice has the power to shape government in ways that better serve the public.</p><p>Stay tuned as we continue to implement changes to modernize and strengthen our trademark system, to the benefit of businesses, brand owners, and consumers everywhere.</p>
https://www.uspto.gov/blog/director/entry/modernizing-how-we-issue-patents
Modernizing how we issue patents and trademark registrations
USPTO
2021-12-10T04:59:15-05:00
2021-12-17T08:42:45-05:00
<p><em>Blog by Drew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><img alt="Person typing on a laptop" src="https://www.uspto.gov/blogdata/img/Persontyping682.jpg"></p>Like so many other service agencies and organizations, it is imperative that our business practices evolve to meet the needs of inventors and entrepreneurs who look to our agency to help safeguard their valued intellectual property. With that in mind, today we are announcing our transition to the electronic issuance of patents and trademark registrations in 2022.<p></p><p><strong>Patents</strong></p><p>For patents, we have issued a <a href="https://www.federalregister.gov/documents/2021/12/15/2021-27117/electronic-patent-issuance" target="_blank">notice of proposed rulemaking</a> (NPRM) to seek public feedback on our proposal to revise the rules of practice to issue patents electronically. Under the current rule (37 CFR 1.315), the USPTO is required to deliver or mail a patent “upon issuance to the correspondence address of record.” Under the proposed changes, the USPTO would no longer physically deliver the patent by mailing it to the correspondence address, but would issue the patent electronically via our patent document viewing systems (i.e., Patent Center and Patent Application Image Retrieval (PAIR)). Patentees would also be able to download and print their electronically issued patents through these systems.</p><p>This change comes with many benefits for patent owners. For example, the new process will result in electronic patent issuance with the USPTO seal and the Director’s signature within one week after the patent number is assigned, reducing the pendency of every issued patent application by approximately two weeks.</p><p>The proposed changes represent another step toward the full digitization of our patent application processing and streamlining of our services. Beginning in 2001, we implemented the electronic filing system for patent applicants and have since launched numerous initiatives to provide high-quality services, including the Image File Wrapper system, the eOffice Action program, Public/Private PAIR, and Patent Center, among others. </p><p><strong>Trademarks</strong></p><p>While no similar amendment to the trademark rules is necessary, we still believe it is important for the public to have the chance to give us feedback about our transition to only providing digital copies of registration certificates. To that end, we recently issued a <a href="https://www.federalregister.gov/documents/2021/12/15/2021-27116/uspto-to-begin-issuing-electronic-trademark-registration-certificates" target="_blank">public request for comments</a> on replacing paper registration certificates with digital versions. This change reflects a strong preference expressed to us by our trademark community. We anticipate the transition to digital delivery of trademark registration certificates to begin in the spring of 2022.</p><p>And similarly to patents, this new electronic process will benefit trademark owners by providing a more accessible and timely registration certificate – one they will be able to view, download, and print a complete copy of at their leisure. This change will also allow us to issue trademark registrations 1-2 weeks faster than our current process by discontinuing the printing, assembling, and mailing of paper registration certificates upon issuance. Since we currently issue 6,000-9,000 printed trademark registration certificates per week, this will reduce paper processing to a minimum.</p><p><strong>Next steps</strong></p><p>Once the transition is complete, for customers who wish to continue to receive paper “presentation copies” of issued patents and trademark registration certificates with an embossed gold seal and a Director’s signature, that option will still be available for a $25 fee per copy. On future digital formats, we plan to use a digital seal and electronic Director’s signature to officially authorize the patent or trademark.</p><p>By gathering feedback from the public regarding this transition to electronic patents and trademarks, we can fully consider all views as we continue to modernize our processes while continuing our core mission of providing the high-quality patents and trademark registrations our customers have come to expect and deserve from America’s innovation agency.</p><p>As always, we look forward to working with our stakeholders to ensure their needs are met, and that American innovation continues to drive our nation, and the world, forward.</p>
https://www.uspto.gov/blog/director/entry/ensuring-the-validity-of-micro
Ensuring the validity of micro entity certifications – which provide reduced fees to eligible inventors and small businesses
USPTO
2021-09-08T09:10:05-04:00
2021-09-08T09:13:33-04:00
<p><em>Guest blog by Andrew Faile, Acting Commissioner for Patents</em><p><em><img alt="Person working on files and on a computer" src="https://www.uspto.gov/blogdata/img/Microentity682.jpg"> </em></p><p>A core focus of our work at the USPTO is to foster innovation, competition, and economic growth, by providing opportunities for all current and aspiring inventors and entrepreneurs to participate in the intellectual property (IP) system. The cost of filing an application for a patent or trademark should not hinder individual inventors and small businesses from obtaining these key IP protections. That is why we offer a 50% and 75% reduction on most patent application fees to independent inventors and small businesses that qualify as small and micro entities.</p><p>A <a href="https://ecfr.federalregister.gov/current/title-37/chapter-I/subchapter-A/part-1#1.27" target="_blank">small entity</a> is generally defined as a business which, including affiliates, has fewer than 500 employees, a qualifying nonprofit organization, or an individual who has not assigned, licensed or otherwise conveyed or promised to convey an interest in the invention to a non-small entity. To be a small entity applicant, it is required that all parties holding rights in the invention qualify for small entity status.</p><p>A <a href="https://ecfr.federalregister.gov/current/title-37/chapter-I/subchapter-A/part-1#1.29" target="_blank">micro entity</a> must meet the criteria of a small entity, but also qualify for <a href="https://www.uspto.gov/patents/laws/micro-entity-status" target="_blank">micro entity status</a>, either on a gross income basis or on a basis of higher education, where the applicant must be obtaining the majority of their income from a United States institution of higher education. An additional <a href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section123&num=0&edition=prelim" target="_blank">requirement</a> when filing for micro entity status based on gross income is that neither the applicant nor the inventor has been named as an inventor on more than four previously filed applications.</p><p>In recent years, we have seen a significant increase in applications by inventors claiming micro entity status, especially in the field of design patents. For example, from fiscal year 2019 to fiscal year 2020, applications for <a href="https://www.uspto.gov/patents/basics/types-patent-applications/design-patent-application-guide#def" target="_blank">design patents</a> filed with micro entity certifications increased by 44%, and that percentage continues to rise. In addition, requests to expedite the examination of a design application (referred to as “rocket docket” filings) with micro entity certifications increased by almost 400% during that same one-year period.</p><p>We love to see inventors utilize the micro entity discount to protect and grow their businesses – that’s why it exists. However, this uptick in micro entity filings has been accompanied by a significant increase in the number of erroneous micro entity certifications filed by inventors who do not qualify as micro entities. Many of the erroneous micro entity certifications we have seen are from applicants that are disqualified from claiming micro entity status because they have already been named on more than four previously filed applications and/or patents. The problem is particularly acute among rocket docket applications, and we are looking into whether similar issues exist in utility applications. These erroneous micro entity certifications, and the heavy use of the rocket docket by these applicants, unfortunately mean longer wait times for all applicants seeking design patents, including legitimate micro entity applicants.</p><p>We are proactively taking steps to address the issue of erroneous filings. We recently sent notices to applicants with questionable micro entity certifications requiring additional information to support their micro entity claim (if you received a notice and have questions, please call the Patents Ombudsman at 571-272-5555). Applicants who mistakenly claimed micro entity status will be able to make a fee deficiency payment and proceed through the application process in a non-micro entity status. Those who cannot provide information to support their micro entity status, and who do not make a fee deficiency payment, run the risk of their application being abandoned. We will continue to communicate with our customers and the public to ensure the requirements on how to file a patent application as a small and micro entity are clear.</p><p>We are always grateful for the opportunity to serve our dynamic innovation community. By taking these important steps to reduce current wait times and flush out erroneous certifications, we aim to protect all patent applicants, including legitimate micro entity applicants and small businesses, and prevent abuse of our world-class patent system.</p><p>For more information and assistance with filing an application, please visit the newly revamped <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources" target="_blank">inventor and entrepreneur resources</a> page of the USPTO website.</p>
https://www.uspto.gov/blog/director/entry/apply-for-a-judicial-law
Apply for a judicial law clerkship at the USPTO by September 10
USPTO
2021-09-02T10:53:14-04:00
2021-09-03T05:35:42-04:00
<p><em>Guest Blog by Scott Boalick, Chief Judge of the Patent Trial and Appeal Board<img alt="PTAB logo" src="https://www.uspto.gov/blogdata/img/lawclerk.jpg"></em></p>Are you interested in launching your career as an intellectual property (IP) practitioner by clerking for an administrative patent judge on the USPTO’s <a href="https://www.uspto.gov/patents/ptab" target="_blank">Patent Trial and Appeal Board</a> (PTAB)? The PTAB is currently hiring for one-year clerkships to start in the fall of 2022. Check out our <a href="https://www.usajobs.gov/GetJob/ViewDetails/608670100" target="_blank">posting on the USAJobs website</a>, which closes September 10, and read on to learn more about the role.<p></p><p>The PTAB serves two important functions in the intellectual property system. First, the PTAB reviews the work of patent examiners in ex parte appeals and determines whether an examiner’s rejection of a patent application should be sustained. Additionally, the PTAB adjudicates the patentability of issued patents in America Invents Act (AIA) trial proceedings, which serve as a cheaper, faster alternative to district court litigation. For both types of proceedings, a panel of three administrative law judges who are skilled in technology and trained in patent law hear the cases and render decisions for the Board.</p><p>As a judicial law clerk, you would work directly with judges on a variety of assignments, from researching legal issues to discussing cases with judges, for both ex parte appeals and AIA trials. Additionally, you would have the opportunity to participate in all Board training events, attend conferences, and prepare and deliver presentations. The diversity of work and training gives our judicial law clerks a broad understanding of the PTAB. </p><p>Serving as a judicial law clerk also helps you establish a network within the intellectual property community. One former law clerk commented that “[the] environment is very collaborative and welcoming. At all levels, people are willing to answer your questions. More importantly, they want to hear your perspective.”</p><p>Judicial law clerks are required to be U.S. citizens and graduates of an accredited law school prior to starting at the PTAB. Additionally, judicial law clerks must have an undergraduate degree in a technical area, such as engineering, chemistry, or biology. Admission to a state bar or the patent bar is not required, though encouraged.</p><p>If selected as a judicial law clerk, you would serve for a paid, one-year term. Typically, terms start in October and end the following September. To apply, you must submit a resume and undergraduate, graduate (if applicable), and law school transcripts through USAjobs.gov. Providing a cover letter is optional, but may help us get a better idea of what makes you a great candidate.</p><p>Perhaps best said by a recent law clerk: “If you are interested in practicing before the PTAB, the judicial clerkship program is an excellent way to develop skills and insight into the forum and set yourself apart from your peers.” For example, past law clerks have gone on to further prestigious positions in public service, including as law clerks at the U.S. Court of Appeals for the Federal Circuit.</p><p>If you meet the qualifications outlined above and are interested in the intersection of IP and the law, we hope you consider joining us at the PTAB.</p>
https://www.uspto.gov/blog/director/entry/uspto-s-comprehensive-strategy-to
USPTO’s comprehensive strategy to fight trademark fraud
USPTO
2021-08-18T05:44:53-04:00
2021-08-18T05:44:53-04:00
<p><em>Blog by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and David Gooder, Commissioner for Trademarks at the USPTO</em></p><p><em><img alt="Registered trademark image" src="https://www.uspto.gov/blogdata/img/TM682.jpg"></em></p>Businesses at home and abroad are becoming more and more aware of the value and benefits of a U.S. trademark registration. Unfortunately, along with the historic surge of new trademark filings over the past year (see <a href="https://www.uspto.gov/blog/director/entry/what-a-huge-surge-in" target="_blank">our blog on the surge</a>), the USPTO has also seen an increase in suspicious submissions ranging from inaccurate to fraudulent. The Department of Commerce’s Office of Inspector General, after analyzing a snapshot of data (applications filed between October 2, 2019 and April 30, 2020), found that we need to enhance controls aimed at combatting this increase in suspicious filings. We agree, and have been actively enhancing our register protection efforts to meet this challenge for some time now (as described in Appendix B of the report, titled Agency Response). The integrity and accuracy of our trademark register is more important than ever to our economy, to businesses everywhere, and to the USPTO. <p></p><p>The rise in fraudulent trademark filings and trademark-related scams has driven us to implement new strategies and tactics to intensify our attack against those who would seek to undermine the value and legitimacy of this important intellectual property right. A change of approach, which we embarked on several years ago, was necessary to confront an unprecedented threat, one that is common among industries dealing with the scourge of counterfeits, fakes, illicit trade, and even piracy. We believe the best way to fight trademark application fraud and scams and to aggressively safeguard our trademark register is to pivot to a comprehensive brand protection-type strategy and starting last fall, we did just that.</p><p>As of this writing, the USPTO has experienced a 40+% increase in trademark applications over the past year, representing the greatest number of new trademark applications in history. This increase in applications has been driven by a number of factors during the pandemic, including the growth of cross-border e-commerce, foreign government subsidies, and a tremendous rise in new business formation. Thousands of foreign manufacturers that want to sell directly to U.S. consumers have been told that they need a U.S.-registered trademark for their products to receive priority position on e-commerce sales platforms. Even though this is not necessarily true, the phenomenon has spawned new low-cost filing mills, multi-national scams, and even created a secondary market for buying and selling U.S. trademark registrations. </p><p>As a result, low-cost trademark filing companies claiming to specialize in the acquisition of U.S. trademarks have aggressively been marketing their services to potential and unsuspecting clients. Most foreign manufacturers and sellers have little or no experience with U.S. trademark laws and registration procedures so they don’t know whether or not these services are legitimate. </p><p>Conversely, many foreign agents are aware of the USPTO rules, yet try to find ways to circumvent them. For example, they hijack the credentials of attorneys licensed in the U.S. or they enter into relationships with questionable U.S. attorneys who rubber-stamp whatever paperwork they provide. The U.S. trademark registration system has historically relied upon the good faith intentions of its customers and their counsel. These illicit operators, however, are trying to game the system in order to illegally obtain U.S. registrations.</p><p>Traditionally, our examining attorneys have been on the front lines of this fight, but conducting investigations instead of examinations only does a disservice to legitimate applicants seeking trademark registrations. Moreover, the examination process does not always efficiently lend itself to discovering wider patterns of fraud and improper behavior that often taint many applications at a time. </p><p>Because multiple applications are often filed by a single entity using the same data elements but owned by multiple applicants, it is by tracking those common data points through our IT systems that we identify and fight back against these schemes. To achieve this result on the scale we need, in 2019 we created – and are now expanding – a special task force of attorneys, analysts, cyber investigators and IT personnel to investigate submissions that we suspect are violating U.S. rules of practice, representation rules, or USPTO’s terms-of-use. </p><p>The USPTO does not have law enforcement capability, so we leverage what we do have: the ability to enforce our rules against those seeking to circumvent them. Further, when an investigation uncovers attorney misconduct, we refer them to our Office of Enrollment and Discipline. And when an investigation involves suspected criminal activity, we engage with law enforcement authorities.</p><p>For those suspected of violating the USPTO’s rules, we issue show-cause orders requiring them to establish that their filings and behavior are legitimate. If they respond inadequately, or if we find that applications were filed with the intent to circumvent our rules, then we issue a final order for sanctions, including terminating the tainted applications and blocking the filer’s access to our trademark system. Additionally, we are increasing our database security through login, identity authentication, and role-based access controls. Doing so will help prevent bad actors from submitting any future applications.</p><p>The USPTO has other new tools we are now employing against inaccurate or fraudulent submissions. For example, in our <a href="https://www.uspto.gov/trademarks/maintain/post-registration-audit-program" target="_blank">Post-Registration Proof of Use Audit Program</a>, we implemented a fee penalty in January for those filing inaccurate claims-of-use in their filings to maintain their registrations. And this is starting to have a positive impact on accuracy. Also, the soon-to-be implemented <a href="https://www.uspto.gov/trademarks/laws/2020-modernization-act" target="_blank">Trademark Modernization Act of 2020</a> will allow third parties to challenge registrations they believe are not or have never been validly used. These new cancellation proceedings will help clear our register of inaccurate and unused registrations which clutter the register and diminish its value to our country and the trademark ecosystem.</p><p>The surge of trademark filings has created challenges, but those challenges also highlight the significant value of U.S. trademark registrations. Brands that are registered at the USPTO command more respect than ever before, and their growing status is a direct result of the U.S. trademark system that is constantly evolving. And as we forge ahead, we welcome every opportunity to work with our stakeholders both foreign and domestic to protect our register and issue trademarks that have true and lasting value. </p>
https://www.uspto.gov/blog/director/entry/protecting-our-trademark-customers-with
Protecting our trademark customers with federal registration of USPTO marks
USPTO
2021-08-05T06:21:46-04:00
2021-08-05T06:46:20-04:00
<p><em>Guest blog by David Gooder, Commissioner for Trademarks</em> <p><em><img alt="Exterior photo of the Madison building at USPTO headquarters in Alexandria, Virginia" src="https://www.uspto.gov/blogdata/img/Madison682.jpg"><em>Exterior shot of the Madison Building and Dulany Gardens at the United States Patent and Trademark Office (USPTO). </em><em>Photo by Jay Premack/USPTO</em>.</em></p><p>Imagine you are a trademark applicant who receives a notice in the mail from an agency claiming to be the USPTO, with an almost identical logo, informing you that the USPTO will deny or cancel your registration unless you pay a required fee. Or if a business appearing to be affiliated with the USPTO solicits fees to help file your application and perform other registration services for you at a price that seems too good to be true. You pay the fees, assuming the businesses and promised services are legitimate, only to never hear from them again.</p><p>These types of misleading solicitations and trademark filing scams are a growing problem, especially as we are seeing more sophisticated enterprises entering the space. Some of these scammers attempt to impersonate the USPTO or claim varying forms of endorsement. The USPTO has taken several proactive steps to protect trademark applicants from being victimized by these opportunists, including alerting users to known scammers by posting a list on the <a href="https://www.uspto.gov/trademarks/protect/caution-misleading-notices" target="_blank">USPTO website</a>, working with law enforcement when appropriate, and sanctioning filers that violate USPTO rules. </p><p>Yesterday, the Department of Commerce took another important step to protect trademark customers by filing for federal registration of the USPTO marks. Like any other brand owner facing infringement by third parties, if we have federal trademark registrations, they will help us take appropriate legal action as needed to protect the USPTO brand from improper use by those trying to impersonate or falsely claim affiliation or endorsement with the USPTO. </p><p>We recognize the intrigue and irony of filing for federal registration of the USPTO marks...with the USPTO. It’s a big reason why the Department of Commerce is filing the application on our behalf, just as it has for its other bureaus. In fact, many other federal agencies own federal trademark registrations, including the Internal Revenue Service, the Environmental Protection Agency, the Food and Drug Administration, the Federal Aviation Administration, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the Department of Homeland Security, the National Park Service, and branches of the U.S. military, to name just a few. </p><p>As for process, the USPTO trademark examining attorney will examine the application as he or she does any application, and make his or her own determination. And while some could ask why we didn’t federally register these marks years ago, we realized we require the additional legal protections afforded the owner of a federally registered trademark in light of the rapid increase in sophistication of those unlawfully passing themselves off as the USPTO. We firmly believe that it’s never too late to do the right thing, and doing everything within our power to protect our trademark customers is the right thing.</p><p>While there is no one-size-fits-all strategy to address illicit or misleading activity of scammers, we are committed to keeping our customers well-informed and to fighting these scams. We look forward to building upon our comprehensive efforts and sharing more about them in the weeks to come. In the meantime, we encourage you to visit the <a href="https://www.uspto.gov/trademarks/protect/caution-misleading-notices" target="_blank">USPTO website</a> to learn more about ways to identify scams and keep your brand(s) protected. <br></p>
https://www.uspto.gov/blog/director/entry/ptab-s-fast-track-pilots
PTAB’s “Fast-Track” pilots available for regular and COVID-19 related ex parte appeals
USPTO
2021-08-04T06:49:44-04:00
2021-08-04T07:12:14-04:00
<p><em>Guest Blog by Scott Boalick, Chief Judge for the Patent Trial and Appeal Board</em></p><p></p><p><img alt="Visualization of legal icons" src="https://www.uspto.gov/blogdata/img/PTAB682.jpg"></p>The United States Patent and Trademark Office (USPTO) has two programs to expedite our turnaround time for ex parte appeals. By speeding up patentability determinations on new inventions, we aim to quicken the pace at which products or services embodied in these inventions reach the marketplace, spurring follow-on innovation, economic growth, and job creation.<p></p><p>Last year, the USPTO launched the first-ever, one-year “<a href="https://www.uspto.gov/patents/ptab/fast-track-appeals-pilot-program" target="_blank">Fast-Track Appeals Pilot Program</a>” to offer patent appellants a way to secure expedited resolution of any ex parte appeal. We just extended the pilot program to run for another one-year period through July 2, 2022. On April 15, 2021, we also launched a specialized <a href="https://www.uspto.gov/patents/patent-trial-and-appeal-board/covid-fast-track-appeals-pilot-program" target="_blank">Fast-Track Appeals Pilot Program just for COVID-19 related inventions</a>.</p><p>To advance an appeal under the regular Fast-Track Appeals Pilot, an appellant must meet four conditions. First, the application must be an original utility, design, or plant nonprovisional application. Second, the appeal desired for fast-track status must be pending before the Patent Trial and Appeal Board (PTAB). Third, the appellant must file a petition to request fast-track treatment. And fourth, the appellant must pay a petition fee, currently $420. </p><p>For the COVID-19 Fast-Track Appeals Pilot, the first three requirements apply but the appellant is not required to pay a petition fee. In addition, the application must claim a product or process that is subject to an applicable FDA approval for COVID-19 use.</p><p>Since the regular Fast-Track Appeals Pilot’s launch through June 30, 2021, we have granted 197 petitions, on average within two days of filing. Merits-based appeal decisions were decided in an average of 2.1 months, much quicker than our fast-track target of six months to decision, and much quicker than the approximately 13-month average time to decide appeals overall. </p><p>To date, we have not received any petitions under the COVID-19 Fast-Track Appeals Pilot. The COVID-19 Fast Track Appeals Pilot is a companion to the COVID-19 Prioritized Examination Pilot Program, and applications that are under review in the <a href="https://www.uspto.gov/initiatives/covid-19-prioritized-examination-pilot" target="_blank">COVID-19 Prioritized Examination Pilot</a> feed into the COVID-19 Fast-Track Appeals Pilot. The COVID-19 examination pilot started a little more than one-year ago, and therefore applications under the COVID-19 examination pilot are only now approaching a second or final rejection, placing them in position for appeal.</p><p>In order to ensure that there is no adverse impact to appeal processing overall caused by the expedited turnarounds offered in the regular Fast-Track and COVID-19 Fast-Track pilots, size limitations have been placed on both pilot programs. Information on these limitations can be found on the <a href="http://www.uspto.gov/PTABFastTrack" target="_blank">Fast-Track Appeals Pilot</a> and the <a href="http://www.uspto.gov/PTABCOVIDFastTrack" target="_blank">COVID-19 Fast-Track Appeals Pilot</a> pages of the USPTO website.</p><p>We remain committed to monitoring and evaluating the effects of both the regular Fast-Track Appeals Pilot Program and the COVID-19 Fast-Track Appeals Pilot Program. If you have any questions or comments about these programs, please email or <a href="mailto:fasttrackappeals@uspto.gov">fasttrackappeals@uspto.gov</a> or <a href="mailto:COVIDfasttrackappeals@uspto.gov">COVIDfasttrackappeals@uspto.gov</a>, respectively. Also, the webpages for the regular <a href="http://www.uspto.gov/PTABFastTrack" target="_blank">Fast-Track Appeals Pilot</a> and the <a href="http://www.uspto.gov/PTABCOVIDFastTrack" target="_blank">COVID-19 Fast-Track Appeals Pilot</a> are replete with information, including current filing data and open slots for each program.</p>
https://www.uspto.gov/blog/director/entry/celebrating-the-75th-anniversary-of
Celebrating the 75th anniversary of the national trademark system
USPTO
2021-07-27T06:08:40-04:00
2021-08-09T11:14:48-04:00
<p><em>Blog by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO<em><br></em></em></p><em><em><img alt="75 years of the Lanham Act" src="https://www.uspto.gov/blogdata/img/LanhamAct682.jpg"></em></em><p></p><em>Photo courtesy of the <a href="https://www.youtube.com/watch?v=29YfmNcmUm8" target="_blank">National Inventors Hall of Fame Lanham Documentary</a>.</em><p></p><p>It was 75 years ago that President Harry S. Truman signed Rep. Fritz Lanham’s Trademark Act into law. This landmark legislation made possible today’s system of trademark registration and protection, but it took almost a decade of debate in Congress with countless hearings on the need to replace earlier, outdated statutes and the patchwork of trademark systems in each of the states. Today, the U.S. economy is the beneficiary of those efforts and this masterful law that has stood the test of time, transforming the U.S. economy through the growth of national and global brands. <br><em></em><p><em><img alt="Portrait of Fritz Lanham" src="https://www.uspto.gov/blogdata/img/Lanham682.jpg"></em></p><em>Fritz G. Lanham, Texas. Photo courtesy of the Library of Congress</em>. <p></p><p>Today, when you read the <a href="https://www.uspto.gov/sites/default/files/trademarks/law/Trademark_Statutes.pdf" target="_blank">Lanham Act</a>, its simplicity, prescience, and thoroughness are striking. There are not many 75-year-old acts of Congress that have withstood the kinds of changes our nation and economy have experienced since 1946.</p><p>The U.S. Patent and Trademark Office has issued almost 6.3 million trademark registrations since the Lanham Act became law. There are currently 2.8 million live trademark registrations and there are 55,000 trademark attorneys representing the owners of these active marks.</p><p>Trademarks and brands are an essential part of the global economy. And through all the economic growth and dramatic changes in industry, society, and technology, the Trademark Act of 1946 has remained virtually unchanged--and now, in its 75th year, we are <a href="https://www.uspto.gov/blog/director/entry/the-trademark-modernization-act-what" target="_blank">on track to implement</a> the Trademark Modernization Act of 2020 by December of this year. The goal is to improve the integrity of the trademark register, provide trademark owners with better means to protect their trademarks, and implement systems and procedures aimed at reducing registrations that are not in use, fraud and abuse.</p><p>The Trademark Modernization Act could not have come at a better moment. The pandemic has vastly accelerated the shift to an all-digital economy, along with incredible growth in e-commerce. We currently expect to receive over 750,000 trademark applications this year, an increase of about 35% over 2020 and more than triple the number of trademark applications we received in 2001. <a href="https://www.uspto.gov/blog/director/entry/what-a-huge-surge-in" target="_blank">Read more about the recent surge in trademark filings</a>.</p><p>Trademark applications from U.S. filers have increased by 21% so far this fiscal year. The vast majority of our applications are either from first-time filers or small businesses.</p><p>As our trademark system evolves, we continue to benefit from the vision of U.S. history’s greatest champion of trademark protections, Fritz Lanham. We are proud to celebrate 75 years of our federal trademark structure and all it has provided to past, current, and future American entrepreneurs.</p><p>To learn more, <a href="https://www.youtube.com/watch?v=29YfmNcmUm8" target="_blank">watch the brief documentary “75 years of the Lanham Act”</a> produced by the National Inventors Hall of Fame, in cooperation with the USPTO and the State Bar of Texas, or <a href="https://www.youtube.com/watch?v=imwCKIjG9eQ" target="_blank">watch the recording</a> of the USPTO's <a href="https://www.uspto.gov/trademarks/lanham-act-75th-anniversary-celebration" target="_blank">75th anniversary celebration event</a>.</p>
https://www.uspto.gov/blog/director/entry/deputy-secretary-of-commerce-don
Deputy Secretary of Commerce Don Graves praises USPTO for critical work in promoting American competitiveness, innovation, and ingenuity
USPTO
2021-07-07T13:19:48-04:00
2021-07-07T13:54:00-04:00
<p><em>A </em><a href="https://www.commerce.gov/news/blog/2021/07/deputy-secretary-don-graves-praises-commerces-uspto-their-critical-work-promoting" target="_blank"><em>blog</em></a><em> about the USPTO by the U.S. Department of Commerce</em><p><em><em><em><img alt="Drew Hirshfeld presents Deputy Secretary of Commerce Don Graves with a copy of his ancestory's patent" src="https://www.uspto.gov/blogdata/img/1Graves682.jpg"><em>USPTO’s Drew Hirshfeld presents Deputy Secretary of Commerce Don Graves with a copy of his ancestor’s patent. (Photo by Jay Premack/USPTO)</em></em></em></em></p><p>On July 1, U.S. Deputy Secretary of Commerce Don Graves visited the USPTO headquarters in Alexandria, Virginia. During his visit, he toured the National Inventors Hall of Fame museum, experienced a “day in the life” of a patent examiner and a trademark examining attorney, and met with leadership about the USPTO’s role in advancing American competitiveness. He later received a surprise framed copy of his ancestor’s patent, who was one of the Nation’s first Black patent holders. </p><p>The <a href="https://www.invent.org/museum" target="_blank">National Inventors Hall of Fame® (NIHF) museum</a>, located at USPTO headquarters, tells the story of American innovation and showcases famous inventors including Thomas Edison, the Wright Brothers and George Washington Carver. During his tour of the museum, Deputy Secretary Graves viewed the inspiring Gallery of Icons™ commemorating each of the more than 550 National NIHF Inductees, and saw first-hand the vast innovative advancements in automotive, photographic, and smartphone technologies via the museum’s Intellectual Property Power exhibit. Deputy Secretary Graves also learned about NIHF’s numerous invention education programs, focused on inspiring America’s youth to pursue careers in STEM.<p><em><img alt="USPTO's Linda Hosler gives a tour of the National Inventors Hall of Fame museum to Deputy Secretary Graves " src="https://www.uspto.gov/blogdata/img/2Graves682.jpg"><em>Linda Hosler, USPTO’s National Outreach Partnerships Manager, provided a tour of the National Inventors Hall of Fame Museum to Deputy Secretary Graves. (Photo by Jay Premack/USPTO)</em></em></p><p>Deputy Secretary Graves then participated in a tour where he visited five USPTO buildings, the <a href="https://www.uspto.gov/learning-and-resources/support-centers/public-search-facility/public-search-facility" target="_blank">Public Search Facility</a>, the <a href="https://www.uspto.gov/ip-policy/global-intellectual-property-academy" target="_blank">Global Intellectual Property Academy</a>, the Clara Barton Auditorium and the <a href="https://www.uspto.gov/patents/ptab" target="_blank">Patent Trials and Appeals Board</a> hearing room.<p><em><img alt="Deputy Secretary Graves visits USPTO headquarters" src="https://www.uspto.gov/blogdata/img/3Graves682.jpg"><em>Deputy Secretary Graves visited the USPTO’s Global Intellectual Property Academy and Public Search Facility. (Photo by Jay Premack/USPTO)</em></em></p><p>He then participated in a “day in the life” of an examiner and heard from each business unit head at the USPTO to better understand their work and role at the USPTO. USPTO employs thousands of patent examiners and trademark examining attorneys that work regularly with inventors and entrepreneurs on intellectual property matters. </p><p>“The work you do is rooted in the fabric of America,” Deputy Secretary Graves told them. “Your work and the work of all your examiners provides the incentives for inventors to create things we never thought possible. And those inventions are commercialized into globally competitive companies that create jobs right here in the U.S.” </p><p>Deputy Secretary Graves later held a meeting with Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and other USPTO leadership on the important role USPTO plays in American competitiveness. During that discussion, Deputy Secretary Graves praised them for reaching <a href="https://www.uspto.gov/about-us/news-updates/uspto-issues-patent-number-11000000" target="_blank">patent number 11 million</a> as an important milestone in American innovation and ingenuity.<p><em><img alt="Secretary Graves met with USPTO's Drew Hirshfeld during his visit to USPTO headquarters" src="https://www.uspto.gov/blogdata/img/4Graves682.jpg"><em>Deputy Secretary Graves met with Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO. (Photo by Jay Premack/USPTO)</em></em></p><p>“Patents and trademarks are fuel for our economy by enabling the creation of new products, new businesses, and entirely new industries that have the potential to change the world,” he said. </p><p>Before his visit concluded, Deputy Secretary Graves was presented with a copy of his <a href="http://pdfpiw.uspto.gov/.piw?PageNum=0&docid=00242091&IDKey=BA5523E57C56%0D%0A&HomeUrl=%2F%2Fpatft.uspto.gov%2Fnetahtml%2FPTO%2Fpatimg.htm" target="_blank">ancestor’s patent</a>. Deputy Secretary Graves comes from a long line of small business owners and has a rich family history connected to the Commerce Department. His four-times great grandparents built a successful horse and buggy taxi business in Washington that once stood at the site of the Commerce Department’s headquarters. Their son went on to own a premier hotel just blocks away and became one of our nation’s first Black patent-holders. </p><p>“It was a wonderful surprise to receive a copy of my ancestor’s patent from the USPTO. Thinking back on my family’s roots, in this country, you can achieve anything you want — with a little help,” said Deputy Secretary Graves. Today, I still draw on the lessons of my family history for inspiration and today is a moment I will never forget.”</p>
https://www.uspto.gov/blog/director/entry/what-a-huge-surge-in
What a huge surge in trademark filings means for applicants
USPTO
2021-06-23T09:17:23-04:00
2021-06-23T13:00:51-04:00
<p><em>Guest blog by David Gooder, Commissioner for Trademarks</em></p><p><img alt="Registered trademark symbol" src="https://www.uspto.gov/blogdata/img/Trademark682.jpg"></p>Since last fall, trademark applications from U.S. and foreign applicants have surged to unprecedented levels. As of June 17, the increase is roughly 63% over last year, which translates to about 211,000 more applications. And in December 2020 alone, the USPTO received 92,608 trademark applications, an increase of 172% over December 2019. This surge has doubled the number of applications waiting to be examined and increased waiting times at various stages in our processes. As a result, applicants may have to wait longer for initial processing of their application, receiving an office action, processing of responses to office actions, and reviewing of post-registration filings. <strong>For updated information and current processing times, please visit the <a href="https://www.uspto.gov/dashboard/trademarks/application-timeline.html" target="_blank">Trademarks Dashboard</a> page of the USPTO website. </strong><p></p><p>We are continuing to explore the reasons behind the surge, but we do know that the increase comes from both foreign and domestic filings and is caused in part by an increase in e-commerce during the pandemic. For our customers, the bottom line is that applications are coming in faster than we have historically been able to examine them, and the backlog is increasing. We are keenly aware of this challenge and have taken steps to increase productivity, while maintaining the high quality our applicants expect. </p><p>For example, we’re implementing information technology solutions and system enhancements to process applications even faster. In addition, we've hired more examining attorneys and staff, we're finding better ways to distribute the workload among our current attorneys and staff, and we’re looking at every step in the examination process to find ways to increase efficiency. Through these and other actions, we will eventually bring our processing times back to customary levels. </p><p>If you have questions about this issue, or suggestions for us to consider, we welcome your feedback at <a href="mailto:TMFeedback@uspto.gov">TMFeedback@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/global-protection-and-local-outreach
Global protection and local outreach: How the USPTO’s IP attachés are helping U.S. business interests abroad
USPTO
2021-06-07T08:57:34-04:00
2021-06-07T08:57:34-04:00
<p><em>Guest blog by Molly Kocialski, Director of the Rocky Mountain Regional U.S. Patent and Trademark Office, and Damian Porcari, Director of the Elijah J. McCoy Midwest Regional U.S. Patent and Trademark Office</em> </p><p><em></em><p><em><img alt="IP attaches" src="https://www.uspto.gov/blogdata/img/ipattaches682.jpg"></em></p><em>The USPTO IP attachés posted to China, Belgium, Mexico, Switzerland, India, and Thailand shown here, along with their colleagues in seven other posts around the world, work to support the interests of U.S. IP rights holders.</em><br><p></p><p>During the past several months, we were pleased to welcome the USPTO’s intellectual property (IP) attachés to a series of virtual events in our respective regions covering the Midwest and the Rocky Mountain states.</p><p>Who are the IP attachés? They are U.S. diplomats with expertise in intellectual property. Their prior experience includes work in government, industry, major trade associations, and some of the best law firms in the country. They are currently assigned to 12 embassies, consulates or missions around the world, where they advocate U.S. positions on IP matters for the benefit of U.S. businesses. Three attachés cover China, two focus on multilateral issues in Geneva, and the others cover Southeast Asia, South Asia, Central Eurasia, Europe, Latin America and the Caribbean, and the Middle East and North Africa.</p><p>Aside from their diplomatic duties, the IP attachés also provide information to U.S. businesses entering foreign markets, including how to navigate foreign laws and protect their IP abroad. One way they do that is through the kinds of outreach efforts they conducted recently with stakeholders located in our two regions. These included a series of virtual meetings held with Utah stakeholders in October 2020 and another round of meetings held in April 2021 with stakeholders in Ohio and Kentucky. </p><p>The virtual visit with stakeholders in Utah included discussions with the <a href="https://business.utah.gov/" target="_blank">Utah Governor’s Office of Economic Development</a> and the <a href="https://www.wtca.org/world-trade-center-utah" target="_blank">World Trade Center Utah</a>. These meetings consisted of a series of wide-ranging discussions on global IP protection and gave attendees—who represented established businesses, startup companies, government, academia, and IP law firms—answers to their questions about IP challenges abroad. Topics included counterfeit goods, patents, trademarks, and trade secret protection. Our other virtual meetings included conversations with a number of Utah based companies, as well as the IP Law Section of the Utah State Bar. Likewise, in Ohio and Kentucky, the IP attachés’ virtual visits led to engaging conversations about international developments in patent, trademark, and trade secret protection. In these sessions, we were joined by a diverse group of inventors, law school students from throughout the Midwest, attorneys, and more than 45 businesses located in the two states.</p><p>Both of these series of meetings made clear to us what a tremendous service the IP attachés provide to our country and to American businesses and inventors. Over the past 15 months alone, the IP attachés helped more than 8,000 U.S. stakeholders, held more than 2,500 meetings with foreign government officials, conducted more than 80 training programs (with more than 4,400 foreign government officials), and reported over 60 significant IP successes. </p><p>Examples of the IP attachés’ recent work on behalf of U.S interests include: </p><p>• Conducting training programs on patents, trademarks, copyrights, and trade secrets for officials from U.S. trading partners—including Egypt, Saudi Arabia, Mexico, Peru, Bolivia, El Salvador, Ukraine, China, and Thailand—so that they can better protect and enforce IP in their countries. <br>• Organizing two international leadership programs for officials of the European Union who are responsible for IP enforcement. <br>• In China, in response to the pandemic, a focus by the three IP attachés on sourcing and shipping Chinese-made personal protective equipment and medical devices to the United States, while remaining vigilant against counterfeit or substandard medical products. <br>• Shutting down, in the Middle East and North Africa region, a major broadcasting operation that carried pirated satellite signals—a collaborative effort by the IP attaché for that region and local authorities.</p><p>“Successes like these show the important role our IP attachés play,” notes Dominic Keating, the director of the USPTO’s IP Attaché Program. “Each attaché brings an average of more than 15 years of IP experience to the table to help secure the highest of standards in international agreements and host country laws.”</p><p>These virtual visits drove home to us, and to the many participants in all three states, the importance of protecting IP globally. Our economy benefits greatly from strong IP protections here at home. It also depends on our international counterparts to take the same approach in protecting rights holders’ interests overseas. The IP attachés play an important role in making that a reality.</p><p>The next series of IP attaché outreach events will be taking place in early June 2021 in Kansas and Nebraska, with programs on <a href="https://www.uspto.gov/about-us/events/protecting-and-enforcing-your-clients-intellectual-property-overseas-conversation" target="_blank">June 8</a> and <a href="https://www.uspto.gov/about-us/events/important-role-ip-attaches-career-panel-law-students" target="_blank">June 9</a>. If you are a Kansas or Nebraska company that wants to learn more, please contact the <a href="https://www.uspto.gov/about-us/uspto-locations/rocky-mountain-regional-office-colorado" target="_blank">Rocky Mountain U.S. Patent and Trademark Office</a>. For further details on the work of the IP attachés, or to learn about upcoming visits to other states and regions, view the <a href="https://www.uspto.gov/ip-policy/ip-attache-program" target="_blank">IP Attaché Program</a> page of the USPTO website.</p>
https://www.uspto.gov/blog/director/entry/help-us-find-the-next
Help us find the next National Medal of Technology and Innovation Laureates
USPTO
2021-06-01T06:54:36-04:00
2021-06-01T06:54:36-04:00
<p><i>Blog by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO</i></p><p><i><img alt="National Medal of Technology and Innovation" src="https://www.uspto.gov/blogdata/img/NMTI682.jpg"></i></p><i>The <a href="https://www.uspto.gov/learning-and-resources/ip-programs-and-awards/national-medal-technology-and-innovation/design-medal" target="_blank">design</a> for the National Medal of Technology and Innovation is the work of medalist and sculptor Mico Kaufman of North Tewksbury, Massachusetts. (Photo by Jay Premack/USPTO)</i><p></p><p>From the personal computer to satellite technology, the <a href="https://www.uspto.gov/patents/milestones" target="_blank">last few decades of technological innovation</a> have dramatically changed the way we live our lives. Those changes would not have been possible without the amazing inventors behind them – women and men who inspire us all with their spirit of ingenuity and perseverance. That’s why we are immensely proud to administer the <a href="https://www.uspto.gov/learning-and-resources/ip-programs-and-awards/national-medal-technology-and-innovation-nmti" target="_blank">National Medal of Technology and Innovation</a> (NMTI), our nation’s highest honor in technological achievement, which recognizes these often unsung heroes.</p><p>Awarded by the President of the United States, the NMTI is given to individuals, teams, and companies that have made lasting contributions to America's competitiveness, standard of living, and quality of life through technological innovation. We are currently soliciting nominations from the public for this high honor, and we invite a wide range of submissions for recipients of the NMTI – called Laureates – that represent the diversity and ingenuity of our incredible innovation ecosystem from all corners of the United States.</p><p>If you know of a person or team who you feel has changed the technological landscape through their discoveries and achievements, we want to know! Submissions are being accepted on the <a href="https://www.uspto.gov/learning-and-resources/ip-programs-and-awards/national-medal-technology-and-innovation-nmti" target="_blank">NMTI page of the USPTO website</a> <b>through July 30</b>.</p><p>By highlighting the importance and achievements of NMTI Laureates, the Medal is also meant to inspire future generations of Americans to prepare for and pursue technical careers. Since the Medal’s inception in 1980, only <a href="https://nationalmedals.org/" target="_blank">220 people</a> have been awarded this prestigious recognition. Here are just a few of their stories.</p><p><i><img alt="Steve Jobs and Steve Wozniak receive the NMTI from President Reagan" src="https://www.uspto.gov/blogdata/img/Reagan682.jpg"></i></p><i>Steve Jobs and Steve Wozniak receive the National Medal of Technology from President Ronald Reagan. (Photo courtesy of the Ronald Reagan Presidential Library)</i><p></p><p><a href="https://nationalmedals.org/laureate/steve-jobs/" target="_blank">Steve Jobs</a> and <a href="https://nationalmedals.org/laureate/steve-wozniak/" target="_blank">Steve Wozniak</a> were among the first class of Laureates in 1985. Their development of the personal computer revolutionized the world, bringing the power of computing technology into people’s homes. Relying on Jobs’ marketing and design skills and Wozniak’s engineering insights, the pair co-founded Apple Computers in 1976. Today, Apple remains an international, multibillion-dollar company.</p><p><i><img alt="Helen Edwards receives the NMTI from President George H.W. Bush" src="https://www.uspto.gov/blogdata/img/BushEdwards682.jpg"></i></p><i>Helen Edwards receives the National Medal of Technology from President George H.W. Bush. (Photo courtesy of the George H.W. Bush Presidential Museum and Library)</i><p></p><p><a href="https://nationalmedals.org/laureate/helen-t-edwards/" target="_blank">Helen Edwards</a> was the first woman to receive the NMTI. She was awarded the Medal in 1989 for overseeing the design, construction, and operation of the TEVATRON particle accelerator. This amazing piece of equipment explored the fundamental properties of matter. It allowed experiments that could previously only be theorized, by accelerating beams of protons and antiprotons to approximately the speed of light around a four-mile circumference. It was the most powerful particle accelerator in the world for 25 years.</p><p><i></i></p><p><i><img alt="Irwin Jacobs receives NMTI from President Clinton" src="https://www.uspto.gov/blogdata/img/Clinton682.jpg"></i></p><i>Irwin Jacobs received the NMTI from President William J. Clinton. (Photo courtesy of the William J. Clinton Presidential Library and Museum)</i><p></p><p><a href="https://nationalmedals.org/laureate/irwin-m-jacobs/" target="_blank">Irwin Jacobs</a>, co-founder of Qualcomm, received the NMTI in 1994 for taking a military technology called Code Division Multiple Access (CDMA) and transforming it into 3G cellular and wireless networks. 3G allows multiple conversations to share the same frequencies simultaneously. This, in turn, allowed for more customers and fewer cellphone towers—and made wireless technology more affordable.</p><p><i><img alt="image alternate text" src="https://www.uspto.gov/blogdata/img/BushWest682.jpg"></i></p><i>James West receives the NMTI from President George W. Bush. (Photo courtesy of the National Science and Technology Medals Foundation)</i><p></p><p><a href="https://nationalmedals.org/laureate/james-edward-maceo-west/" target="_blank">James West</a> received the NMTI in 2006 for co-inventing the foil electret microphone, which is used in phones, computers, hearing aids, and many other devices. Over two billion electret microphones are currently produced every year. After working at Bell Labs for 40 years, West is still inventing as a faculty member at Johns Hopkins University. He is also a lifelong advocate for increasing diversity in science, technology, engineering, and math fields.</p><p><i><img alt="Yvonne Brill receives NMTI from President Barack Obama" src="https://www.uspto.gov/blogdata/img/Obama682.jpg"></i></p><i>Yvonne Brill receives the NMTI from President Barack Obama. (Photo by Arva Adams/USPTO)</i><p></p><p><a href="https://nationalmedals.org/laureate/yvonne-c-brill/" target="_blank">Yvonne Brill</a> received the NMTI in 2010 for inventing a rocket propulsion system to keep communications satellites in their orbits—a remarkable achievement for a woman who was not allowed to major in engineering in college and chose to major in chemistry and mathematics instead. Brill is believed to be the only woman in the United States who was working in rocket science in the mid-1940s. She advocated for women in engineering and science throughout her career.</p><p>We are honored to celebrate the best minds in American innovation whose creations have improved our world and kept the United States at the forefront of global technology and economic leadership. For more information on the NMTI and the award process, attend the <a href="https://www.uspto.gov/learning-and-resources/ip-programs-and-awards/national-medal-technology-and-innovation/national-0" target="_blank">webinar on June 2</a>, <a href="http://public.govdelivery.com/accounts/USPTO/subscriber/new?topic_id=USPTO_30" target="_blank">sign up for the USPTO Awards newsletter</a>, or contact us at nmti@uspto.gov.</p>
https://www.uspto.gov/blog/director/entry/modernizing-patent-filing-with-docx
Modernizing patent filing with DOCX
USPTO
2021-05-25T06:49:36-04:00
2022-03-29T10:51:17-04:00
<p><i>Guest blog by Acting Commissioner for Patents Andrew Faile and Chief Information Officer Jamie Holcombe</i></p><p><strong>Update:</strong> The USPTO has issued a <a href="https://www.federalregister.gov/public-inspection/2021-25368/setting-and-adjusting-patent-fees-during-fiscal-year-2020" target="_blank"><u><font color="#0066cc">federal register notice</font></u></a> delaying the effective date of the non-DOCX surcharge fee from January 1, 2022 to January 1, 2023, giving applicants more time to adjust to filing their patent applications in DOCX format. Sections of this blog have been updated to reflect the delayed effective date of the surcharge.<br></p><p><img alt="DOCX promtional image" src="https://www.uspto.gov/blogdata/img/DOCXlightswitch2682.jpg"></p>At the USPTO, we are continuously working to modernize and streamline our patent application systems. As part of that ongoing effort, you can now file patent application-related documents in DOCX format through EFS-Web and Patent Center. Keep reading to learn more about DOCX, its benefits, and opportunities to provide feedback on implementation.<p></p><p>DOCX is a word-processing file format supported by many popular applications, such as Microsoft Word, Google Docs, and LibreOffice. As an open standard format, DOCX offers a safe and stable basis for authoring and processing intellectual property documents.</p><p>Filing in DOCX provides you with many benefits in the application process, including:</p><ul><li><b>Increased efficiencies:</b> eliminates the need to convert structured text into a PDF for filing.</li><li><b>Higher data quality:</b> reduces conversion errors that can occur when converting to a PDF file.</li><li><b>Smarter interface:</b> detects common errors, such as formatting errors, and provides instant feedback to prevent unnecessary delays in processing your application.</li><li><b>Privacy:</b> provides automatic metadata detection (e.g. track changes and comments) and removal features to support the submission of only substantive information in the DOCX file.</li><li><b>Improved application quality:</b> provides content-based validations pre-submission, identifying issues up front and allowing for them to be addressed before examination begins.</li><li><b>Ease of use:</b> provides automated document indexing.</li><li><b>Compatibility:</b> eliminates the non-embedded font error, the most common obstacle in uploading a PDF, by uploading your file with supported fonts.</li></ul><br><p>We believe that meaningful improvements to our application processes can only happen through collaboration with our users. To that end, we received helpful feedback last year after the publication of our <a style="background-color: rgb(255, 255, 255);" href="https://www.federalregister.gov/documents/2020/08/03/2020-16559/setting-and-adjusting-patent-fees-during-fiscal-year-2020" target="_blank">federal register notice</a> that prompted us to make a few changes as we transition to the DOCX format.<br></p><p>First, we delayed the effective date for the non-DOCX surcharge fee, to provide more time for applicants to transition to this new process, and for the USPTO to continue our outreach efforts and address customer concerns. We’ve also made office actions available in DOCX and XML formats and further enhanced DOCX features, including accepting DOCX for drawings in addition to the specification, claims, and abstract for certain applications.</p><p>Additionally, based on what we’ve heard from our customers, we are adopting the submitted DOCX files as the authoritative document, otherwise referred to as the source or evidentiary copy (read the <a href="https://www.federalregister.gov/documents/2021/06/02/2021-11256/submitting-patent-applications-in-structured-text-format-and-reliance-on-the-text-version-as-the" target="_blank">federal register notice</a>). This will simplify the filing process, allowing the applicant to only review the DOCX files before submission rather than reviewing the USPTO-generated PDF version.</p><p>We look forward to continuing our engagement with the public on the DOCX transition so we can better serve America’s innovation community. We will be hosting <a href="https://www.uspto.gov/about-us/events/patents-docx-filing" target="_blank">DOCX training sessions</a> on a regular basis to provide more information, demonstrate how to file and retrieve DOCX files in Patent Center, EFS-Web, and PAIR, and answer any questions. Applicants can also file test submissions through <a href="https://patentcenter.uspto.gov/#!/?trainingMode=1" target="_blank">Patent Center training mode</a> to practice filing in DOCX. In addition, we will offer a listening session this fall to gather feedback and suggestions to further improve DOCX features.</p><p>For more information and to view frequently asked questions, visit the <a href="https://www.uspto.gov/patents/docx" target="_blank">DOCX page of the USPTO website</a>. If you need assistance, please contact the <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-electronic-business-center" target="_blank">Patent Electronic Business Center</a> at <a style="background-color: rgb(255, 255, 255);" href="mailto:ebc@uspto.gov">ebc@uspto.gov</a> or 866-217-9197.</p>
https://www.uspto.gov/blog/director/entry/spotlight-on-commerce-hannah-wang
Spotlight on Commerce: Hannah Wang, Primary Patent Examiner
USPTO
2021-05-20T10:28:17-04:00
2021-05-20T11:19:46-04:00
<p><a href="https://www.commerce.gov/news/blog/2021/05/spotlight-commerce-hannah-wang-primary-patent-examiner-us-patent-and-trademark" target="_blank"><em>Guest blog post</em></a><em> by Hannah Wang, Primary Patent Examiner, U.S. Patent and Trademark Office (USPTO)</em></p><p><br></p><p></p><p><img alt="Hannah Wang portrait" src="https://www.uspto.gov/blogdata/img/Wang682.jpg"></p><em>Hannah Wang, Primary Patent Examiner, USPTO</em><br><p></p><p>As a primary patent examiner at the Commerce Department's United States Patent and Trademark Office (USPTO), I handle patent applications in the area of computer networking. In addition, I have the privilege of currently serving as president of the Asian Pacific American Network (APANET), one of the largest affinity groups across the federal government. I also recently became a co-host of our workgroup’s Quality Enhancement Meetings (QEM). These QEMs provide patent examiners with the opportunity to learn about various topics and bring up any questions related to patent examining.</p><p>During my undergraduate studies in China, I pursued a major in Electrical Engineering, focusing on circuits and signal processing. In 2007, I moved to the United States to pursue my master’s degree at George Washington University, focusing on communication networks. Afterward, I attended Cornell University and earned a master’s degree in engineering management. At the time, I wanted to prepare myself for a career in consulting. However, life always has a way of surprising you. I happened to take a job as a patent analyst at a patent firm. That job opened my eyes to the patent field and changed my career path. I discovered my passion for a field that perfectly integrated my engineering expertise with innovation and law. When the opportunity arose, I decided to join the USPTO in 2016 to further pursue this passion. Today I am proud to be part of an amazing agency that serves as the backbone of American innovation. </p><p>Asian American and Native Hawaiian/Pacific Islander (AANHPI) Heritage Month is a perfect time to reflect on how far the AANHPI community has come and to celebrate the AANHPI community’s integral role in our Nation’s accomplishments and developments. During this month, we are not only reminded of the sacrifices and hardships experienced by past generations, but also to cherish the valuable equality and opportunities we have today. These reflections motivate us to continue working diligently and to provide an even better foundation for future generations. As a first-generation immigrant, it is very special to have my culture recognized, shared, and celebrated with so many people across the Commerce Department and the country. During this Covid-19 pandemic, it is especially important to raise awareness, promote diversity, and offer support to our AANHPI community.</p><p>The strength of the USPTO’s AANHPI community is reflected in the growth of APANET throughout the years. I am extremely proud that APANET has grown from 10 members when it was created to more than 800 members today. APANET hosts annual events every year for our members and USPTO employees. Events include our Lunar New Year celebration, AANHPI Heritage Month celebration, dragon boat races, and Diwali celebration, to name a few. Serving as the president of APANET provides me with many opportunities to collaborate with colleagues and coordinate events outside of patent examining. I am truly grateful that I can grow with APANET, provide help and services to others, and learn how to become an effective leader.</p><p>As a career civil servant at the USPTO, my job helps foster an environment that creates economic growth and opportunity. I can’t think of anything more impactful than protecting and expanding innovation in the U.S. through intellectual property. It helps create new jobs for Americans and advance our nation. My advice for those interested in a federal career is to not be afraid of exploring new things and changing original plans. As we explore, we discover new interests and develop new skills. Although this can mean deviating from our original plan, it can also lead to an even more suitable career path. The federal government offers a variety of opportunities that are a good fit for talented and hard-working individuals. Being willing to explore these opportunities will help you find your passions, talents, and a successful career path.</p><p><strong><em>Ed. note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce employees during Asian American and Native Hawaiian/Pacific Islander Heritage Month.</em></strong><br></p>
https://www.uspto.gov/blog/director/entry/the-trademark-modernization-act-what
The Trademark Modernization Act: What brand owners need to know
USPTO
2021-04-22T06:26:24-04:00
2021-04-22T07:57:15-04:00
<p><em>Guest blog by David Gooder, Commissioner for Trademarks at the USPTO</em></p><p><img alt="Trademark modernization" src="https://www.uspto.gov/blogdata/img/TM682.jpg"></p>Sustaining and promoting a healthy, vibrant trademark system is at the core of what we strive to do at the USPTO. That is why we welcomed the passage and signing of the Trademark Modernization Act (TMA) this past December. The TMA includes key provisions that will give the USPTO and trademark owners additional tools to better protect and strengthen the integrity of the federal trademark register.<p></p><p>To help drive U.S. innovation, in 1946, Congress passed the United States Trademark Act, widely known as the Lanham Act. This federal statute sets out procedures for the registration of trademarks. Trademark owners may apply for a U.S. registration if they are either using the mark at the time of filing or have intent to use the mark in commerce. However, actual use of the trademark in commerce is required to obtain and maintain a U.S. registration. </p><p>In recent years, the USPTO has received an increasing number of trademark filings with dubious and sometimes bogus claims of use. This raises concerns about invalid registrations that clutter the register and interfere with the adoption of new marks. It is in this arena that the TMA will provide brand owners and the USPTO with the following powerful new tools:</p><ul><li>The TMA codifies the Letter of Protest procedure, which allows third parties to submit evidence during the examination of trademark applications, including evidence that claims of use in an application are inaccurate. </li><li>The TMA gives the USPTO the authority to shorten response deadlines in order to move applications more quickly through the system, thereby allowing us to swiftly dispose of applications where fraud or other deceptive or deceitful behavior is evident. </li><li>The TMA provides new registration cancellation mechanisms so that third parties or the USPTO Director may challenge registrations that are not in use without having to engage in more expensive proceedings before the Trademark Trial and Appeal Board.</li></ul><br><p>Efforts to implement these and other provisions of the TMA are well underway, with the deadline for implementation set for December 27, 2021. Public feedback has been and will continue to be essential to USPTO’s rulemaking process. Brand owners and stakeholders can learn more by visiting the Trademark <a href="https://www.uspto.gov/trademarks/laws/2020-modernization-act" target="_blank">Modernization Act page</a> of the USPTO website, emailing <a href="mailto:TMFeedback@uspto.gov">TMFeedback@uspto.gov</a> with any feedback, or by viewing the <a href="https://www.uspto.gov/learning-and-resources/uspto-videos/roundtable-implementation-trademark-modernization-act" target="_blank">recording of our public roundtable</a> on the implementation of the TMA held on March 1, 2021. Further, there will be the opportunity to submit formal comments on the Federal Register website next month when a Notice of Proposed Rulemaking is published.</p><p>Our trademark ecosystem will benefit greatly from these important new provisions which will remove clutter and provide greater access to new marks, thus benefiting businesses and entrepreneurs throughout the United States.</p>
https://www.uspto.gov/blog/director/entry/uspto-concludes-successful-women-s
USPTO concludes successful Women’s Entrepreneurship Symposium
USPTO
2021-04-01T10:02:14-04:00
2021-04-26T07:34:54-04:00
<p><a href="https://www.commerce.gov/news/blog/2021/03/commerces-uspto-concludes-successful-womens-entrepreneurship-symposium" target="_blank">A blog about the USPTO from the U.S. Department of Commerce</a>.<br></p><p><p></p><p><p><p><a href="https://www.commerce.gov/news/blog/2021/03/commerces-uspto-concludes-successful-womens-entrepreneurship-symposium" target="_blank"><img alt="WES logo" src="https://www.uspto.gov/blogdata/img/WES682.jpg"></a></p><p><br></p><p>The USPTO hosted the final installment of the 2021 <a href="https://www.uspto.gov/about-us/events/womens-entrepreneurship-symposium-4" target="_blank">Women’s Entrepreneurship Symposium</a> (WES) on March 31, where participants heard from a diverse panel of successful women innovators who shared their stories of entrepreneurship and the challenges they faced along the way.</p><p>WES, an annual event launched in 2011, has proven to be one of the USPTO’s most popular programs to date. Over 6,000 attendees tuned in this year to hear lessons learned, helpful tips, and resources for women entrepreneurs to protect the various forms of intellectual property (IP) which might be present in their businesses - namely patents, trademarks, copyrights, and trade secrets. </p><p>The speakers at the March 31 session described how they got to where they are, and what they recommend for all the aspiring young women in our country. They also addressed the vital role of IP protection, how to identify a market segment for growth, and discussed best practices and successful habits in today’s changing business climate.</p><p>Panelists included Janeya Griffin, Founder and CEO, The Commercializer; Rea Huntley, Founder and CEO, Lavii INC; and Sarah Gibson Tuttle, Founder and CEO, Oliver and June. Dr. Lisa Cook, Professor at Michigan State University, and Edison Research Fellow at the USPTO, moderated the panel. </p><p>Throughout the month of March, WES offered engaging, expert panels featuring successful women entrepreneurs, notable inventors, and subject matter experts from the USPTO, the International Trade Administration and the Small Business Administration.</p><p>In addition, the discussions focused on important topics such as expanding opportunities for women and underrepresented groups in innovation, increasing educational opportunities for girls and women in invention and STEM, and highlighting the role women entrepreneurs play in innovation and economic growth.</p><p>View the <a href="https://www.youtube.com/playlist?list=PL9BtHzl4w-dkUZJ8nrtSq3z6ppJmr2Mgn" target="_blank">playlist of all WES sessions</a> on the USPTO’s YouTube page and browse <a href="https://www.uspto.gov/about-us/events" target="_blank">all upcoming USPTO events</a>.<br></p><p></p>
https://www.uspto.gov/blog/director/entry/spotlight-on-commerce-valencia-martin
Spotlight on Commerce: Valencia Martin-Wallace, Deputy Commissioner for Patents, USPTO
USPTO
2021-03-22T12:25:51-04:00
2021-03-23T05:41:07-04:00
<p><a href="https://www.commerce.gov/news/blog/2021/03/spotlight-commerce-valencia-martin-wallace-deputy-commissioner-patents-us-patent" target="_blank"><em>Guest blog post</em></a><em> by Valencia Martin-Wallace, Deputy Commissioner for Patents, USPTO</em><p><img alt="Photo of Valencia Martin-Wallace" src="https://www.uspto.gov/blogdata/img/Wallace682.jpg"></p><em>Valencia Martin-Wallace, Deputy Commissioner for Patents, USPTO (Photo by Jay Premack/USPTO)</em><p></p><p>As the Deputy Commissioner for Patents at the USPTO, I am responsible for leading the organization’s international patent cooperation programs and initiatives. I also have oversight of the technology centers responsible for examining patent applications in the fields of telecommunications, mechanical technologies, and design.<p>I graduated with a B.S. in electrical engineering from Howard University, where I learned alongside a wonderful group of students from diverse backgrounds. After flexing my engineering muscle for three years, I decided to pursue intellectual property (IP) law at George Washington University School of Law. At about the same time, I began my career at the USPTO as a patent examiner. After graduating from law school, I realized public service at the USPTO was the right career choice for me. Nearly 29 years later, I’m still a member of the USPTO community. I would not be where I am today, in an exciting career in IP, without the support and guidance of very progressive parents, teachers, and mentors, and the examples set before me by talented women scientists, engineers, and attorneys.<p>I also have the unique pleasure and responsibility of being the executive lead, assisting the Director of the USPTO, with establishing the <a href="https://www.uspto.gov/initiatives/expanding-innovation/national-council-expanding-american-innovation" target="_blank">National Council for Expanding American Innovation</a> (NCEAI) and the development of the national strategy for expanding American innovation.</p><p>The NCEAI consists of leaders from every corner of the innovation ecosystem; it was established to help guide the USPTO in developing a comprehensive national strategy to build a more diverse and inclusive innovation ecosystem by encouraging participation of women and other underrepresented groups. This strategy will be organized by a broad conceptual framework that considers the entire pathway along which interest and expertise in intellectual property and innovation is cultivated and nurtured in an individual.</p><p>I am honored to be a part of the Department of Commerce USPTO family during this groundbreaking period in the history of intellectual property. I feel privileged to be a part of this movement to increase participation in our innovation ecosystem by inspiring, empowering, and supporting all future inventors and entrepreneurs. These efforts will advance innovation and help our Nation’s economy grow.</p><p>Whenever I have the opportunity to talk to young women about intellectual property, I encourage them to challenge their minds through the fields of sciences, technology, engineering, and math. I know they would find the same fulfillment in these fields that I have always found. I also urge them to work hard, take pride in a job well done, never limit themselves, and reach back to help those who come behind them.</p><p>During Women’s History Month, I celebrate the accomplishments of the women engineers and scientists who have paved the way for me and many women just like me. I revel in the contributions of the women who have played a vital role in advancing our great country. Women like Beulah Louise Henry, a prolific inventor with 49 U.S. patents and over 100 inventions credited to her name; Marian Croak, a pioneer in the advancement of Voice over Internet Protocol (VoIP) who holds over 200 patents; and Ellen Ochoa, the first Hispanic-American woman in space and co-inventor on three patents. These and so many other women inventors are an inspiration and I look forward to seeing how future women innovators and entrepreneurs will shape our world.</p><p><em><strong>Ed. note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce employees during Women’s History Month.</strong></em></p><p></p>
https://www.uspto.gov/blog/director/entry/artificial-intelligence-tools-at-the
Artificial intelligence tools at the USPTO
USPTO
2021-03-18T06:12:11-04:00
2021-03-19T10:51:27-04:00
<p><em>Blog by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em></p><p><img style="width: 100%;" alt="Artificial intelligence image" src="https://www.uspto.gov/blogdata/img/AIimagelg682.jpg"></p>Among the most important technological developments has been the advent of <a href="https://www.uspto.gov/initiatives/artificial-intelligence" target="_blank">artificial intelligence</a> (AI), a transformative technology that promises tremendous societal and economic benefits. USPTO operations can be one of its beneficiaries. The integration of AI technologies into next generation tools offers an exciting opportunity to enhance the quality and efficiency of patent and trademark examination.<p></p><p>To incorporate AI into our examination tools and processes at the USPTO, we’ve undertaken a comprehensive development strategy including extensive market research and rigorous testing of a wide range of proof-of-concepts to identify the best solutions. Our objective is not just to deploy smarter technology, but to build a smarter organization by coupling the strengths of our workforce with the strengths of AI. This is the beginning of a whole new trajectory in how we leverage technology to transform patent and trademark operations for the better.</p><p>We are incorporating AI tools into two critical areas of patent examination: search and classification.</p><p>Performing a complete prior art search is a critically important component of the patent examination process and the USPTO’s mission to issue reliable patent rights. However, the exponential growth of prior art and tremendous pace of technological innovation make it increasingly more difficult to quickly discover the most relevant prior art. To meet this challenge, we have developed an AI-based prototype search system that helps to identify relevant documents and provides suggestions for additional areas to search. In addition to providing world-class patent AI models, the system is designed to learn from the world’s greatest patent searchers, our USPTO examiners. The system is configured to automatically capture feedback data from our examiners to yield additional enhancements over time. We are also developing features to help examiners interpret results generated by the AI models to provide transparency into the system. A beta version of this new AI tool was released to a subset of examiners in March 2020. Assessments conducted to date yielded promising results, and steps are being taken to incorporate AI into our next generation search tool for examiners.</p><p>We also developed an auto-classification tool that leverages machine learning to classify patent documents using the Cooperative Patent Classification (CPC) system. The system can suggest CPC symbols, and includes the ability to identify claimed subject matter for additional refinement of the suggested CPC symbols similar to our AI search system. The auto-classification system also includes indicators that provide users with insight into the reasoning of the AI, by linking suggested CPC symbols to specific portions of the document. Enhanced feedback mechanisms designed into the system integrate with our existing classification processes to support training the AI. Based on an analysis of system performance, the USPTO implemented auto-classification in December 2020 to automatically identify claimed subject matter with CPC for internal operations. As a result, the agency is realizing reductions in procurement expenditures for acquiring CPC data. Additionally, we are continuing to develop further capabilities to support a broader range of patent classification requirements at the USPTO.</p><p>These successes are demonstrating the value of applying AI to improve the agency operations and strengthen the IP system. To continue building from these successes, our Patents team has expanded their investigations to explore potential new opportunities to leverage AI. For example, research is now underway on AI-based image search capabilities which could open up whole new ways to retrieve prior art. This could be particularly useful for searching patent applications where examiners rely heavily on images for making patentability determinations, such as design patent applications.</p><p>On the Trademarks side, we recently completed market research in AI capabilities for image comparison and for checking the acceptability of identification of goods and services against the entries in the Trademarks ID Manual. The USPTO team developed AI prototypes to compare trademark images, to suggest the correct assignment of mark image design codes, and to determine the potential acceptability of the identifications of goods and services. A beta test of these prototypes through a common user interface with approximately 10 stakeholders began in November 2020 and continues, with a larger beta possible later this year. In addition, the USPTO has tested solutions for false specimen detection capabilities using a software program, which was integrated on December 1, 2020 into the agency’s efforts to identify digitally manipulated specimens of use or mock-ups of web pages. Finally, a prototype of an AI based chatbot for answering frequently asked questions via the USPTO website could be ready for beta testing later this year.</p><p>Overall we have achieved some remarkable milestones and made great strides toward integrating AI into the USPTO’s day-to-day functions. Stay tuned for more exciting updates from the USPTO on AI in the near future.</p>
https://www.uspto.gov/blog/director/entry/uspto-celebrates-american-women-inventors
USPTO celebrates American women inventors and entrepreneurs
USPTO
2021-03-15T04:41:42-04:00
2021-03-19T10:45:53-04:00
<p><em>Editor's note: This is a <a href="https://www.commerce.gov/news/blog/2021/03/commerces-uspto-celebrates-american-women-inventors-and-entrepreneurs" target="_blank">blog about the USPTO</a> from the U.S. Department of Commerce.</em><p>Most Americans have likely heard of Thomas Edison, Albert Einstein, or Alexander Graham Bell. But what about Harriet Strong, Frances Arnold, and Juliette Gordon Low? These and so many more women inventors and scientists have made lasting contributions to our nation’s history. They have inspired future generations of innovators to change the world with their ideas.</p><p>In honor of Women’s History Month, as part of its mission to protect and promote the ingenuity of American inventors and entrepreneurs, the Department of Commerce’s U.S. Patent and Trademark Office (USPTO) is sharing the stories of notable women innovators, past and present. A few of these stories are highlighted below, but we encourage you to take a moment to learn more about these incredible women through the USPTO’s popular <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation" target="_blank">Journeys of Innovation series</a> and on <a href="https://twitter.com/uspto" target="_blank">social media</a>.</p><p><a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/historical-stories/patent-girls-empowerment" target="_blank">Juliette Gordon Low</a> founded the Girl Scouts of the USA and patented the organization’s iconic trefoil badge in 1914. A three-leafed clover design adapted from the Boy Scouts’ similar badge, Low’s trefoil suggested a fundamental equality between girls and boys on the eve of women’s suffrage and continues to signal girls’ invaluable contributions to American life and culture. </p><p><br></p><p><p><img style="width: 100%;" alt="Juliette Gordon Low patent" src="https://www.uspto.gov/blogdata/img/Low1682.jpg"></p><em>Juliette Gordon Low received U.S. design patent No. 45,234 on February 10, 1914 for the trefoil, worn as a badge for the Girl Scouts.</em> <p></p><p>In 2018, <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/beyond-nobel" target="_blank">Frances Arnold</a> became the first American female Nobel laureate in chemistry, for her work in harnessing the power of evolution to create new proteins that have useful properties not found in nature. She has devoted her 30-year career to making chemistry green, clean, and more efficient. A winner of the National Medal of Technology and Innovation, an inductee in the National Inventors Hall of Fame, and currently serving as co-chair of the President’s Council of Advisors on Science and Technology, she is passionate about mentoring the next generation of young scientists.</p><p><img style="width: 100%;" alt="Nobel Laureate Frances Arnold" src="https://www.uspto.gov/blogdata/img/Arnold682.jpg"><em>Nobel laureate and inventor Frances Arnold. (Photo courtesy of Caltech)</em></p><p>A pioneer in advanced technologies, <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/positively-connected" target="_blank">Marian Croak</a>, holds more than 200 patents and has over 100 pending applications. Her many achievements include pioneering work advancing the Voice over Internet Protocol (VoIP) with inventions that made internet phone calls more reliable and secure; text-to-donate technology inspired by Hurricane Katrina that revolutionized how people give to charitable organizations; and work on the telephone network and voting system used for American Idol®. Now a Vice President of Engineering at Google, she focuses on reliability engineering to improve the performance of Google systems and services.<br></p><p><em<p><img style="width: 100%;" alt="Marian Croak speaks at Google for India event" src="https://www.uspto.gov/blogdata/img/Croak682.jpg"></em<p><em>Marian Croak speaks at the Google for India event in 2015. (Photo courtesy of Google)</em></p><p><a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/thinking-herd" target="_blank">Temple Grandin</a> is an inventor, professor, author, inspirational speaker, and a leading advocate for the humane treatment of livestock. Unable to speak until almost age four, no one expected Temple Grandin to do much in life, let alone become one of the world’s compelling voices in science and innovation. Now, Grandin is one of the world’s most well-known autistic individuals and proponents of neurodiversity and also holds a U.S. patent for her farm animal handling system. On March 25, don’t miss the <a href="https://www.uspto.gov/learning-and-resources/kids-educators/differing-abilities-stem" target="_blank">webinar on differing abilities in STEM</a>, featuring Temple Grandin, and hosted by the U.S. Department of Education and the USPTO.</p><p><em><img style="width: 100%;" alt="USPTO's Joyce Ward presents Temple Grandin with her inventor trading card" src="https://www.uspto.gov/blogdata/img/Grandin682.jpg"><em>USPTO’s Director of Education and Outreach Joyce Ward presents Temple Grandin with an oversized copy of her inventor trading card and her livestock handling designs. <a href="https://www.uspto.gov/kids/cards.html" target="_blank">USPTO Inventor Trading Cards</a> aim to inspire children with stories of diverse inventors. (Photo by Unsu Jung/USPTO)</em></em></p><p>Since she was a child, <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/tiny-particles-make-big-impact" target="_blank">Sangeeta Bhatia</a> has enjoyed figuring out how things work. Now a biomedical researcher, MIT professor, and biotech entrepreneur, she has invented human microlivers to study drug metabolism and liver disease as well as nanoparticles that help diagnose, study, and treat ailments like cancer. Bhatia has also received the prestigious Heinz Award for her groundbreaking innovations and advocacy of women in STEM fields.</p><p><em><img style="width: 100%;" alt="Inventor Sangeeta Bhatia in the lab" src="https://www.uspto.gov/blogdata/img/Bhatia682.jpg"><em>Sangeeta Bhatia and her students have explored the use of CRISPR-Cas9, a genome editing tool, for the treatment of hepatitis B. (Photo courtesy of Justin Knight)</em></em></p><p><a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/field-stories/establishing-new-fit" target="_blank">Hinda Miller, Polly Smith, and Lisa Lindahl</a> created the sports bra, a true entrepreneurial endeavor which has spurred women’s participation in athletic activities and advanced women’s health and well-being. Originally designed to decrease discomfort for female runners, their invention has since become a necessity for female athletes and a modern fashion staple. The empowering story of these three women offers a compelling example of determination, ingenuity, and creativity.</p><p><br></p><em><img style="width: 100%;" alt="Inventors of the sports bra" src="https://www.uspto.gov/blogdata/img/Jogbra682.jpg"></em><em>From left: Inventors of the sports bra Polly Smith, Lisa Lindahl, and Hinda Miller. (Photo by Jay Premack/USPTO)</em><p></p><p>The USPTO is dedicated to encouraging and equipping Americans across all demographics and throughout the United States to become innovators, and to ensuring they have equal opportunities to succeed. One exciting initiative, the <a href="https://www.uspto.gov/initiatives/expanding-innovation/national-council-expanding-american-innovation?MURL=ExpandingAmericanInnovation" target="_blank">National Council for Expanding American Innovation</a> (NCEAI) is strategizing new ways to expand American innovation by tapping into the strength of our nation’s diversity and increasing the opportunities for all Americans to participate in innovation. Comprised of <a href="https://www.uspto.gov/initiatives/expanding-innovation/national-council-expanding-innovation/members-national-council" target="_blank">respected leaders in the private and public sectors</a>, one of the foremost priorities for the Council is to help the USPTO develop a long-term comprehensive plan aimed at expanding participation in America’s innovation ecosystem among women, minorities, and other underrepresented groups. Learn more about NCEAI and other USPTO initiatives, events, and resources on the <a href="https://www.uspto.gov/initiatives/expanding-innovation" target="_blank">Expanding Innovation page of the USPTO website</a>.</p>
https://www.uspto.gov/blog/director/entry/the-growing-importance-of-international
The growing importance of international cooperation to the protection of industrial designs
USPTO
2021-03-01T03:16:51-05:00
2021-03-01T05:24:31-05:00
<p><em>Blog by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Mary Critharis, Chief Policy Officer and Director of International Affairs of the USPTO</em></p><p><img alt="ID5 logo" src="https://www.uspto.gov/blogdata/img/ID5682.jpg"></p>Industrial design has been an essential aspect of developing new products since the beginning of the industrial revolution in the 18th century. This focus on making a product more appealing and intuitive to the user by improving its appearance, function, and manufacturing has driven designers for centuries and touches our everyday lives––from making a toothbrush fit more easily in one’s hand, to creating automobile dashboards that are easier to comprehend.<p></p><p>Today industrial design helps turn complex technologies into products that can be used by billions of people, surmounting massive differences in language and culture. But with industrial design’s growing complexity, its exponential growth in importance in our time, and the advent of new technologies—such as personal computing and the numerous digital devices on the market today—it is important to ensure that our systems for protecting designs are meeting the needs of global designers. </p><p>In response to these challenges, the world’s five largest industrial design offices—the China National Intellectual Property Administration, European Union Intellectual Property Office, Japan Patent Office (JPO), Korean Intellectual Property Office (KIPO), and the United States Patent and Trademark Office (USPTO)—came together in 2015 to create the Industrial Design 5 Forum, or ID5. Their goal was straightforward: the five offices pledged to “promote and further the development of user-friendly, highly efficient and interoperable industrial design protection systems.”</p><p>The ID5 celebrated its fifth anniversary in October 2020 at the annual meeting hosted by the United States (and the forum’s first-ever virtual meeting). Meeting virtually may have been driven by necessity, but it highlighted the forum’s versatility and provided representatives from the five intellectual property offices with the opportunity to take stock of the impressive progress they have made since 2015 and to map a way forward for future cooperation. </p><p>Those accomplishments include:</p><ul><li>Implementation of the World Intellectual Property Organization (WIPO) <a href="https://www.wipo.int/das/en/" target="_blank">Digital Access Service</a> for designs. This electronic document exchange system has made the process of seeking design protection in multiple jurisdictions around the world significantly more efficient, and has resulted in substantial cost savings for patent applicants. (And, given the challenges presented by the pandemic in obtaining certified paper copies of applications, has eliminated countless problems and headaches for applicants across the globe.)</li><li>Agreement by the JPO, KIPO, and USPTO on a set of common recommended design formalities practices. This agreement is in line with the draft Design Law Treaty that is currently still pending at WIPO.</li><li>Completion of 16 projects and comparative studies providing patent applicants with numerous new comparative reference manuals to help them more easily navigate the global design patent system. Key topics include eligibility, grace period, partial designs, and 3D printing.<br></li></ul><br><p>For U.S. patent holders and applicants, these accomplishments mean simplified electronic procedures for design patent filings abroad, and the availability of a set of tools to help them understand the practices and procedures of the five partner offices where international protection is most often sought. </p><p>Over the coming years, it will be essential for the USPTO and its international partners to work together through forums such as the ID5 to anticipate and address the challenges that still exist in the global design system for applicants. The ID5 partners recognized this at their October meeting by undertaking a number of new projects, including studies on term and renewal of protection and deferred publication and examination. They also made plans to engage in further discussions regarding the use of new technologies in examining and issuing industrial design rights.</p><p>In addition, the ID5 partner offices underlined the importance of soliciting stakeholder input in the forum’s deliberations by unveiling a joint communication plan that will allow for improved engagement with stakeholders. </p><p>Finally, recognizing the important role of intellectual property offices in the current climate, the offices pledged in <a href="http://id-five.org/wp-content/uploads/2020/11/TM5-ID5jointCOVIDmessageFINAL.pdf" target="_blank">a special joint statement on COVID-19</a> that they “stand united in their efforts to respond to the pandemic and to continue to strengthen the international intellectual property system.”</p><p>More than ever, industrial designs are being used around the world to create intuitive interfaces that turn complex technologies into useful tools. Facilitating their development and protection within a workable, international framework will be important to meeting the needs of the international design community. The USPTO is hard at work with its ID5 partners to meet this collective challenge, and is actively engaged with U.S. stakeholders, through such means as a recent <a href="https://www.uspto.gov/about-us/events/international-forum-protection-industrial-designs" target="_blank">forum on global trends in industrial design</a>, to ensure that the latest developments in international design protection are made widely known. To learn more, visit the <a href="http://id-five.org/" target="_blank">ID5 website</a>. </p>
https://www.uspto.gov/blog/director/entry/spotlight-on-commerce-larita-jones
Spotlight on Commerce: LaRita Jones, Division Chief, Office of Human Resources, USPTO
USPTO
2021-02-21T10:51:21-05:00
2021-02-21T10:51:21-05:00
<p><a href="https://www.commerce.gov/news/blog/2021/02/spotlight-commerce-larita-jones-division-chief-office-human-resources-us-patent" target="_blank"><em>Guest blog post</em></a><em> by LaRita Jones, Division Chief, Office of Human Resources, USPTO</em><br></p><p><p><img alt="LaRita Jones" src="https://www.uspto.gov/blogdata/img/LaRita682.jpg"></p><em>LaRita Jones, Division Chief, Office of Human Resources, USPTO</em><p></p><p>Black History Month is a time to honor and show gratitude to African Americans who have made contributions – whether extraordinary or minute, well-known or untold – to better humanity in some way. It is a time to express pride as we reflect on a heritage full of triumph over the harshest of adversities and celebrate innovations we have made in the arts, science, and technology and our achievements in politics and business. It is a time to remember the Black heroes of the past while uplifting our heroes of today.</p><p>A personal hero of mine is my father, Carl Ross. He was a career Army soldier who served two tours in Vietnam and retired as a master sergeant. He performed his duty with the highest work ethic and took so much pride in defending his country, even when fellow soldiers and officers did not treat him as their equal. I admire him for leading a life of bravery, honor, and integrity despite all the barriers to equality that he faced.</p><p>I remember him meticulously pressing his uniform and polishing the toes of his combat boots so perfectly that I could see my reflection. My father taught me that education was the top priority and that hard work starts with showing up and ready to work hard every day. He said that being a committed, responsible individual who can be trusted is important, particularly when things are not fair or favorable. I have leaned on all that my dad taught me about having integrity and dignity, showing up every day, working hard, and treating others with respect – even when I did not receive the same in return.</p><p>That advice was especially relevant when I attended the University of Washington to earn a degree in Sociology. There were few African Americans enrolled here and it was not always easy. As a way to connect with other students of color, I joined Alpha Kappa Alpha Sorority, Inc. and volunteered in communities with other Black sororities and fraternities.</p><p>It was through this sisterhood that I gained a deeper understanding of, and reverence for, my African American heritage, which is filled with heroes who continue to break barriers still today. With immense pride, I have witnessed the election of the first female, and first African American vice president Kamala Harris, who is also a member of our illustrious sorority.</p><p>Seeing my father give his entire career in service to his country and then joining an organization rooted in service to humanity, a career in public service was a natural fit for me. Currently, I serve as the division chief of a high-functioning team of human resources professionals responsible for recruitment, classification, and staffing consultation in support of the Patents business unit.</p><p>I extend my father’s advice to my employees and I can see in their work ethic that they share the same passion as I do for connecting top Science, Technology, Engineering and Mathematics (STEM) talent with fulfilling careers at the Commerce Department’s U.S. Patent and Trademark Office (USPTO). Careers in government are more progressive, inclusive, and agile than ever before. Opportunities today seem limitless compared to when I started my own government career. And I am proud to work at an agency that champions diversity and inclusion in the way that the USPTO does.</p><p>We are constantly striving to increase recruitment and retention among underrepresented populations as part of one of our agency’s key strategic goals to “recruit, enhance and sustain an engaged workforce.” As we continue to build deeper and more meaningful relationships to attract, hire, and retain talent from historically Black colleges and universities, Hispanic serving institutions, tribal and community institutions, and women in STEM organizations, it is my hope to see the USPTO significantly boost each of these employee groups in the years to come.</p><p>I also hope that my work in some way—whether extraordinary or minute—inspires students at those institutions who may not yet grasp that their personal and professional opportunities are indeed limitless, thanks in large part to the contributions of African Americans in this country.</p><p>Each celebration of Black History Month means that there is another opportunity to celebrate African American heroes. Hopefully, it also motivates and encourages future generations to value themselves and fully appreciate all they can become.</p><p><em><strong>Ed. note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce African Americans during Black History Month.</strong></em><br></p>
https://www.uspto.gov/blog/director/entry/leading-the-way-in-the
Leading the way in the IP economy
USPTO
2021-01-19T07:30:18-05:00
2021-01-19T12:20:46-05:00
<p><em>Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em><p><em><img alt="Director Iancu at PPAC in 2018" src="https://www.uspto.gov/blogdata/img/PPAC682.jpg"><em><br><em><em><em>Director Iancu at the quarterly meeting of the Patent Public Advisory Committee at the USPTO in Alexandria, Virginia on August 2, 2018. (Photo by Jeff Isaacs/USPTO)</em></em></em></em></em></p><p>At the outset of my tenure as Director of the USPTO in early 2018, I challenged the USPTO staff and stakeholders to focus on reclaiming our nation’s leadership on intellectual property, first by creating a new, pro-innovation, pro-IP dialogue and, second, by balancing our IP systems and increasing the reliability of the rights we issue.</p><p>Working together for the past three years, we did exactly that—and so much more. The list below summarizes a number of our accomplishments, but let me highlight a few. </p><p>We issued new guidance to our examiners on patent subject matter eligibility in 2019. The USPTO’s Chief Economist confirmed in a <a href="https://www.uspto.gov/about-us/news-updates/uspto-releases-report-patent-examination-outcomes-after-supreme-courts-alice" target="_blank">study released in April 2020</a> that the uncertainty of examination in this area has decreased by a remarkable 44% in the one year following publication of the guidance. </p><p>We balanced post-grant proceedings at the Patent Trial and Appeal Board through a series of carefully calibrated initiatives, including aligning the claim construction standard with the district courts, improving the amendment process, reducing duplicative proceedings, and increasing transparency and consistency of decisions. We decreased patent examination pendency to 23.3 months on average, the lowest since 2001. We also reduced the average patent appeal time to a remarkable 13 months, down from 30 months in 2015.</p><p>We reduced fraudulent trademark applications through improved technology, examination, and various new procedures. And we saw the passage of the Trademark Modernization Act, the most important trademarks legislation in decades. <p>Furthermore, we improved operations at the USPTO, and upgraded, backed up, and secured our vast data repositories, information technology systems, and telecommunications networks. We completely revamped and modernized our website. And we created artificial intelligence tools for classification, examination, and much more to come. Importantly, we maintained continuity of operations during the pandemic and during a government shutdown due to lapse in funding. <br><em></em><p><em><img alt="Director Iancu and Director Tovar of IMPI in 2020" src="https://www.uspto.gov/blogdata/img/IMPI682.jpg"></em></p><em>Director Iancu and Director General Juan Lozano Tovar, Instituto Mexicano de la Propiedad Industrial (IMPI) at the signing ceremony for the USPTO-IMPI Work-Sharing Agreement on February 5, 2020.</em><p></p><p>Internationally, we forged a broad-based coalition of countries to elect new leadership at the World Intellectual Property Organization (WIPO) that respects and champions intellectual property rights. We implemented a first-of-its-kind Parallel Patent Grant with Mexico. And we signed a patent validation agreement with Cambodia, and many MOUs with countries around the world.</p><p>We recognized the need for a renaissance in American innovation – one that opened doors for more women, minorities and geographic regions to participate in the American intellectual property system. As a result, last fall we kicked-off the inaugural meeting of the ground-breaking <a href="https://www.uspto.gov/initiatives/expanding-innovation/national-council-expanding-american-innovation" target="_blank">National Council for Expanding American Innovation</a>, which is now fully operational and in the process of helping us develop a first-ever National Innovation Strategy aimed at substantially broadening participation in the innovation economy, demographically, geographically and economically. <br><em></em><p><em><img alt="Director Iancu visits Terra Centre Elementary in Burke, VA in 2019" src="https://www.uspto.gov/blogdata/img/Terra682.jpg"></em></p><em>Director Iancu meets with a kindergarten class at Terra Centre Elementary School in Burke, Virginia on April 4, 2019, where he took part in their Kindergarten Invention Expo and gave a presentation on IP and invention. (Photo by Jay Premack/USPTO)</em><p></p><p>Additionally, I’ve spent the past year presenting to faculty and students at dozens of America’s top intellectual property universities, seeking to establish among our next generation of IP professionals a common understanding of, and appreciation for, the theories, benefits, and practical applications of intellectual property laws. </p><p>Through these and numerous other engagements, we have highlighted for teachers, parents, and students from kindergarten through college the virtues of invention, IP protection, and entrepreneurship, and shared information about the important and exciting careers that exist for innovators and IP professionals. Additionally, we created new training programs, such as the <a href="https://www.uspto.gov/patents/ptab/leap" target="_blank">Legal Experience and Advancement Program</a>, for fledgling patent attorneys so they can gain confidence and experience in patent and trademark proceedings. <br><em></em><p><em><img alt="Director Iancu interviews Dr. Martine Rothblatt in December 2019" src="https://www.uspto.gov/blogdata/img/Rothblatt682.jpg"></em></p><em>Director Iancu interviews Dr. Martine Rothblatt, the creator of SiriusXM Satellite Radio, former CEO of GeoStar, and the founder and CEO of the Board of United Therapeutics on December 4, 2019, as part of the USPTO Speaker Series. (Photo by Jay Premack/USPTO)</em><p></p><p>We have promoted the incredible—yet mostly unheralded—stories of the people whose inventions have fundamentally changed the lives, and livelihoods, of millions of Americans. For example, we created the first-ever USPTO Speaker Series, bringing to USPTO employees and the public some of our nation’s greatest inventors and entrepreneurs. We also took the opportunity of promoting the grant of <a href="https://10millionpatents.uspto.gov/patent-10-million.html" target="_blank">Patent 10 Million</a> to raise the profile of our inventors and entrepreneurs, and we created the <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation" target="_blank">Journeys of Innovation</a> series of online articles about innovators who have made a positive difference in the world. These people should be our most celebrated national figures, role models, and mentors for the next generation of Americans.</p><p>We have worked to improve the dialogue surrounding IP in many other ways too. When I arrived at the USPTO, I noted that for too long, the words used to describe our patent system focused too heavily on its faults. Our IP system—born from the Constitution and steeped in our history—is a crown jewel, a gold standard. It must be defined by its goals, aspirations, and successes. As a result, we worked to create a new, pro-innovation narrative that focuses on the brilliance of inventors, the excitement of invention, and the incredible benefits they bring to society, while still ensuring patent and trademark examination of the highest quality. </p><p><em></em><p><em><img alt="Director Iancu, Deputy Peter, CEO of Virtusphere Ray Latypov, and son Alfred" src="https://www.uspto.gov/blogdata/img/Virtusphere682.jpg"></em></p><em>Director Iancu and Deputy Director Laura Peter, shown with Ray Latypov, patent-holder and CEO of Virtusphere, (a device created for full body immersion into virtual reality) and joined by his son Alfred. Latypov’s invention was displayed at the USPTO on July 23, 2019 in conjunction with an event commemorating the 50th anniversary of the moon landing. (Photo by Jay Premack/USPTO)</em><p></p><p>This pro-innovation, pro-IP dialogue is more important than ever, since we depend on inventors and entrepreneurs to solve mankind’s most vexing problems, including the current pandemic. These and creators of all kinds have always defined America, and, with a robust IP system, will continue to do so. </p><p><em></em><p><em><img alt="Director Iancu visits Camp Invention in Hyattsville, Maryland" src="https://www.uspto.gov/blogdata/img/camp682.jpg"></em></p><em>Director Iancu visits Camp Invention at Hyattsville Elementary School, Maryland, on June 26, 2019. (Photo by Jay Premack/USPTO)</em><p></p><p>Through it all, the most amazing people I met these past few years are the inventors of the future—starting with kindergarteners making their first creations and excitingly explaining them to me. Jumping up and down, many would say, “Director, I want to be an inventor when I grow up!” Their unbridled enthusiasm assures me that America’s best days are yet to come. </p><p>Thank you for the opportunity to serve this great country that I love. </p><p><strong>__________________________________________________________________________________________________________________</strong></p><p align="center"><strong>Highlights of USPTO Accomplishments (2018-2021)</strong></p><p><strong><br><strong>1. Strengthened the USPTO’s Patent and Trademark Operations</strong></strong></p><ul><li>Reduced patent pendency to below 15 months for a first Office action and below 24 months for final disposition, the lowest patent pendency since 2001.</li><li>Reduced ex parte appeal pendency to 13 months, down from 30 months in 2015.</li><li>Accomplished mandatory electronic filing for all trademark filings.</li><li>Developed artificial intelligence and machine learning tools for patent and trademark application processing and examination. </li><li>Achieved permanent congressional authorization of the TEAPP telework program, which will ensure strong hiring, retention, and cost savings.</li><li>Achieved enactment of legislation to allow the USPTO to limit response periods for trademark Office actions in order to further reduce pendency.</li></ul><p><br></p><p><strong>2. Increased the Certainty, Reliability, and Quality of IP Rights</strong></p><ul><li>Issued Section 101 examiner guidance on patent eligibility, improving certainty of examination by 44%.</li><li>Improved and added to patent examiners’ search tools, including launch of collaborative search pilot training and enhanced examiner search training.</li><li>Established a new automated routing system for patent applications to help ensure incoming applications are best matched with examiners with relevant experience.</li><li>Adjusted the performance appraisal plan for patent examiners to focus on improved search and examination quality.</li><li>Reorganized senior patent management to broaden responsibility for operations and quality.</li><li>Increased the rate of patent examiner interviews to an all-time high. </li><li>Negotiated a revised policy with the U.S. Department of Justice and the National Institute of Standards and Technology on standard essential patents.</li><li>Prepared and released multiple reports on public views on artificial intelligence and IP policy.</li><li>Achieved the enactment of trademark legislation to strengthen trademark owners’ enforcement rights in court and to create additional tools for the USPTO to combat fraud on U.S. IP systems.</li><li>Achieved the enactment of legislation to implement the Marrakesh Treaty, which enables greater access to copyrighted content by the blind, visually impaired, and otherwise print disabled.</li><li>Multiple legislative achievements to balance and strengthen the copyright system.</li></ul><p><br></p><p><strong>3. Changed the Dialogue on IP</strong> </p><ul><li>Created a public relations and media campaign celebrating the patent system, including the signing of patent 10 million.</li><li>Held Patents for Humanity awards ceremonies for inventors who create solutions to humanitarian crises.</li><li>Achieved enactment of legislation to enhance the Patents for Humanity program by allowing the award benefits to be transferable.</li><li>Conducted numerous briefings for Members of Congress and their staff on the importance of patents to producing lifesaving technologies.</li><li>Promoted the induction of 56 inventors into the National Inventors Hall of Fame.</li><li>Created the USPTO Speakers Series to allow leaders in the IP system to share innovation success stories with Office employees and the public.</li><li>Created the Journeys of Innovation series on the USPTO’s home page to celebrate inventors and their personal stories.</li></ul><p><br></p><p><strong>4. Balanced AIA Review Proceedings at the Patent Trial and Appeal Board</strong></p><ul><li>Promulgated rules to change claim construction standard to match district courts, to allocate burdens with respect to motions to amend, to respond to all claims and grounds in a petition, and to weigh all evidence at the institution stage equally for both patent owners and petitioners.</li><li>Created a Precedential Opinion Panel to address important issues before PTAB.</li><li>Designated numerous decisions as precedential and issued guidance memoranda to improve consistency of PTAB proceedings.<br></li><li>Developed institution factors to reduce multiple patent challenges.</li><li>Created a Motion to Amend Pilot Program to improve amendment process.</li><li>Established standard operating procedures to improve transparency.</li></ul><p><br></p><p><strong>5. Bolstered the United States’ Leadership in IP</strong></p><ul><li>Extended the U.S.’s lead as first in the U.S. Chamber of Commerce’s Global IP Index, and increased the U.S.’s rank in patents from twelfth (2018) to tied for second (2020) and in trademarks from fifth (2017) to tied for first (2020).</li><li>Led effort to elect a WIPO Director General with strong support for intellectual property protection.</li><li>Helped lead the Administration in adding new IP provisions as part of the USMCA.</li><li>Achieved the first ever Parallel Patent Grant Agreement with Mexico and Patent Validation Agreement with Cambodia.</li><li>Negotiated new work-sharing agreements with multiple foreign IP offices.</li><li>Elevated the diplomatic rank of four USPTO IP Attachés. </li><li>Worked with international IP forums to assist innovators and stakeholders to create<br>COVID-19 solutions.</li></ul><p><br></p><p><strong>6. Reduced Abuse of the IP System</strong></p><ul><li>Established U.S. Counsel Rule to reduce fraudulent trademark filings.</li><li>Worked with the National Crime Prevention Center to launch a nationwide public awareness campaign regarding the dangers of counterfeit products.</li><li>Established a special task force to monitor and identify fraudulent trademark filing behaviors and to develop tools, including policies, to address them.</li><li>Established a successful pilot program and then a permanent program to conduct random audits of post-registration maintenance and renewal documents to ensure the accuracy of the trademark register. </li></ul><p><br></p><p><strong>7. Strengthened the USPTO’s Fiscal Health</strong></p><ul><li>Extended USPTO fee-setting authority for an additional eight years, through the end of 2026.</li><li>Restructured patent and trademark fees to ensure better cost recovery.</li><li>Increased the reserve fund to ensure stability and continuity of USPTO operations.</li><li>Maintained USPTO operations during temporary suspension of funding.</li><li>Identified $1B in diverted fees in the U.S. Treasury.</li></ul><p><br></p><p><strong>8. Expanded American Innovation</strong></p><ul><li>Submitted the SUCCESS Act report to Congress, which studied participation rates among women, minorities, and military veterans in patenting.</li><li>Prepared and released well-received Progress and Potential Report and update, which studied participation rates among women in patenting.</li><li>Launched a National Council of private, academic, non-profit, and public sector executive-level leaders to expand American innovation.</li><li>Created the LEAP program at PTAB for training and developing new patent attorneys, and established a PTAB law clerk program.</li><li>Supported independent inventors, small business concerns, and nonprofit organizations in filing patent applications and encouraged collaboration with the federal Government by expanding the opportunities to qualify for the small entity discount for inventions made during the course of federally-funded or federally-supported research.</li><li>Enhanced the USPTO’s home page to allow first-time inventors and small businesses to easily access a map of all the resources the USPTO offers in their local areas.</li><li>Launched an online platform available on the USPTO website that provides resources for inventors and practitioners to encourage greater participation in the patent system.</li><li>Renamed Alexandria headquarters’ auditorium after Clara Barton, the first public space at the USPTO ever named after a woman.</li></ul><p><br></p><p><strong>9. Ensured Continuous Operations During Pandemic</strong></p><ul><li>Transitioned seamlessly to all telework presence for employees during pandemic.</li><li>Transitioned to all-virtual board hearings.</li><li>Successfully sought enactment of statutory authority to provide relief at the onset of the COVID-19 pandemic.</li><li>Issued extensions of time for patent and trademark filing and fee deadlines, due to COVID-19 issues, within three days of enactment of statutory CARES Act authority.</li><li>Established fast-track examination programs for COVID-19-related medical treatments and devices.</li><li>Established the Patents 4 Partnership program to facilitate licensing of COVID-19 innovations.</li><li>Launched the first all-virtual, entry-level training program to on-board over 400 new examiners. </li></ul><p><br></p><p><strong>10. Modernized the USPTO IT System</strong></p><ul><li>Upgraded the USPTO IT system with new, faster, more efficient, and secure servers.</li><li>Established redundant systems to ensure continuity of operations in case of certain IT failures.</li><li>Initiated transition to the cloud for essential services.</li><li>Rebuilt the USPTO website for a more modern look and a more interactive interface.<br></li></ul>
https://www.uspto.gov/blog/director/entry/launch-of-the-national-council
Launch of the National Council for Expanding American Innovation
USPTO
2021-01-15T04:28:12-05:00
2021-01-15T04:28:12-05:00
<p><em>Blog by </em><em>Andrei Iancu, </em><em>Under Secretary of Commerce for Intellectual Property and Director of the USPTO </em><p><em><img alt="NCEAI logo" src="https://www.uspto.gov/blogdata/img/NCEAI682.jpg"></em></p><p></p><p>On September 14, the <a href="http://www.uspto.gov/ExpandingAmericanInnovation" target="_blank">National Council for Expanding American Innovation</a> had its inaugural meeting, virtually of course. The National Council includes <a href="https://www.uspto.gov/initiatives/expanding-innovation/national-council-expanding-innovation/members-national-council" target="_blank">respected leaders in the private and public sectors</a> who are committed to fostering a more inclusive innovation ecosystem. The National Council is charged with helping develop a National Strategy to expand American innovation by tapping into the strength of our nation’s diversity, and increasing innovation opportunities for all Americans. I encourage you to learn more about the initiative by reading the <a href="https://www.uspto.gov/initiatives/expanding-innovation/national-council-expanding-innovation/inaugural-meeting" target="_blank">excellent remarks</a> made by the council members or by watching the <a href="https://www.youtube.com/watch?v=0RH-YqjLxQM&feature=youtu.be" target="_blank">recording of the event</a>.</p><p>The National Council was born out of a <a href="https://www.uspto.gov/sites/default/files/documents/USPTOSuccessAct.pdf" target="_blank">report we transmitted to Congress in 2019</a> in response to the <a href="https://www.uspto.gov/ip-policy/legislative-resources/successact" target="_blank">Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act</a> of 2018. This report came on the heels of one of the most comprehensive studies on women inventors that was published by the USPTO in February 2019 titled “<a href="https://www.uspto.gov/sites/default/files/documents/Progress-and-Potential.pdf" target="_blank">Progress and Potential: A profile of Women Inventors on U.S. Patents.</a>” In that study, we found that only about 12 percent of inventors named on U.S. patents are women. The <a href="https://www.uspto.gov/ip-policy/economic-research/publications/reports/progress-potential" target="_blank">2020 update to our Progress and Potential study</a> reviewed an additional nearly one million issued patents and three years of new data and found that more women are entering and staying active in the patent system than ever before. Despite this progress, however, the gap is still wide, and there is still much that remains to be done to close it.</p><p>One of the foremost priorities for the National Council is to help the USPTO develop a long-term comprehensive plan aimed at expanding participation in America’s innovation ecosystem among women, minorities, other underrepresented groups, and Americans across the geography of the United States. It is imperative that we substantially broaden participation in the technologies that are driving a new industrial revolution.</p><p>This national strategy will encourage and equip Americans across all demographics and across the United States to become innovators and ensure they have equal opportunities to succeed. It will include innovation and intellectual property education at all levels—from kindergarten to graduate school—and emphasize employment development, access to capital, and product commercialization.</p><p>Our plan will identify specifically where along a potential inventor’s path we come up short and specifically how we can address it, and will also include metrics against which results can be measured over time. Mere rhetoric will no longer suffice. To move the needle, we must act with specificity, and we must insist on measurable results. </p><p>Expanding participation in the innovation ecosystem is one of our nation’s best and most tangible opportunities for enhancing economic growth and improving the standard of living and quality of life for every American. Industry, government, academia, and professional groups must work together to ensure that all Americans have the opportunity to innovate, start new companies, succeed in established companies, and achieve the American Dream. This will help unleash the next technological revolution, drive economic growth, and solidify America’s competitive edge as a global innovation leader. </p><p>In the upcoming months, the USPTO will have numerous engagement activities that focus on the pursuit of expanding American innovation. We have already enjoyed a number of speaking engagements at universities around the country discussing with students and faculty the importance of diversity in the innovation and intellectual property ecosystems. And in order to consider everyone’s suggestions as part of this strategy, a <a href="https://www.federalregister.gov/documents/2020/12/23/2020-28298/request-for-comments-on-the-national-strategy-for-expanding-american-innovation" target="_blank">request for comments</a> was published in the Federal Register asking the public to provide input to assist in the development of the national strategy. Comments can be submitted until February 8, 2021.</p><p>To more broadly engage with the public on our Expanding American Innovation initiative, we also kicked off a series of virtual “innovation chats.” The first one is a recently-recorded conversation between myself and Lisa Jorgenson, the newly appointed Deputy Director General for Patents and Technology at the World Intellectual Property Organization. You can <a href="https://rev-vbrick.uspto.gov/#/videos/2e2a1cc5-4a48-4708-8d05-d00de4c22050" target="_blank">view the video here</a>. For more information about the National Council for Expanding American Innovation, please contact <a href="mailto:NCEAI@uspto.gov">NCEAI@uspto.gov</a>, and join the conversation on social media using #ExpandingAmericanInnovation.<br></p>
https://www.uspto.gov/blog/director/entry/a-year-to-remember
A year to remember
USPTO
2020-12-31T08:03:38-05:00
2020-12-31T08:03:38-05:00
<p><em>Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</em><p><em><img alt="USPTO Madison building" src="https://www.uspto.gov/blogdata/img/Madison682.jpg"></em></p><p>“Hope smiles from the threshold of the year to come, whispering ‘it will be happier’.”<br>― Alfred Lord Tennyson</p><p>The end of a year is always a time for reflection on what we’ve accomplished and where we want to go. In 2020, the world faced a pandemic unlike anything we have seen in a century. Yet, as they always do during difficult times, inventors and entrepreneurs rose to the challenge. </p><p>Consider, for example, the multiple COVID-19 vaccines that were developed in less than a year, but are based on decades of research and countless inventions in dozens of scientific and technology disciplines. The importance of our nation’s consistent support of such creativity over time is more evident now than ever. As one COVID-19 vaccine manufacturer noted in its <a href="https://investors.modernatx.com/news-releases/news-release-details/statement-moderna-intellectual-property-matters-during-covid-19" target="_blank">press release</a>: “Intellectual property rights play an important role in encouraging investment in research.”</p><p>There are many other innovations that helped confront the global health crisis. Some companies built ventilators, masks, testing equipment, and other life-saving necessities at a previously unimaginable scale. Many others facilitated a quick and massive shift to telework. The advanced networks making this possible are keeping large segments of the U.S. economy operational. They have reduced exposure to the virus and will permanently change how we work, shop, and live.</p><p>The USPTO has been instrumental in spurring these innovations. When we do our job right, individuals and companies are motivated to keep inventing, secure in the knowledge that our great nation will protect their IP. And when it mattered most over this tumultuous year, we certainly did our job right. </p><p>Most importantly, we remained open for business and we worked harder than ever before. Because we have been a national leader in telework, we were well positioned to transition the USPTO’s 13,000-plus employees to full-time telework. Still, this required herculean efforts on the part of everyone, but especially our IT professionals who continue to make it possible. As a result of their amazing efforts, our employees’ productivity did not suffer. In fact, we are examining patent applications faster than last year.</p><p>We also implemented a number of programs to directly assist our stakeholders. We recognized that small companies and individual inventors play a critical role inventing treatments and cures for COVID-19, and we were vigilant in ensuring that they received the support they needed. To that end, we instituted the <a href="https://www.uspto.gov/about-us/news-updates/uspto-announces-covid-19-prioritized-examination-pilot-program-small-and" target="_blank">COVID-19 Fast Track Program</a>, which enabled small- and micro-entities to accelerate prosecution of COVID-19-related patent applications, at no charge. We also launched <a href="https://developer.uspto.gov/ipmarketplace/search/patents" target="_blank">Patents 4 Partnerships</a>, which provided a repository of COVID-19-related patents and patent applications, and created a voluntary platform for connecting patentees and potential licensees.</p><p>More generally, we instituted a number of temporary changes providing the greater innovation community with more flexibility in meeting filing deadlines and making fee payments. Within days of Congress passing the CARES Act, we waived many <a href="https://www.uspto.gov/sites/default/files/documents/Patents-Notice-CARES-Act-2020-03.pdf" target="_blank">patent</a> and <a href="https://www.uspto.gov/sites/default/files/documents/TM-Notice-CARES-Act.pdf" target="_blank">trademark</a>-related deadlines for situations where an applicant could not meet a deadline or make a payment because of the pandemic. We lifted all <a href="https://www.uspto.gov/sites/default/files/documents/Waiver of Original Handwritten Signature Requirement Due to the COVID-19 Outbreak -- Signed and Dated -- 3-19-2020.pdf" target="_blank">original signature requirements</a>; and we moved to an entirely electronic filing system, including even for <a href="https://www.uspto.gov/sites/default/files/documents/plant-efiling-20200504.pdf?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=" target="_blank">plant patents</a>. </p><p>And, notwithstanding the difficulties caused by COVID-19, we continued to implement broader improvements to the American innovation ecosystem. For example, we improved our Section 101 analysis, increasing the certainty of examination by a remarkable 44%. And we restored balance to post-grant proceedings at the PTAB through a series of carefully-crafted reforms. We initiated a major national effort to broaden participation in the IP community by launching an <a href="https://www.uspto.gov/initiatives/expanding-innovation" target="_blank">Expanding Innovation</a> hub, and starting the <a href="https://www.uspto.gov/initiatives/expanding-innovation/national-council-expanding-american-innovation" target="_blank">National Council for Expanding American Innovation</a>. And we launched the <a href="https://www.uspto.gov/blog/director/entry/ptab-launches-the-legal-experience" target="_blank">Legal Experience and Advancement Program</a> (LEAP) to help develop the next generation of attorneys. We saw the new – and very significant – Trademark Modernization Act signed into law. And we helped more trademark applicants than ever before, with the Trademark Assistance Center answering 128,370 calls, a 10% increase over the prior year.</p><p>This year, during the pandemic, we also greatly increased our collaboration with other countries to the benefit of our stakeholders. We entered new bilateral agreements, such as a parallel patent grant agreement with Mexico; a patent validation agreement with Cambodia; and a new memorandum of understanding with India. And on the multilateral stage, we worked closely with many other nations to create a broad coalition of countries to elect new leaders at WIPO who champion the importance of, and respect for, intellectual property. We also elevated the rank of our IP attachés at several major embassies, in a clear signal that the United States takes very seriously the protection and enforcement of IP rights around the world.</p><p>These are just some of the highlights. You can find others on our website and news releases. I am so very proud to have led the dedicated employees of the USPTO who stepped up to the challenges of a most remarkable year to help keep America moving forward with critical innovations that are now saving lives across the globe.</p><p>And the best is yet to come. Our intellectual property system — born from our Constitution and steeped in our history — is strong and it supports our nation’s innovators who are more creative and more capable than they have ever been. “Hope smiles” on this great country, and I am convinced that its future is bright indeed. </p><p>On behalf of our entire nationwide USPTO workforce, I wish for you a safe, healthy, and prosperous 2021. For, as Alfred Lord Tennyson ventured, “It will be happier.”<br></p>
https://www.uspto.gov/blog/director/entry/interview-practice-and-its-importance
Interview practice and its importance at the USPTO
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2020-12-23T04:12:34-05:00
2020-12-23T04:12:34-05:00
<p><span style="font-size: 18px;">First Action Interview Pilot Program to end on January 15, 2021</span></p><p><span style="font-size: 14px;"><i>Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Drew Hirshfeld, Commissioner for Patents</i></span></p><p><span style="font-size: 14px;"><i><img alt="virtual interview" src="https://www.uspto.gov/blogdata/img/interview-video.jpg"><span style="font-size: 14px;"><i><br></i></span></i></span></p><p><span style="font-size: 14px;"><i><span style="font-size: 14px;"><i>Virtual interview between a patent attorney and a patent examiner<span style="font-size: 14px;"><i><span style="font-size: 14px;"><i><span style="font-size: 14px;"><br></span></i></span></i></span></i></span></i></span></p><p><span style="font-size: 14px;">Whether initiated by the applicant or the examiner, interviews during patent prosecution provide an opportunity for the participants to discuss the merits of an application and gain insights that are sometimes not apparent through written exchanges. Examiners are available for telephonic or video interviews, with video interviews gaining in popularity. The USPTO’s improved information technology infrastructure is now permitting high-quality virtual interactions that far exceed past experiences. </span></p><p><span style="font-size: 14px;">Interviews can lead to a better understanding of an applicant’s invention, bridge gaps between the examiner and applicant, and serve as an effective mechanism for facilitating agreement and furthering prosecution. Recent data shows that applications with at least one interview had an allowance rate <i>10% higher</i> than those with no interview, demonstrating that interviews are an effective tool to place claims in a condition for allowance. This statistic is especially meaningful, as interviews most commonly occur when rejections or objections are pending and the path to allowability is not immediately clear. </span></p><p><span style="font-size: 14px;">As a result of the USPTO’s efforts to promote interview practice at all stages of prosecution, the percentage of applications having at least one interview is now at an all-time high, having risen from 19.6% at the beginning of FY 2010 to 38.1% at the end of FY 2020. To maintain steady progress in this area, we are constantly monitoring and refining our programs. Over time, the USPTO has introduced a number of successful <a href="https://www.uspto.gov/patent/laws-and-regulations/interview-practice#step1" target="_blank">enhancements to facilitate interviews</a>, including: Automated Interview Requests, a convenient web-based method to request an interview; Technology Center Interview Specialists, subject matter experts on interview practice and policy; video conference interviews, allowing an examiner and an applicant to interact in real time from anywhere using video and document sharing; and public interview rooms, available at each USPTO office (when our physical premises reopen). </span></p><p><span style="font-size: 14px;">On the other hand, the <a href="https://www.uspto.gov/patent/initiatives/first-action-interview/full-first-action-interview-pilot-program" target="_blank">Full First Action Interview Pilot Program</a> has not been as successful. The program couples an interview before a first office action on the merits at the request of the applicant with modified prosecution procedures. During the 12 years of the program’s existence, it has been used for only approximately 0.2% of eligible applications. Due to its limited use, the program will be discontinued effective January 15, 2021. This will allow us to concentrate on more effective actions. </span></p><p><span style="font-size: 14px;">We look forward to continued engagement with our stakeholders not only through <a href="https://www.uspto.gov/patent/laws-and-regulations/interview-practice" target="_blank">general interview practice</a>, but also through <a href="https://www.uspto.gov/patent/cpm" target="_blank">Patents Customer Partnership Meetings</a>, the <a href="https://www.uspto.gov/patent/initiatives/patent-examiner-technical-training-program" target="_blank">Patent Examiner Technical Training Program</a>, and other programs designed to provide unique and invaluable opportunities to communicate, collaborate, and cooperate. If you have ideas to improve our interview process, please contact us at <a href="mailto:ExaminerInterviewPractice@USPTO.gov">ExaminerInterviewPractice@USPTO.gov</a>.</span></p><p><img alt="graph showing increase in interviews" src="https://www.uspto.gov/blogdata/img/interview-chart.png"></p>
https://www.uspto.gov/blog/director/entry/uspto-releases-fy-2020-performance
USPTO releases FY 2020 Performance and Accountability Report
$entry.creator.screenName
2020-12-18T09:01:16-05:00
2020-12-18T09:01:16-05:00
<p><i>Guest blog by Jay Hoffman, Chief Financial Officer of the USPTO</i><br></p><p><img src="https://www.uspto.gov/blogdata/img/PAR.jpg" alt="Performance and Accountability Report"></p><p>The USPTO’s <a href="https://www.uspto.gov/sites/default/files/documents/USPTOFY20PAR.pdf" target="_blank">Performance and Accountability Report (PAR) for fiscal year (FY) 2020</a> is now online and available to members of the public. The PAR serves as the USPTO’s annual report, similar to what private sector companies prepare for their shareholders. Each year, the USPTO publishes this report to update the public on our performance and financial health. With the added challenges of the COVID-19 pandemic, the PAR highlights some of our most notable successes during this historic year.</p><p>The PAR also charts the agency’s progress toward meeting the goals outlined in our <a href="https://www.uspto.gov/sites/default/files/documents/USPTO_2018-2022_Strategic_Plan.pdf" target="_blank">2018-2022 Strategic Plan</a>: optimizing patent quality and timeliness; optimizing trademark quality and timeliness; and providing domestic and global leadership to improve intellectual property (IP) policy, enforcement, and protection worldwide. These goals govern the quality and quantity of our service to IP stakeholders. In addition, the PAR provides information on the USPTO’s progress toward a broader management goal: delivering organizational excellence. The PAR also contains a wealth of data and historical information of interest to our stakeholders, including data on patent and trademark examining activities, application filings, and agency staffing levels. <br></p><p>While the PAR is a record of our achievements, it is also a frank assessment of the challenges we face as an agency. We will continue to address these challenges, including: working to maintain stable and sustainable funding, particularly in a highly uncertain economic climate; continuing to enhance our IT capabilities for all business areas and maintain effective legacy systems during the transition to their approaching retirement; and meeting legal challenges to various USPTO rules and procedures (e.g., challenges to the way in which our administrative judges for our Trial and Appeal Boards are appointed).<br></p><p>FY 2020 marks the 28th consecutive year that the USPTO’s financial statements have received an “unmodified” (i.e., clean) audit opinion. Our clean audit opinion gives the public independent assurance that the information in the agency’s financial statements is presented fairly and follows generally accepted accounting principles. The auditors also reported no material weaknesses in the USPTO’s internal controls and no instances of non-compliance with laws and regulations affecting the financial statements.<br></p><p>Here at the USPTO, we take pride in our long record of producing annual PARs that meet the highest standards of transparency, quality, and accountability. In August, the Association of Government Accountants (AGA) recognized the USPTO with its Certificate of Excellence in Accountability Reporting for the 18th consecutive year. The AGA also awarded the USPTO its “Best in Class” honors for demonstrating “proactive financial management support for mission continuity and accountability.” Our team has worked hard to ensure this year’s PAR continues to deliver this standard of excellence. <br></p><p>I hope you find value in this document, including greater insights into the agency’s many important activities and achievements. Finally, I want to thank everyone who contributed to this year’s PAR, especially during the COVID-19 pandemic. This document is truly a team effort. I hope you enjoy looking back and reflecting on a successful FY 2020. </p>
https://www.uspto.gov/blog/director/entry/advances-in-searching-for-prior
Advances in searching for prior art
USPTO
2020-12-17T07:31:03-05:00
2020-12-17T07:49:30-05:00
<p><em>Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO and Drew Hirshfeld, Commissioner for Patents of the USPTO</em></p><p><em><img alt="image alternate text" src="https://www.uspto.gov/blogdata/img/priorart682.jpg"></em></p><p>Patent examination, though inherently complex, is in large part a fact-finding mission with the goal of providing predictable and reliable intellectual property rights. The prior art search is the foundation for achieving this mission. <em> </em></p><p>Our patent examiners’ ability to find the best prior art at the earliest possible time ensures both quality and timeliness, two primary goals of the USPTO’s <a href="https://www.uspto.gov/sites/default/files/documents/USPTO_2018-2022_Strategic_Plan.pdf" target="_blank">Strategic Plan</a>. Indeed, the best and most appropriate time to ensure patent quality is during the examination process, before issuance. This is why we have worked tirelessly to improve the search capabilities of our examiners so they can more readily identify patentable subject matter and the appropriate scope of patent rights.</p><p>As technology evolves and advances, so too must our examination process and the underlying tools and mechanisms, particularly those used for prior art search. To enhance examiners’ ability to efficiently find the most relevant prior art in a body of references that is expanding both numerically and globally, we have improved our processes, added search tools, leveraged the abilities of our highly skilled workforce, and promoted knowledge exchange, all while upholding the fundamental pillars of our world-class patent system. Our recent endeavors include:</p><ul><li>Launching our new <a href="https://rev-vbrick.uspto.gov/#/videos/19a30055-5204-4c8e-b4fc-39f32e26f654" target="_blank">Patents End-to-End (PE2E) Search Tool</a> for examiners on a modern, web-based platform with a focus on performance and adaptability. This tool will allow for the flexible development of additional search functionality and access to over 70 million foreign documents with full image and text by April of 2021. A version of this tool will be available to the public later in FY 2021.</li><li>Developing and testing promising new search capabilities that utilize artificial intelligence (AI), including an AI-based prototype search system to further assist examiners in finding relevant prior art as well as an auto-classification tool that leverages machine learning to classify patent documents using the Cooperative Patent Classification system.</li><li>Conducting the <a href="https://www.uspto.gov/sites/default/files/documents/20191114_PPAC_Peer_Search_Collaboration.pdf" target="_blank">Peer Search Collaboration Pilot</a>, a valuable mechanism for learning and collaboration in which paired examiners independently search the same case and exchanged results and strategies. </li><li>Establishing a Search and Classification Examiner position in every utility technology center to serve as an added resource for examiners by providing searching expertise and training.</li><li>Offering continuing education classes on search techniques and strategies, database searching, and non-patent literature searching using discipline-specific examples. </li><li>Training examiners on <a href="https://www.uspto.gov/patents-getting-started/international-protection/global-dossier-initiative" target="_blank">Global Dossier</a>, which provides unparalleled access to an entire patent family in one location, English machine translations, and the ability to view all citations in a single list. </li><li>Updating examiner performance appraisals to increase the emphasis on searching, both at the planning and conducting stages, and providing the most relevant prior art as early as possible in prosecution.</li></ul><p></p><p>We continue to explore additional avenues to improve examiners’ access to prior art and ensure that their efforts are most effective. From making prior art in related applications more accessible, to assessing incoming applications and identifying attributes that can increase the quality of searches, from continuous and advanced training, to further exploring the potential of AI capabilities, we owe it to our patent applicants and stakeholders to leave no stone unturned. Our unwavering commitment to explore new tools and technologies is inextricably linked to our commitment to provide the utmost certainty and reliability in the patents we grant.</p>
https://www.uspto.gov/blog/director/entry/ptab-s-motion-to-amend
PTAB’s Motion to Amend Pilot Program shows promising results
USPTO
2020-12-03T04:29:09-05:00
2020-12-03T04:29:09-05:00
<p><i>Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Scott Boalick, Chief Judge of the Patent Trial and Appeal Board of the USPTO</i><br></p><p></p><p align="center"><img alt="PTAB logo" src="https://www.uspto.gov/blogdata/img/PTABlogo.jpg"></p>On March 15, 2019, the USPTO implemented a <a href="https://www.federalregister.gov/documents/2019/03/15/2019-04897/new-pilot-program-concerning-motion-to-amend-practice-and-procedures-in-trial-proceedings-under-the" target="_blank">pilot program</a> for motions to amend (MTAs) in AIA trials before the PTAB. In MTAs, patent owners may request to cancel challenged claims or propose substitute claims to replace challenged claims if they are found unpatentable. We have seen promising results for claim amendments made under this pilot program and want to share these with you.<p></p><p>Under the pilot program, a patent owner has two new options. First, the patent owner can request preliminary guidance from the Board on its MTA. Second, the patent owner may file a revised MTA in response to preliminary guidance (if requested) or to the petitioner’s opposition. In short, by providing for guidance and an opportunity to revise the MTA, the pilot program provides for back and forth between the Board and the patent owner that did not previously exist.</p><p>If a patent owner requests preliminary guidance, the Board will provide feedback on the statutory and regulatory requirements for an MTA, as well as on patentability of the proposed substitute claims based on the record at that time. The patent owner may then file a revised MTA in response to the preliminary guidance. Alternatively, if the patent owner does not request preliminary guidance, it may file a revised MTA in response to the petitioner’s opposition to the original MTA. Notably, if a patent owner does not choose either pilot option, then the MTA proceeds under effectively the same practice as before implementation of the pilot program.</p><p>The pilot program applies to all AIA trials instituted on or after March 15, 2019, and patent owners could start filing MTAs under the program in June of 2019. Between June 1, 2019 and September 30, 2020, patent owners requested preliminary guidance in 76% of MTAs, or 78 out of 102 MTAs. Thereafter, 79% of patent owners filed a revised MTA. From April 1, 2020 through September 30, 2020, the PTAB issued 31 Final Written Decisions addressing pilot-eligible MTAs. So far, the pilot program options are being used in the vast majority of MTAs. Moreover, early results suggest that patent owners who chose at least one of the pilot program options are more likely to have their MTAs granted for at least one proposed substitute claim as compared to MTAs that do not use the pilot program options. </p><p>Specifically, out of the 31 Final Written Decisions with MTAs that were eligible for the pilot program, 22 elected at least one of the pilot program options. And out of the 22 MTAs in which patent owners elected at least one pilot program option, 36% had at least one proposed substitute claim granted. By contrast, of the nine MTAs where patent owners did not elect either pilot program option only 11% had at least one proposed substitute claim granted. Before the pilot program, only about 14% of MTAs had at least one proposed substitute claim granted. </p><p>The USPTO implemented the MTA pilot program with the goal of providing a more robust amendment practice in AIA trials, in a manner that is fair and balanced for all parties and stakeholders. Through this practice, the aim is to ensure that patent owners have viable opportunities to amend claims challenged by third parties. Preliminary data indicates that the pilot program is working as intended.</p><p>We remain committed to monitoring and evaluating the effects of the MTA pilot program, and <a href="mailto:Trials@uspto.gov" target="_blank">welcome all feedback</a>. </p>
https://www.uspto.gov/blog/director/entry/uspto-fights-trademark-scams
USPTO fights trademark scams
USPTO
2020-11-24T08:20:55-05:00
2020-11-24T08:20:55-05:00
<p><em>Guest blog by David Gooder, Commissioner for Trademarks, U.S. Patent and Trademark Office</em> </p><p><p><img alt="Fraudulent solicitations logo" src="https://www.uspto.gov/blogdata/img/Fraud682.jpg"></p>At the United States Patent and Trademark Office (USPTO), our fundamental mission is to provide stable, reliable, and predictable intellectual property (IP) rights for those who receive a patent or a trademark registration. Over the years, the USPTO has developed systems to protect trademark owners and innovators from fraud, theft, and abuse from those intent on stealing their proprietary ideas, their designs, their brand identities, and their livelihoods.<p></p><p>One disturbing trend lately is the rise of fraudulent solicitations from so-called IP “experts” offering their services to assist owners of trademark applications and registrations at the USPTO. These solicitations often mislead owners into believing they are from the USPTO. Yet, the spurious offerings are either never performed or are botched, potentially putting a trademark application or registration at risk of failure. Often, these charlatans are charging inflated fees for bogus services. The scams target owners of U.S. trademarks from around the world.</p><p>Although the USPTO does not have the legal authority to sue or prosecute those who attempt to defraud our customers, or to stop private companies from sending trademark-related offers and notices, we are shining a spotlight on the issue to raise awareness in the community and do our part to fight back. As such, we are actively engaged where possible, with the Department of Justice (DOJ), the Federal Trade Commission (FTC), and the United States Postal Inspection Service (USPIS).</p><p>In fact, in July 2017, we held a <a href="https://www.uspto.gov/learning-and-resources/ip-policy/fraudulent-solicitations-trademark-owners" target="_blank">public roundtable</a> to discuss how to combat these scams. As a result of this meeting, in 2018, the DOJ invited the USPTO to provide two IP attorneys to support the DOJ and the USPIS in a two-year “detailee” program as those agencies investigated and prosecuted offenders. </p><p>Our detailees assisted in several investigations, including one led by Homeland Security Investigations, in conjunction with USPIS that resulted in the recent arrest of an individual who allegedly defrauded trademark owners out of more than $1 million. The individual was offering bogus services that were falsely associated with the USPTO. The defendant allegedly sent solicitation letters under business names like “Patent and Trademark Office” from a Washington, D.C. address and from a non-existent “Patent and Trademark Bureau LLC” at a New York address. The case is currently pending in federal district court.</p><p>To further assist trademark owners, the USPTO posts a <a href="https://www.uspto.gov/trademarks-getting-started/caution-misleading-notices" target="_blank">listing of third-party solicitations</a> on the USPTO website from entities known for sending scams and offering misleading services and notices. The webpage provides trademark owners and those applying for trademarks with examples of recent fraudulent solicitations that have been the subject of complaints. </p><p>The USPTO warns customers about misleading solicitations at various points in the trademark registration and maintenance processes. For example, applicants are warned at the time when they receive confirmation of the filing of an application and when they receive a new registration certificate. In addition, representatives from the USPTO speak frequently on the topic at outreach events with counsel and business owners.</p><p>If you receive information from, or have been misled or paid money to one of these scammers, please <a href="https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc" target="_blank">file a consumer complaint with the FTC</a> immediately. Do not discard the offer, the envelope, or the electronic message as it may be used to trace the source.</p><p>Additionally, if you receive a phony solicitation from a company that is not on our list of abusers, please email us at <a href="mailto:TMScams@uspto.gov">TMScams@uspto.gov</a>. Include copies of the solicitation and, if applicable, the envelope it came in so we can assess whether to add the sender to the list. You do not need to notify us about firms that are already listed.</p><p>The USPTO is here to promote and protect the intellectual property of those who have worked so hard to create it. We want every person and company that has received a trademark registration to have the chance to be successful in the marketplace, hire workers, and create a more prosperous future for our country.<br></p>
https://www.uspto.gov/blog/director/entry/five-years-of-innovation-texas
Five years of innovation – Texas Regional USPTO
USPTO
2020-11-13T05:59:34-05:00
2020-11-16T04:32:13-05:00
<p><em>Blog by Laura Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO</em></p><p><img alt="Texas 5 year logo" src="https://www.uspto.gov/blogdata/img/Texas682.jpg"></p>Recently, I spoke with <a href="https://www.uspto.gov/about-us/uspto-locations/dallas-tx/hope-shimabuku#:~:text=As%20the%20Regional%20Director%20of,leading%20the%20Texas%20regional%20office." target="_blank">Hope Shimabuku</a>, USPTO’s Texas Regional Director in Dallas, about the five year anniversary of the <a href="https://www.uspto.gov/about-us/uspto-locations/dallas-tx/dallas-texas" target="_blank">Texas Regional U.S. Patent and Trademark Office</a> (TXRO), innovation in the region, and her passion for championing the pursuit of STEM fields.<p></p><p><strong>LP: Congratulations on the fifth anniversary of the Texas Regional Office! For those not familiar with the office, please tell us which states are in your region and what resources you provide to the public?</strong></p><p><strong>HS:</strong> Thanks Deputy Director Peter! I am happy to be celebrating this landmark event for the TXRO.</p><p>The region covered by the TXRO includes eight states: Arkansas, Alabama, Louisiana, Mississippi, New Mexico, Oklahoma, Tennessee, and of course Texas. Throughout the region, we provide a number of resources both at the TXRO as well as within those states. </p><p>Onsite, we provide in-person, written, and now virtual resources across the region to stakeholders who are interested in learning about intellectual property (IP) in general, as well as information about the patent and trademark processes. Additionally, we have facilities for stakeholders to conduct patent and trademark searching using the same software that our USPTO personnel use. Stakeholders can also meet one on one with patent examiners and engage in our many patent and trademark hearings held by the Patent Trial and Appeal Board and the Trademark Trial and Appeal Board. Additionally, the TXRO provides a number of IP training courses for stakeholders, including our monthly <a href="https://www.uspto.gov/about-us/uspto-locations/dallas-tx/meet-trademark-experts-34" target="_blank">Meet the Patent Experts and Meet the Trademark Experts</a> – available to all stakeholders virtually.</p><p>Throughout the region, we work with a host of different organizations to provide resources closer to home. For example, we have collaborated with a number of providers to offer a <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/patent-pro-bono-program" target="_blank">Patent Pro Bono Program</a> which covers the entire United States. The program matches volunteer patent professionals with a financially under-resourced inventor or small business owner to provide counsel for securing a patent. Seven programs are available to qualified stakeholders in the states covered by the TXRO.</p><p>Additionally, we have engaged libraries throughout the country as <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-and-trademark-resource-centers-ptrcs" target="_blank">Patent and Trademark Resource Centers</a> (PTRC). Each PTRC is able to access the search tools used by the USPTO. The PTRC also has at least one librarian trained by the USPTO to answer basic IP questions, as well as to provide support to stakeholders who are conducting searches. 12 PTRCs support the states associated with the TXRO.</p><p>Finally, the USPTO works with law schools in the region through the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1" target="_blank">Law School Clinic Certification Program</a> to establish and provide patent and trademark clinics for under-resourced inventors and small business owners. Students, under the supervision of practicing attorneys, work with stakeholders to secure patent and trademark protection for their inventions and businesses. In the TXRO region, there are six patent clinics and seven trademark clinics.</p><p><strong>How many USPTO employees work in the TXRO and what are their roles?</strong></p><p>The TXRO began with four female Patent Trial and Appeal Board (PTAB) judges housed in a temporary location in 2013 – all four of these judges are still with the USPTO to date, with three of them still associated with the TXRO. Since then, six classes of patent examiners, over two dozen PTAB judges, and many others have been hired to work based out of TXRO.</p><p>At of the end of FY20, the TXRO had 113 onsite employees: a Regional Director (me), an Assistant Regional Director, patent examiners, Patent Trial and Appeal Board judges, Patent and PTAB managers, an outreach team including a Regional Outreach Officer and outreach detailees, a Program Analyst, and support staff (including administrative, IT, ITRP, and security). Each employee supports the day-to-day activities and long-term strategic objectives of the USPTO and TXRO through examining patents, reviewing patent appeals review, hearing patent cases, supporting recruiting efforts, and engaging stakeholders through IP training and outreach activities. </p><p><strong>What have been your proudest accomplishments so far as Director of the TXRO?</strong></p><p>The TXRO has made a tremendous impact throughout the entire innovation ecosystem. And the community and stakeholders in our region have welcomed us through all of it. The USPTO has been able to attract top, diverse talent in all capacities – historically, there is an incredibly high response rate for any job announcement to work at TXRO. I am particularly proud that 27% of the TXRO’s workforce are veterans, giving them the opportunity to continue to serve our nation through innovation. </p><p>The TXRO has planned or participated in 1200+ outreach events, and reached 83,000+ stakeholders over the last five years. Every year since the opening of the TXRO, we have participated in the innovation segment of South by Southwest – an annual event focusing on emerging technologies – as well as EarthX – an event celebrating innovation in the sustainable energy realm. </p><p>The TXRO was able to provide a STEM-based IP education during the total eclipse of 2017. We have also collaborated with the Greater Dallas-Fort Worth-based Congressional representatives and provided a Congressional Challenge Coding Kickoff Event--an event for which we provided hands-on training on coding as well as intellectual property to high school students. </p><p>I am particularly proud of the Pro Bono Tour that we developed in collaboration with the State Bar of Texas – IP Section. This program reaches small business owners, entrepreneurs, and independent inventors in geographic locations which does not have access to IP resources, thereby enabling them to capitalize and use the IP system. From Girl Scout IP Patch programs to the Artificial Intelligence roundtables to the Patriot Bootcamps, the TXRO has been able to engage stakeholders in all facets of the innovation landscape.</p><p>Most importantly, the USPTO’s executive and senior leadership’s visible and regular engagement has been critical for ensuring the successful launch and sustained growth of the TXRO. USPTO leadership from our headquarters in Alexandria, as well as from our sister regional offices in Silicon Valley, Detroit, and Denver, has actively participated in town halls and met one on one with employees throughout the last five years, enabling our employees’ voices to be heard and creating a culture of investing in our employees’ future and success at the USPTO. Speaking and meeting with an executive at the TXRO is considered the norm rather than the exception. </p><p><strong>Texas is an innovation and technology hub. How have you seen various sectors change and grow these last few years? How about in other states in your region?</strong> </p><p>Over the last five years, innovation and technology hubs have increased and expanded in Texas and throughout the region. In Texas, many corporate headquarters have relocated to the area, expanding the technology footprint to now include increased automotive, construction, entertainment, military defense, cybersecurity, transportation and logistics, and pharmaceutical technology sectors. This growth adds to the existing aerospace, aviation, information technology, telecommunications, banking, finance, and energy technology industries. With the increase in these sectors, there has been a tremendous growth in flexible shared workspace locations and incubators for technology startups and services throughout Texas as well as in the region. Several well-known retail companies and university partnerships have also expanded and developed similar models throughout the entire region and seen similar growth. </p><p><strong>Recently, the USPTO launched the <a href="https://www.uspto.gov/initiatives/expanding-innovation/national-council-expanding-american-innovation" target="_blank">National Council for Expanding American Innovation</a>, aimed at expanding the innovation ecosphere nationwide. Can you tell me a little about your journey and your work expanding the innovation ecosphere?</strong></p><p>Expanding the innovation ecosphere and the launching of the National Council are initiatives that are critical to increasing participation and access to innovation throughout the entire innovation landscape, something that I have always been passionate about throughout my entire career. I am a native Texan and come from a long of line of engineers – my grandfather was a civil engineer and my dad is a mechanical engineer. After graduating from the University of Texas at Austin with a mechanical engineering degree, I worked as an engineer for two large corporations in the food and beverage and computer industries for six years before attending law school at Southern Methodist University – Dedman School of Law.</p><p>The idea of becoming a patent attorney came initially from my father – he mentioned the idea of patents and a post graduate law degree since I was in high school. I was introduced to the idea of patents again when I started working as an engineer.</p><p>During my time at the USPTO, the TXRO has actively engaged in a number of different efforts associated with expanding the innovation ecosphere throughout the country with the aim and goal of broadening, according to USPTO Director Andrei Iancu, the “intellectual property ecosystem demographically, geographically, and economically.” </p><p>Much of the outreach at the TXRO focuses on entrepreneurs and small business owners who have questions on the best way of entering the innovation ecosystem. </p><p>As mentioned above, one of my proudest accomplishments is the establishment of the Pro Bono Tour, which directly impacts and expands the innovation ecosphere in communities where intellectual property and innovation resources are not prevalent. </p><p>Recently, the USPTO launched an <a href="https://www.uspto.gov/initiatives/expanding-innovation" target="_blank">Expanding Innovation Hub</a> on its website where readers can find our Progress and Potential reports. Before and after the release of these reports, the TXRO participated in many panels discussing the importance of expanding the innovation ecosystem. Director Andrei Iancu and I were able to meet with a number of corporate stakeholders and industry leaders in the greater Dallas-Fort Worth area and host roundtables discussing barriers to entry as well as how each of us can move the needle more quickly. </p><p>Members of the TXRO and other USPTO leaders have been and continue to be invited to work with industry leaders to help identify gaps, brainstorm ways to close the gaps, as well as develop best practices. The TXRO is already moving forward and supporting the wonderful efforts of the National Council by hosting roundtables and dialogues throughout the region to continue to expand the innovation ecosphere.</p><p><strong>The pandemic has created a number of challenges, including the move to 100% telework at the USPTO. Can you tell us how the TXRO adapted to these new circumstances?</strong></p><p>The TXRO rose to the occasion and rallied to ensure the safety and well-being of all employees throughout the entire pandemic. When the agency was moving towards mandatory telework, the management and support staff at the TXRO moved quickly to enable a new class of patent examiners, as well as other onsite employees, to make the move to telework. This included finding out-of-the box, creative ways to procure PIV badges and telework equipment for the new and non-teleworking employees, training employees on how to use equipment remotely, as well as ensuring continued training for the new class of patent examiners (who were only with the USPTO for three weeks before being sent to mandatory telework). </p><p>Throughout the entire pandemic, the work-life committee, as well as the other local affinity groups, have made regular engagement and contact with TXRO employees a priority, holding meetings and virtual coffee breaks. All employees were able to switch to support virtual hearings and virtual examiner interviews, as well.</p><p>From an outreach perspective, the team quickly converted from in-person to virtual events, including hosting a TXRO record-breaking (with 1100+ unique attendees) all-day Trademark Boot Camp, which featured the first ever live, virtual Trademark Trial and Appeal Board oral hearings. Many of the regular scheduled monthly programs also saw an increase in participation, particularly with respect to increased geographic diversity. The TXRO has also increased collaborations and program offerings with the other regional offices to create regional programs, including ethics CLE programs for lawyers, as well as similar programs with universities. The TXRO participated in 186 total outreach meetings and events in FY20, with 86 of the meetings and events held in the second half of the year when we were working in a virtual environment. </p><p>The TXRO, along with the Rocky Mountain Regional Office, entered into Phase 1 reopening in June 2020, allowing employees to work onsite as needed. </p><p><strong>What lies ahead for the TXRO in the next five years?</strong></p><p>The theme for the five year anniversary is “Innovation Heroes: Serving the Nation through Innovation.” As we look into the future for the TXRO, I have no doubt that everyone in the TXRO will continue to carry the torch in expanding the innovation ecosystem. We are sewing together the future innovation fabric for the region as each patent and trademark is examined, as each case is heard, and as each individual learns about how to protect his or her intellectual capital. The work our employees do to serve the nation contributes to this fabric. Throughout the entire process, I believe that our employees are heroes serving the innovation community – they perform an incredibly difficult job where law, business, and technology converge. I look forward to being a part of that over the coming years.<br></p>
https://www.uspto.gov/blog/director/entry/2021-national-patent-application-drafting
2021 National Patent Application Drafting Competition
USPTO
2020-10-22T05:41:44-04:00
2020-10-27T07:16:37-04:00
<p><em>Guest blog by Commissioner for Patents Drew Hirshfeld</em> <br></p><p><p><img alt="2021 National Patent Application Drafting Competition logo" src="https://www.uspto.gov/blogdata/img/Logoforupload.jpg"></p><p>The <a href="https://www.uspto.gov/about-us/uspto-locations/dallas-tx/national-patent-application-drafting-competition" target="_blank">2021 National Patent Application Drafting Competition</a> has kicked off! The competition, which began as a regional competition led by our Elijah J. McCoy Midwest Regional Office in Detroit in 2014, has expanded into a nationwide competition, with participation from law school teams from across the country and all of our USPTO regional offices. </p><p></p><p>The competition challenges the teams on the fundamentals of patent prosecution, including by drafting a patent application and arguing its patentability. It consists of two rounds: a preliminary regional round where teams compete and the National Finals where the winners of the regional competitions compete against each other at an event hosted at USPTO headquarters. Team registrations are being accepted until November 7, 2020, and regional and final rounds will take place virtually in Spring 2021.</p><p>The competition replicates the experience of prosecuting a patent application before the USPTO. Students are given a hypothetical invention statement and are asked to perform a prior art search, write a specification, prepare drawings, and write a brief memo explaining their drafting choices. They present their applications and the rationale for patentability and argue claim scope to a panel of judges. The judges consist of senior USPTO officials and patent attorneys from the local communities with extensive experience in patent prosecution and enforcement, who provide feedback and advice to help competitors improve their arguments and legal reasoning. Because the competition assesses the strength of contestants’ reasoning and patent drafting skills over technical knowledge, it is accessible to law students from all technical fields and interests.</p><p>Participating in the competition is an excellent opportunity to gain practical and indispensable experience drafting and prosecuting patents and to hone public speaking and communication skills. Last year‘s competition hosted a record 34 teams. <a href="https://www.uspto.gov/about-us/news-updates/uspto-announces-winners-national-patent-drafting-competition" target="_blank">Learn more about the 2020 finalists and winners</a>. According to Mark Landauer, a member of last year’s winning team from the University of St. Thomas School of Law: </p><p>“This competition is a great way to build practical patent skills that are otherwise outside the scope of a traditional legal education. We learned not just the administrative side of patent filing, but the strategies which go into the practice, the history, the rationale for certain strategies and the ways to draft claims. Overall, we were given a glimpse into patent drafting and litigation strategies that is nearly unrivaled.”</p><p>The National Patent Application Drafting Competition has been successful due to the overwhelming support from the intellectual property (IP) law community. The USPTO works closely with the American Intellectual Property Law Association in organizing the competition, as well as with local attorneys, local bar associations, local Inns of Court, and law school faculty mentors. Interacting with practitioners provides students with useful feedback from experienced attorneys and promotes connections with future colleagues. This year, students will be able to build vital connections by hosting virtual networking events throughout the competition.</p><p>In addition, the USPTO is expanding the competition’s contestant pool to include law students traditionally underrepresented in patent prosecution, including those students enrolled in law schools located outside the major IP markets. Virtual information sessions will instruct students in the fundamentals of patent drafting, patent searching, and conducting examiner interviews. The USPTO will also regularly reach out to law schools to inform students of registration deadlines and competition dates. </p><p>The USPTO looks forward to the participation of law school teams from across the country in this year’s competition and to this opportunity to assist students as they pursue future careers in IP law.</p><p>Visit the <a href="https://www.uspto.gov/about-us/uspto-locations/dallas-tx/national-patent-application-drafting-competition" target="_blank">2021 National Patent Application Drafting Competition page of the USPTO website</a> for further information on deadlines, competition dates, details and rules about the competition or contact <a href="mailto:PatentDraftingCompetition@uspto.gov">PatentDraftingCompetition@uspto.gov</a> with any questions.</p>
https://www.uspto.gov/blog/director/entry/legal-experience-and-advancement-program
Legal Experience and Advancement Program conducts virtual mock arguments
USPTO
2020-10-15T08:27:13-04:00
2020-10-15T12:26:56-04:00
<p><em>Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Scott Boalick, Chief Judge of the Patent Trial and Appeal Board</em><p><em><em><img alt="LEAP mock argument" src="https://www.uspto.gov/blogdata/img/LEAP682.jpg"><em>Practitioners in the Legal Experience and Advancement Program participate in a mock argument practicum on August 7, 2020.</em></em></em></p><p>In May 2020, the USPTO <a href="https://www.uspto.gov/blog/director/entry/ptab-launches-the-legal-experience" target="_blank">launched</a> the Patent Trial and Appeal Board’s (PTAB) <a href="http://www.uspto.gov/leap" target="_blank">Legal Experience and Advancement Program (LEAP)</a>. LEAP was established to help develop the next generation of patent practitioners by creating opportunities to gain oral argument experience before the Board. To qualify for LEAP, a patent agent or attorney must have three or fewer substantive oral arguments in any federal tribunal, including the PTAB, <u><em>and</em></u> seven or fewer years of experience as a licensed attorney or agent. The USPTO recognizes that oral argument opportunities before tribunals are limited and that gaining courtroom experience is valuable for newer practitioners’ career development. Developing strong oral advocacy skills in such patent practitioners benefits clients, the USPTO, the courts, and the whole IP system. </p><p>A key component of LEAP is training, and the USPTO has initiated a variety of opportunities with sessions taught by PTAB judges. We have provided three types of training so far. The first is a one-hour classroom-style lecture where PTAB judges explain the basics of an oral hearing. In particular, judges orient participants to PTAB hearing rooms, discuss how to handle virtual hearings as well as in-person hearings where one or more judges appear remotely, and share best practices for navigating the flow of a hearing. Additionally, judges offer tips for managing argument time and demonstratives.</p><p>The second type of LEAP training is an interactive discussion focused on viewing and evaluating actual recorded court presentations. By assessing what works and does not work in an argument, judges aim to mentor practitioners into adopting effective techniques and avoiding ineffective ones. Also, practitioners can witness first-hand the ramifications on the case of making missteps during the argument. </p><p>The third type of LEAP training we have provided is a live mock argument practicum in front of a panel of three judges. Practitioners are grouped in pairs and must determine how to argue multiple issues in a mock inter partes review case. The mock argument is 30 minutes per side and simulates the oral argument in an actual case. After the argument, the panel gives individual feedback to each practitioner, pointing out the strengths and weaknesses of the presentation. The mock argument practicum is closed to the public to foster an open and honest coaching opportunity.</p><p>PTAB held the first LEAP mock argument practicum on August 7, and the second took place October 9. 40 practitioners from a variety of different law firms argued before a total of 30 administrative patent judges, including the Director, Chief Judge, and executive management team of the Board. The arguments were conducted virtually, and all judge panels were extremely active in probing the issues. The practitioners did an excellent job in making their cases and handling judge questions. In fact, Deputy Chief Judge Jackie Bonilla commented, “If I did not know it, I would have thought I was sitting in an actual hearing as the practitioners were steeped in the mock record and well versed in the case law.”</p><p>And in the “real world,” the Board has heard 18 arguments by LEAP practitioners in actual pending cases, 30 percent in appeals, and the rest in AIA trials. Feedback from judges who heard cases with LEAP practitioners has been positive and encouraging. </p><p>One judge shared, “It is good to hear from newer attorneys because they are usually more intimately involved in the prosecution of an application. They know what the specification says and can answer detailed questions about claim construction issues.” </p><p>Another judge offered words of reassurance to future LEAP practitioners: “No matter how intimidating it is to stand up and argue before judges, the more you do it, the more comfortable you will be. The ability to stand up and argue is paramount to progressing your career.” </p><p>The USPTO created LEAP not only to advance the careers of less experienced practitioners, but also to further the USPTO’s goal to ensure America’s continued economic strength and technological leadership. A well-trained, inclusive patent bar is a critical element of this effort. </p><p>Learn more about <a href="http://www.uspto.gov/leap" target="_blank">LEAP</a> or submit your feedback to <a href="mailto:leap@uspto.gov">leap@uspto.gov</a>.<br></p>
https://www.uspto.gov/blog/director/entry/fall-2020-brings-exciting-changes
Fall 2020 brings exciting changes to the Patents organization
USPTO
2020-09-29T09:46:43-04:00
2020-09-29T13:04:56-04:00
<p><em>Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Drew Hirshfeld, Commissioner for Patents</em></p><p><img alt="Commissioner and Deputy Commissioners for Patents" src="https://www.uspto.gov/blogdata/img/Patents-org-portraits-682.jpg"><em>Commissioner for Patents Drew Hirshfeld, and Deputy Commissioners Bob Bahr, Robin Evans, Andy Faile, Valencia Martin Wallace, and Rick Seidel.</em><br></p>It has been our privilege to lead a continuous effort that empowers “America’s innovation agency” to better meet the demands of a rapidly changing world. Improved collaboration is critical to that effort, particularly within our Patents organization, which is why we recently reorganized our senior Patents management team. Among the benefits of the new, improved management structure is a work culture that encourages, debates, and embraces new ideas—ideas that will allow us to more nimbly serve our stakeholders and employees. <p></p><p>The primary objective of the reorganization was to integrate examination and non-examination groups across Patents. Traditionally, these groups have been in five separate reporting chains, but, as the organization has grown, this structure has resulted in one of the reporting chains in Patents having more than 9,000 of the approximately 10,000 Patents employees. This integration of examining and non-examining functions helps accomplish several goals, including: 1) fostering improved teamwork and the sharing of diverse perspectives, 2) facilitating cross-training of the management staff, 3) providing enhanced developmental opportunities, and 4) better balancing the number of employees within the deputy commissioners’ reporting chains.</p><p>An important part of the reorganization includes the recent selection of <a href="https://www.uspto.gov/about-us/organizational-offices/office-commissioner-patents/office-deputy-commissioner-patent-39" target="_blank">Robin Evans</a> to serve as a Deputy Commissioner. Prior to her selection, Robin was the Acting Associate Commissioner for Patent Quality and had prior experience serving as the Director of Technology Center 2800, the interim Director of the Rocky Mountain Regional Office in Denver, and the first regional manager of the Elijah J. McCoy Regional Office in Detroit. Robin brings a wealth of experience to the job and is a fantastic addition to the current deputy commissioner team that also includes <a href="https://www.uspto.gov/about-us/organizational-offices/office-commissioner-patents/office-deputy-commissioner-patent-31" target="_blank">Bob Bahr</a>, <a href="https://www.uspto.gov/about-us/organizational-offices/office-commissioner-patents/office-deputy-commissioner-patent-28" target="_blank">Andy Faile</a>, <a href="https://www.uspto.gov/about-us/organizational-offices/office-commissioner-patents/office-deputy-commissioner-patent-30" target="_blank">Valencia Martin Wallace</a>, and <a href="https://www.uspto.gov/about-us/organizational-offices/office-commissioner-patents/office-deputy-commissioner-patent-32" target="_blank">Rick Seidel</a>.</p><p>As you can see on the organizational charts <a href="https://www.uspto.gov/sites/default/files/documents/Patents-Before-the-reorganization.pdf" target="_blank">before</a> and <a href="https://www.uspto.gov/sites/default/files/documents/Patents-After-the-reorganization.pdf" target="_blank">after</a> the reorganization, deputy commissioners will no longer have unique titles. We have not, however, diminished any of their responsibilities. Rather, the broader and shared responsibilities of each deputy commissioner enable us to be more effective as a team. For example, while there is no longer a deputy commissioner with the title “Deputy Commissioner for Patent Quality,” the responsibility for ensuring patent quality is shared by all, enabling a more expansive focus on patent quality that is directly integrated with those having oversight of patent examiners.</p><p>We are confident these changes will improve our collaborative abilities and enhance the operations of the senior Patents management team. We look forward to announcing the assistant commissioners and the assignment of technology centers to deputy commissioners in the coming weeks. Above all, we remain committed, through these improvements and others, to providing the best customer service possible and to fostering ever greater American innovation, competitiveness, and economic growth.</p>
https://www.uspto.gov/blog/director/entry/a-seamless-transition-to-all
A seamless transition to all-virtual hearings
USPTO
2020-09-18T02:43:53-04:00
2020-09-18T05:53:58-04:00
<p><em>Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Scott
Boalick, Chief Judge of the Patent Trial and Appeal Board of the USPTO</em> </p>
<p><img alt="hearing image" src="https://www.uspto.gov/blogdata/img/Hearing_2.0._682.jpg"></p>
<p><em>Remote PTAB hearing on July 27, 2020.</em></p>
<p>As the coronavirus pandemic began in early March, the Patent Trial and Appeal Board (PTAB) held its first all-virtual
hearing, seamlessly adjusting to the new format and showcasing yet another example of our state-of-the-art efforts
to support America’s “innovation agency.”</p>
<p>In the 60 days after this transition, the PTAB has held 263 virtual hearings. Of note, 95 of these hearings were AIA
trials, 100% of which were all virtual. By comparison, in the 60 days prior to the transition, there were 99 AIA
trials and only one of those trials had counsel appear remotely. Despite the sudden switch in format, PTAB work has
continued unabated. </p>
<p><img alt="PTAB table image" src="https://www.uspto.gov/blogdata/img/PTABtableforupload.png"></p>
<p>Past innovations allowed this transition to be possible. For example, PTAB has long permitted counsel to appear
remotely in ex parte appeals to save travel-related costs and time for applicants. Likewise, up to two of the three
judges assigned to any PTAB proceeding (ex parte appeal or AIA trial) have appeared remotely, supporting the USPTO’s
well-known hotel programing where judges and examiners are recruited throughout the United States and permitted to
work outside the DC metro area. And just this year, PTAB allowed parties in all proceedings to request to appear
from a USPTO regional office.</p>
<p>Still, transitioning all PTAB hearings to a complete virtual environment required the PTAB and its support staff to
work efficiently and creatively as they addressed everything from court reporting to virtual public access. </p>
<p>We continue our work to improve the user experience and welcome any suggestions parties and practitioners might have.
Please send us a note at <a href="mailto:PTABhearings@uspto.gov">PTABhearings@uspto.gov</a>. We also realize
that for many practitioners, appearing remotely is a new experience that poses some challenges. To that end, we have
identified some <a href="https://www.uspto.gov/sites/default/files/documents/PTAB_Operations_IQ812934_Final.pdf" target="_blank">best practices</a> that we share with counsel in advance.</p>
<p>On a related note, the USPTO launched the <a href="https://www.uspto.gov/blog/director/entry/ptab-launches-the-legal-experience" target="_blank">Legal Experience and Advancement Program </a>(LEAP) during this time of remote
hearings, and it has shown tremendous interest so far. LEAP fosters the development of the next generation of patent
practitioners by creating opportunities for them to gain skills and experience in oral arguments before the PTAB.
</p>
<p>Finally, with the expansion of remote hearings, we are also able to offer stakeholders opportunity to listen to
hearings remotely. For more information, please visit the <a href="https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/hearings" target="_blank">PTAB page of the USPTO website</a> for schedules and further
instructions.</p>
<p>The USPTO’s top priority is to maintain the health and safety of our employees, contractors, and the American public,
while continuing to provide valuable services, programs, and resources at the highest level. The option to appear
remotely before the PTAB is one of the many ways that we have met, and will continue to meet, the needs and
priorities of those who appear before the Board.<br></p>
https://www.uspto.gov/blog/director/entry/successful-failover-test-ensures-the
Successful failover test ensures the stability of patent system applications at the USPTO
USPTO
2020-07-28T06:45:53-04:00
2020-07-28T06:45:53-04:00
<p><em>Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Jamie Holcombe, Chief Information Officer of the USPTO</em></p><p><img alt="Image text says as director of the united states of patent and trademark office" src="https://www.uspto.gov/blogdata/img/Directors-blog.jpg"></p><p>Illuminating the corridors of the United States Patent and Trademark Office (USPTO) data center in Alexandria, Virginia, are countless routers, switches, wires, and storage systems neatly organized on rows of server racks. </p><p>The blinking LED lights and soft whirring of cooling fans form an essential part of the USPTO’s digital backbone—one that supports ongoing patent and trademark examinations and daily business operations throughout the United States. Through this system, thousands of vital computer processes are executed every second of every day to enable the work done at America’s “Innovation Agency.”</p><p>Until recently, most of this capability lay within the walls of USPTO headquarters in Alexandria. However, we determined in 2018 that this potential single point of failure was no longer tenable. </p><p>In August of 2018 we experienced a multi-day outage of the Patent Application Locating and Monitoring (PALM) database. Afterwards, we committed to stabilize and modernize the USPTO’s IT infrastructure, which was long overdue. Significant portions of our infrastructure were antiquated and prone to failure under stress, and we lacked meaningful redundancies to mitigate the consequences of such failures. </p><p>We began the upgrading process by conducting a top-to-bottom review and mapping of all IT systems. This included engaging outside experts to assess the infrastructure, processes, and organization. We then prioritized the needed improvements, and we set to work. For example, last year we upgraded to a new server platform for the main patent processing system. This new platform is 1,000 times faster, 20 times more efficient, far more stable, and less prone to failure.</p><p>Critical to our stabilization effort is our team’s addition of redundancies – standby systems that enable “failover.” In a failover setup, redundant systems at offsite locations run simultaneously alongside the primary system. If the primary system fails, the standby system takes over, providing virtually uninterrupted support to system users. In addition to adding failover servers, we activated at the alternate site a second 10 gigabit-per-second (10G) Ethernet computer networking circuit, deployed additional active and stand-by databases for key processing systems, and automated our deployment process for the primary and backup locations.</p><p>To test the USPTO’s failover capabilities, on July 2nd and 3rd of this year, our IT team executed a planned outage of the servers housing the Official Correspondence and the Docket and Application Viewer. The files contained in this system are some of the largest, most important, and most accessed IT applications at the USPTO, used for reviewing, filing, and prosecuting patent applications. </p><p>The outage test went as planned, with no issues. The USPTO’s new standby system at the offsite location remained fully operational during the test, with a rapid and seamless transition of the applications from the primary data center. All data was updated in real time and remained secure. </p><p>Following this failover test, we then switched back to the primary data center, again with no issues. </p><p>Our IT team is now moving forward to fully automate the failover system, and we plan to execute similar failover tests several times throughout the year. All along, of course, we continue to upgrade various other hardware and data infrastructure.</p><p>USPTO has come a long way since the PALM outage, but we know there is still much more work to be done. We also understand that these upgrades will take time and require additional resources, and that we will encounter more hurdles along the way. We will stay the course. </p><p>Most importantly, we are committed to ensuring these essential IT systems are reliable for the examiners and users working to further the vital role that innovation, entrepreneurship, and intellectual property play in meeting the great challenges of our time.</p>
https://www.uspto.gov/blog/director/entry/first-rate-information-technology-infrastructure
First-rate information technology infrastructure supports USPTO teleworkers nationwide
dhong2
2020-07-16T11:05:41-04:00
2020-07-16T11:28:09-04:00
<p><em>Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO and Jamie Holcombe, Chief Information Officer of the USPTO<br></em></p>
<p><img alt="server image" src="https://www.uspto.gov/blogdata/img/Server-Room-D-Illustration-682.jpg"></p>
<p>Remember that old U.S. Post Office creed, “Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds?” </p>
<p>That’s how we feel about our work at the United States Patent and Trademark Office (USPTO). Granted, we’ve faced much worse in the past three months than just inclement weather. Even so, the USPTO’s 13,000 employees have endured the historic challenges and, through an efficient teleworking system, have kept America’s engine of innovation moving forward.</p>
<p>Today, so much of what we do at the USPTO relies on our information technology (IT) systems. And there’s no doubt that the pandemic and the resulting stay-at-home orders have tested the limits of these systems. But, after the intensive IT stabilization and modernization efforts of the past two years, the USPTO was well prepared when our physical offices closed in March. </p>
<p>We transitioned to a remote workforce with virtually no disruption, despite having an unprecedented number of employees accessing our IT systems from home. We now have, on average, over 13,000 secure Virtual Private Network (VPN) connections to our campus every day. This is a 75 percent increase over our daily average prior to the pandemic. </p>
<p>We also now have over 1,200 virtual meetings each day using our secure video teleconferencing tools, connecting an average of 6,000 participants from among our workforce, our contractors, and the public at large. Our teleconferencing systems allow employees to conduct a variety of meetings and applicant interviews, and even hold virtual hearings before the Patent and Trademark Trial and Appeal Boards. To fully leverage these collaboration tools, we undertook five system upgrades and configuration enhancements to our teleconferencing infrastructure.</p>
<p>In addition, we planned, staged, and executed the procurement and shipment of 2,000 monitors and 3,200 printers to teleworking employees in the first few weeks after the stay-at-home order was issued. We also deployed over 400 broadband routers to recently hired examiners to provide better connectivity to the USPTO systems.</p>
<p>As we noted last year, fully modernizing the USPTO’s technology systems to industry standards is a large-scale project that will require significant time and effort. Much work remains to be done, and there will undoubtedly be hurdles along the way. Even so, our success in transitioning to almost an entire work-from-home workforce demonstrates that we’ve made remarkable progress in a short period of time.</p>
<p>The USPTO remains committed to helping inventors and entrepreneurs weather this crisis and hit the ground running once it passes. And, in doing so, we will continue to enlist modern ways of doing business, including improving the performance and reliability of our IT infrastructure and other systems.</p>
<p>Our employees and our IT team continue to make us very proud. They work tirelessly to ensure that nothing stops our service to America’s innovators. </p>
https://www.uspto.gov/blog/director/entry/spotlight-on-commerce-thomas-hong
Spotlight on Commerce: Thomas Hong, Primary Patent Examiner
USPTO
2020-05-20T06:10:25-04:00
2020-05-20T06:10:25-04:00
<p>Guest blog by Thomas Hong, Primary Patent Examiner, U.S. Patent and Trademark Office</p>
<p><strong>Editorial note: This <a href="https://www.commerce.gov/news/blog/2020/05/spotlight-commerce-thomas-hong-primary-patent-examiner-us-patent-and-trademark">post</a> is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce employees in honor of Asian American and Pacific Islander (AAPI) Heritage Month.</strong></p>
<p><strong><font face="Times New Roman" size="3"><img alt="Thomas Hong and officers from the Korean-American IP Association" src="https://www.uspto.gov/blogdata/img/KAIPO_annual_meetin_with_officers_682.jpg" /></font></strong></p>
<p><em>Thomas Hong (right) with officers from the Korean-American Intellectual Property Organization at the USPTO.</em></p>
<p>I am a primary patent examiner at the U.S. Patent and Trademark Office (USPTO). I review patent applications within the mechanical engineering technology center, specializing in amusement and education devices. I also serve as president of the Korean-American Intellectual Property Organization (KAIPO), the USPTO’s youngest affinity group, which aims to promote and support the growth and development of Korean-American intellectual property professionals. </p>
<p>It took me more than a decade to reach where I am today. Upon graduating with a bachelor’s degree in mechanical engineering at Seoul National University in South Korea in 1999, I immigrated to America with my family in pursuit of new opportunities. </p>
<p>I continued my studies at Purdue University and obtained a Master of Science in Mechanical Engineering in 2004, and my thesis topic related to Computer Aided Design and Manufacturing. This led me to my first career as a software developer with government consulting firms. While it was a good job, I found that it was not the right career path for me. I felt that I rushed into the job and surrendered to the industry’s demands. I felt like I lost sight of my passions and interests and didn’t see myself growing in this field. I decided to change my career path and enrolled at the George Mason School of Law (now known as Antonin Scalia Law School).</p>
<p>As a first generation immigrant, law school was an eye-opening experience for me. I was one of only a few among my classmates holding a college degree from a non-English speaking country. I found myself not only having to develop my fluency in English, but also having to start learning a completely new language: law. While these years weren’t easy, I realized how fortunate I was to have a family and community that was incredibly supportive of me as I pursued my goals and ambitions. Many first-generation immigrants sacrifice these kinds of opportunities for their future generations.</p>
<p>Law school was a turning point for me. It was a time for self-reflection. It was during law school that my mindset began changing from a singular, self-serving view to a more encompassing community view. I looked not only at how I can better myself, but also at how I can better serve and contribute to my community and beyond. I started volunteering for communities I belonged to. I was a marshal at the PGA Tour Tournament, was on the board of directors in my neighborhood’s community group, and served as an officer for the Korean-American Intellectual Property Bar Association (KAIPBA). </p>
<p>I ultimately chose to work for the federal government because, to me, being a career civil servant is a privilege. This unique career gives me an opportunity to serve our biggest community, the public, while simultaneously developing my career and growing as a person.</p>
<p>One of my proudest moments of my time here at USPTO has been working with my colleagues to establish an affinity group for Korean-American professionals at the USPTO: KAIPO. The USPTO’s workforce encompasses multi-generation Asian immigrants, including Korean-Americans, who face unique challenges and have extraordinary knowledge and experiences to pass on. My hope for KAIPO is to connect these different generations so that we can share our unique experiences and help each other grow and develop in our professional and personal lives.</p>
<p>My advice for those who are interested in a federal government career is to continuously strive to learn and develop your competencies, and find your passions. When you find where these align, you begin to find how you can best contribute and serve the public. </p>
<p>Asian American and Pacific Islander Heritage Month is a time for celebration and a time to recognize contributions of the Asian American and Pacific Islander community in this country. It was a long journey, spanning two countries, for me to get to this point in my career, and I am proud and honored to be here at the USPTO working in public service alongside so many dedicated and hardworking individuals.</p>
<p><strong>Ed. Note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce employees in honor of Asian American and Pacific Islander (AAPI) Heritage Month.</strong></p>
https://www.uspto.gov/blog/director/entry/spotlight-on-commerce-elizabeth-chu
Spotlight on Commerce: Elizabeth Chu, Social Media Specialist and Acting Website Editor-in-Chief
USPTO
2020-05-05T12:42:16-04:00
2020-05-05T12:42:16-04:00
<p> <em>Guest blog by Elizabeth Chu, Social Media Specialist and Acting Website Editor-in-Chief, USPTO</em></p>
<p>Editorial Note: This <a href="https://www.commerce.gov/news/blog/2020/05/spotlight-commerce-elizabeth-chu-social-media-specialist-and-acting-website">post</a> is part of a series in honor of Public Service Recognition Week (PSRW), showcasing the vast and diverse work of Commerce employees collectively working together to deliver important services that are helping the American economy grow.</p><em>
<p><img alt="USPTO staff at “Apollo 50: The role of intellectual property in space commerce” event on July 23, 2019" src="https://www.uspto.gov/blogdata/img/20190723_USPTOApollo50th_edited_682.jpg" /> </p></em>
<p><em>Elizabeth Chu (pictured first row, center) and USPTO communications staff at the “Apollo 50: The role of intellectual property in space commerce” event on July 23, 2019.</em></p>
<p><em></em>As the Social Media Specialist for the U.S. Patent and Trademark Office (USPTO), I am responsible for planning, implementing, and monitoring the agency’s social media strategy to increase brand awareness and strengthen our digital presence. Recently, I stepped in as the Acting Website Editor-in-Chief, due to the recent departure of a colleague. Adding website responsibilities and new skills to my current role as Social Media Specialist—all during a pandemic—has been a whirlwind, to say the least. Luckily, I’m surrounded by generous, dedicated, and talented colleagues in the Office of the Chief Communications Officer who help and support me when I need it. It’s a privilege to work side-by-side with professional and expert communicators in a fast-paced work environment.</p>
<p>My parents and sisters immigrated to the United States from South Korea in the 1980s. I was born in North Carolina, but my family moved to Maryland when I was very young and raised me there. Growing up, my parents and sisters have always been my main influences. Like most first-generation immigrants, my parents worked hard, long days in blue-collar jobs. Watching them, I learned that diligence, honesty, and a good education were important for a successful career and life. I feel fortunate to have a family that’s supportive of all my passions and career pursuits.</p>
<p>I studied art history at the University of Maryland and, after graduation, started my first full-time job in Washington, D.C. Halfway through my three years at the National Gallery of Art, I applied to an arts management program at American University. After receiving a Master of Arts in arts management, I began working for the Washington Ballet in the marketing and communications department where I gained a lot of marketing and communications experience. Nonprofit arts organizations are fast-paced, hardworking entities with limited budgets. Supporting the arts was a fulfilling experience because I could share my passion for the arts every day with others. Although I no longer work for arts organizations, I still seek volunteer opportunities with museums or studio arts classes.</p>
<p>Transitioning from a small, nonprofit arts organization to a federal agency with over 13,000 employees was initially nerve-racking, but it’s been one of the most rewarding changes of my life. Not only do I have the pleasure of working with a creative and talented team of communicators at the USPTO, but I have also had the unique opportunity to work on award-winning projects such as 10 Million Patents and the commemoration of the 50th anniversary of the moon landing. The former is a significant milestone that we planned for and executed over a multi-month timeline with a detailed communications plan. The campaign culminated with an official signing ceremony at the White House and a special event at George Washington’s Mount Vernon. The moon landing event was significant to me because I led and coordinated the communications plan for that project. Our focus was on space innovation, technology transfer from the Apollo missions, and an overview of the current Administration policy on space exploration and space commerce. This communications plan culminated in one of the biggest events in recent USPTO history and featured the NASA Administrator Jim Bridenstine and Secretary of Commerce Wilbur Ross. These projects were successful because of the extremely talented and knowledgeable communicators on my team.</p>
<p>Working on major, successful campaigns that help educate the public about the importance of intellectual property is an honor and privilege. It is especially rewarding that I get to do this work with over 13,000 other colleagues dedicated to American innovation and who work hard every day on behalf of inventors, makers, and creators across the United States. </p>
<p>I am proud to work in public service at the U.S Patent and Trademark Office because I know that my efforts to educate the public and raise public awareness support innovators of all ages, genders, and backgrounds.<br /></p>
https://www.uspto.gov/blog/director/entry/ptab-launches-the-legal-experience
PTAB launches the Legal Experience and Advancement Program (LEAP) for the next generation of patent practitioners
$entry.creator.screenName
2020-04-28T12:51:55-04:00
2020-04-29T04:47:28-04:00
<p><font face="Times New Roman" size="3"> </font></p>
<p style="margin: 0in 0in 0pt;"><em style="mso-bidi-font-style: normal;"><span style="line-height: 115%; font-size: 12pt; mso-bidi-font-size: 11.0pt;"><font face="Calibri">Blog by Andrei Iancu, Under Secretary of Commerce for
Intellectual Property and Director of the USPTO, and Scott Boalick, Chief Judge
of the Patent Trial and Appeal Board of the USPTO</font></span></em></p><font face="Calibri">
<p> <img alt="A female law clerk makes a mock argument before the PTAB." src="https://www.uspto.gov/blogdata/img/20200211_ptab_041_682.jpg" /></p>
<p><font size="3"><em>(Photo by Jay Premack/USPTO)</em></font></p>
<p><font size="3">Today, the USPTO officially launches the Patent Trial and Appeal Board’s (PTAB) Legal Experience and Advancement Program (<a href="https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/leap?MURL=leap">LEAP</a>). LEAP is designed to foster development of the next generation of patent practitioners by creating opportunities to gain the proper skills and experience in oral arguments before the Board. The USPTO understands that “stand up” speaking opportunities before tribunals are limited and that gaining courtroom experience is advantageous for practitioners in their career development. Additionally, having a patent bar with strong oral advocacy skills benefits clients, the USPTO, the courts, and the whole IP system.</font></p>
<p><font size="3"><font size="3">A LEAP practitioner is defined as someone who is new to the practice of law or new to practice before the PTAB. To qualify as a LEAP practitioner, a patent agent or attorney must have three or fewer substantive oral arguments in any federal tribunal, including PTAB, <em><u>and</u></em> seven or fewer years of experience as a licensed attorney or agent. By arguing before the PTAB, LEAP practitioners gain oral advocacy skills that will benefit them when appearing before any tribunal in the future. Likewise, they may reap the reward of drafting or contributing significantly to an underlying motion, brief, oral argument, or client position.</font></font></p>
<p><font size="3"><font size="3">In exchange for giving a LEAP practitioner the opportunity to present argument as part of the program, the Board will grant additional argument time to the party, typically up to fifteen minutes depending on the length of the proceeding and the PTAB’s hearing schedule. The extra argument time is intended to incentivize appellants and parties to support LEAP practitioners. This plays a key role in helping the USPTO achieve its goal of offering legal experience and advancement to a diverse group of practitioners.</font></font></p><font size="3"> </font>
<p><font size="3"><img alt="A law clerk presenting a mock oral hearing before the PTAB from the Alexandria headquarters" src="https://www.uspto.gov/blogdata/img/20200211_ptab_047_682.jpg" /> </font></p><font size="2">
<p><em><font size="3">(Photo by Jay Premack/USPTO)
</font></em></p>
<p><font size="3"><em> </em><font size="3">A LEAP practitioner may conduct the entire oral argument or may share time with other counsel, provided that the LEAP practitioner is offered a meaningful and substantive opportunity to argue. For example, a LEAP practitioner may argue claim construction, a motion to exclude evidence, or a patentability issue. More experienced counsel may assist a LEAP practitioner, if necessary, during oral argument and may clarify any statements on the record.</font></font></p>
<p><font size="3"><font size="3"><font size="3">It is easy to participate in LEAP. For an appeal, an appellant should send an email to <a href="mailto:PTABHearings@uspto.gov">PTABHearings@uspto.gov</a> at least five business days before the hearing. Similarly, for an AIA proceeding, a party should send an email to <a href="mailto:Trials@uspto.gov">Trials@uspto.gov</a> at least five business days before the hearing. The program becomes effective on May 15, 2020, and LEAP practitioners may begin filing requests to participate in this program starting on that day.</font></font></font></p></font>
<p><font size="3">The USPTO will also provide training to familiarize LEAP practitioners with oral argument procedures before the PTAB. The training will address the flow of a hearing, effective use of hearing time, use of demonstratives during a hearing, and other oral advocacy tips. This training will provide an added measure of confidence in the preparation of LEAP practitioners for both the PTAB case at hand, as well as any IP litigation down the road.</font></p>
<p><font size="3">Innovation and the intellectual property system behind it form the engine of economic growth and development. Expanding this ecosystem is critically important to ensuring America’s continued economic strength and technological leadership. New practitioners are a key element of this effort, and it is important to expand their participation. LEAP is one step in that direction. For more information on the USPTO’s resources on expanding innovation, please visit our <a href="https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/leap?MURL=leap">newly launched webpage</a> at uspto.gov.</font></p>
<p><font size="3">We look forward to working with our stakeholders and the bar to further develop this and similar programs. </font></p></font>
https://www.uspto.gov/blog/director/entry/recognizing-world-ip-day
Recognizing World IP Day
USPTO
2020-04-27T05:51:11-04:00
2020-04-27T05:51:11-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu</em></p>
<p> </p>
<p><img alt="World IP Day 2020" src="https://www.uspto.gov/blogdata/img/WIPD20-Drupal32_682.png" /> </p>
<p> </p>
<p>Twenty years ago, the World Intellectual Property Organization designated April 26 as World Intellectual Property Day to recognize the importance of innovation, creativity, and the positive role of intellectual property. “Innovate for a Green Future” is the theme for 2020’s World Intellectual Property Day, encouraging the world to build on “green tech” ideas to improve our health, well-being, and economy.</p>
<p>There is a long history of inventions that have enhanced our quality of life, from reducing air pollution to keeping food fresh. Consider the example of the catalytic converter. In response to studies about the growing dangers of smog in Los Angeles, French-American engineer <a href="https://www.invent.org/inductees/eugene-houdry">Eugene Houdry</a> pioneered catalytic converter devices for industrial factory smokestacks. He subsequently developed catalytic converters for gasoline engines. These devices convert pollutants from the exhaust gas into less toxic substances. Today, the device is standard on all American cars. In 1956, Houdry was awarded U.S. Patent No. 2,742,437 for Catalytic Structures. In 1990, he was inducted into the National Inventors Hall of Fame for Catalytic Cracking. </p>
<p>More recently, horticulturist <a href="https://www.invent.org/inductees/sylvia-blankenship">Sylvia Blankenship</a> and biochemist <a href="https://www.invent.org/inductees/edward-sisler">Edward Sisler</a> developed a novel compound that significantly extends the freshness and storage life of fruits and vegetables by mitigating the effects of ethylene, which ripens produce. Their invention enables year-round access to fresh food and reduces food waste. This year, Blankenship and Sisler will be inducted into the National Inventors Hall of Fame for their invention, U.S. Patent No. 5,518,988 for 1-MCP for Fruit, Vegetable and Flower Freshness.</p>
<p>You can learn more about these inventors and other pioneers of technology through the National Inventors Hall of Fame <a href="https://www.invent.org/NIHF-hall-of-fame-inductees-list-alphabetical">inductee database</a>. </p>
<p>The USPTO and IP communities are working together to empower inventors, entrepreneurs, and pioneers in the green tech space and beyond through <a href="https://www.uspto.gov/ip-policy/patent-policy/patents-humanity">Patents for Humanity</a>, an annual awards competition recognizing innovators who use game-changing technology to meet global humanitarian challenges. The program provides business incentives for reaching those in need. Winners receive an acceleration certificate to expedite select proceedings at the USPTO as well as public recognition for their work. The awards showcase how patent holders with vision are pioneering innovative ways to provide affordable, scalable, and sustainable solutions to improve the human condition.</p>
<p>We currently live in the midst of a global pandemic. As always, inventors will create new technologies that will help us overcome these unprecedented challenges. On this World IP Day, please take a moment to recognize all inventors and entrepreneurs and to appreciate the innovations all around us that make our lives happier and healthier.</p>
<p>Please view our <a href="https://youtu.be/-4uYGl3cE_A">World IP Day 2020 video message</a>.<br /></p>
https://www.uspto.gov/blog/director/entry/spotlight-on-commerce-allison-bourke
Spotlight on Commerce: Allison Bourke, Supervisory Patent Examiner
USPTO
2020-03-31T11:45:21-04:00
2020-05-06T14:20:28-04:00
<p> <em>Guest blog post by Allison Bourke, Supervisory Patent Examiner, U.S. Patent and Trademark Office</em></p><em>
<p><img alt="Allison Bourke, Supervisory Patent Examiner" src="https://www.uspto.gov/blogdata/img/20170718_rmro_062_682.jpg" /></p></em>
<p><em><em>Allison Bourke, Supervisory Patent Examiner, U.S. Patent and Trademark Office</em></em></p>
<p><em>Ed. note: This post is part of the </em><a href="https://www.commerce.gov/tags/spotlight-commerce"><u><font color="#0066cc"><em>Spotlight on Commerce series </em></font></u></a><em>highlighting the contributions of Department of Commerce women during Women’s History Month.</em></p>
<p><em></em>I am a supervisory patent examiner at the Department of Commerce’s <a href="https://www.uspto.gov/">United States Patent and Trademark Office</a> (USPTO) in electrochemistry technology, specifically solar cells, thermoelectrics, fuel cells, and batteries. I support 15 patent examiners and provide assistance so they can get their patent applications reviewed in a timely manner.</p>
<p>I started at the USPTO as a patent examiner in Alexandria, Virginia, in 2009, after attending the University of Arizona and University of Michigan for degrees in chemical engineering, and I absolutely loved my experience in the D.C. metro area. I grew up in the mountains of northern Arizona, so when the opportunity to work in the USPTO office in Denver arose (the Rocky Mountain Regional Office opened in 2014), I packed up my stuff and cats and headed west! I have really enjoyed the small office experience in Denver (100 employees vs. thousands of employees in Alexandria), and the outdoor opportunities in the area are endless. In Denver, I have become a mentor to a young elementary school girl who is attempting to conquer her multiplication tables. </p>
<p>One of my proudest accomplishments at the USPTO has been helping found, with other like-minded colleagues, two women’s organizations: Women in Science and Engineering at the Alexandria campus and Women in Technology and Science at the Rocky Mountain Regional Office. Both organizations have a mission to promote STEM/intellectual property (IP) for K-12 and college students and support members through social and enrichment activities. We have organized, given talks to local college Society of Women Engineers sections about careers in IP, and, with the Rocky Mountain Office’s Outreach team, assisted with Girl Scout IP Patch days and women’s IP networking events with outside organizations. Both organizations celebrate women all year long but focus on Women’s History Month with numerous activities, such as hosting inspirational talks, tea parties, and strong women movie-viewing parties. </p>
<p>I look forward to March each year so we can remind everyone of all the awesome accomplishments of women throughout history and inspire those for the future!<br /></p>
https://www.uspto.gov/blog/director/entry/uspto-launches-the-expanding-innovation
USPTO launches the Expanding Innovation Hub, a new online platform to encourage greater participation in the patent system
$entry.creator.screenName
2020-03-23T10:52:37-04:00
2020-05-06T14:21:21-04:00
<p><em>Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Laura Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO</em></p>
<p><img alt="Red, yellow, and blue silhouettes of heads look left and right. " src="https://www.uspto.gov/blogdata/img/Round-Four-Ideas_v2-682px.jpg" /></p>
<p><em>“To maintain our technological leadership, the United States must broaden our innovation ecosphere demographically, geographically, and economically.”---USPTO Director Andrei Iancu</em> </p>
<p>
Today, as part of Women’s History Month, the USPTO has officially launched the <a href="https://www.uspto.gov/initiatives/expanding-innovation">Expanding Innovation Hub</a> (“the Hub”), an online platform available on the USPTO website that provides resources for inventors and practitioners to encourage greater participation in the patent system. The new platform is yet another step the USPTO has taken to broaden the innovation ecosphere, to inspire novel inventions, to accelerate growth, and to drive America’s global competitive edge. It builds on our <a href="https://www.uspto.gov/sites/default/files/documents/USPTOSuccessAct.pdf">SUCCESS Act report to Congress of 2019</a>, as well as our <a href="https://www.uspto.gov/sites/default/files/documents/Progress-and-Potential.pdf">Progress and Potential report</a> on women inventors.</p>
<p> “Expanding Innovation” is part of the USPTO’s effort to inspire more women, minorities, veterans, and geographically and socioeconomically diverse applicants to join the innovation economy. Important pillars of that effort include education and mentorship. On the Hub, you will find the new <a href="https://www.uspto.gov/initiatives/expanding-innovation/demystifying-patent-system">Demystifying the Patent System Toolkit</a>, designed to help innovators understand the process of obtaining a patent. Additional resources on the Hub include the <a href="https://www.uspto.gov/initiatives/expanding-innovation/mentoring-programs">Mentoring Toolkit</a>, intended to assist organizations in establishing an infrastructure to connect experienced innovators with the next generation in their organization; and <a href="https://www.uspto.gov/initiatives/expanding-innovation/community-groups">Community Group Resources</a>, designed to help organizations establish an infrastructure to connect groups of employees with shared characteristics, interests, and goals.</p>
<p>These new tools are in addition to many other efforts at the USPTO to help expand the innovation ecosystem. We will continue to host a wide variety of events to amplify this message, such as <a href="https://www.uspto.gov/blog/director/entry/inventors_converge_at_invention_con">Invention-Con</a> and the <a href="https://www.uspto.gov/about-us/events/womens-entrepreneurship-symposium-1">Women’s Entrepreneurship Symposium</a>. We have a <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-se-assistance-program">pro se</a> assistance program to help inventors who are not represented by counsel apply for patents. We have a <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/patent-pro-bono-program">pro bono</a> network, and we also work with 60 participating <a href="https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1">law school clinics</a>, all to help inventors and entrepreneurs secure free or discounted legal services. We provide a host of other <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources">online resources</a> to help guide and educate inventors as well. </p>
<p>We also continue to expand our reach geographically. In addition to our headquarters in Alexandria, we have four regional offices in Detroit, Denver, San Jose, and Dallas, and 83 <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-and-trademark-resource-centers-ptrcs">Patent and Trademark Resource Centers</a> located in public, state, and academic libraries across the country. These centers not only offer a physical connection to valuable government resources, but they also offer regular programming, office hours, and staff trained to assist inventors and entrepreneurs with intellectual property (IP) research.</p>
<p>The USPTO also supports dozens of STEM-related programs that provide education about IP to young men and women. These include programs in partnership with the <a href="https://www.invent.org/">National Inventors Hall of Fame</a>, such as <a href="https://www.invent.org/programs/camp-invention">Camp Invention</a>, which is offered in school districts in every state, and the <a href="https://www.invent.org/collegiate-inventors">Collegiate Inventors Competition</a>, which takes place each year at the USPTO; the <a href="https://www.uspto.gov/learning-and-resources/outreach-and-education/national-summer-teacher-institute">National Summer Teacher Institute</a>, which brings invention and IP into the nation’s classrooms; collaborations with historically black colleges and universities; the <a href="https://www.uspto.gov/kids/patchFAQ.html">Girl Scout IP patch</a>, which is available to Girl Scout troops across the nation; and so much more. </p>
<p>Now, with the new Expanding Innovation Hub on our website, inventors will have a central location to find information about all of our programs and resources.</p>
<p>America’s economic prosperity and technological leadership depend on a strong and inclusive innovation ecosystem. That is why it is so important to make sure all Americans have the opportunity to develop and protect their inventions, build thriving businesses, and succeed. It is therefore critical that industry, academia, and government work together to broaden our innovation ecosphere demographically, geographically, and economically. Please visit the <a href="https://www.uspto.gov/initiatives/expanding-innovation">Expanding Innovation Hub</a> and check back often to engage with us in this critical endeavor.<br /> </p>
https://www.uspto.gov/blog/director/entry/spotlight-on-commerce-davetta-goins
Spotlight on Commerce: Davetta Goins, Supervisory Patent Examiner
USPTO
2020-02-26T09:11:10-05:00
2020-02-26T09:11:10-05:00
<p><em>Guest blog post by Davetta Goins, Supervisory Patent Examiner, U.S. Patent and Trademark Office</em></p>
<p><img alt="Davetta Goins, Supervisory Patent Examiner, USPTO" src="https://www.uspto.gov/blogdata/img/davetta-goins.jpg" /></p>
<p><em>Davetta Goins, Supervisory Patent Examiner (Photo by Jay Premack/USPTO)</em></p><em>
<p><em><em>Ed. note: This post is part of the </em><a href="https://www.commerce.gov/tags/spotlight-commerce"><em>Spotlight on Commerce series </em></a><em>highlighting the contributions of Department of Commerce African Americans during Black History Month.</em> </em></p></em>
<p>Growing up in the Hampton Roads area of Virginia, where my family, neighbors, and close friends were scientists, engineers, doctors, lawyers, and teachers, I was surrounded by professionals. My parents were very active in community organizations that helped encourage teens in local high schools to enter the fields of science, math, and technology. These programs introduced me to a vast array of career paths, and paved the way for my decision to pursue a degree in electrical engineering.</p>
<p>After graduating from North Carolina Agricultural and Technical State University, a Historically Black College or University, I became a patent examiner at the Department of Commerce's U.S. Patent and Trademark Office (USPTO). When I started working for the agency, I was one of only a few black women working in a Technology Center (TC) of around 200 examiners. This was disconcerting, especially because the first black patent clerk, Anthony Bowen, had been an employee in the 1830's. That was well over 160 years prior to me joining the USPTO. However, I have seen the agency become extremely diverse over the past 20 years. Today, nearly one-fifth of the USPTO’s employees are African American. I attribute this increase in number to various recruiting programs and affinity groups that promote science and engineering to local communities and historically black universities--like the one I attended.</p>
<p>After examining patents in the field of electrical communications for 15 years, I became a Supervisory Patent Examiner. I now oversee a group of employees who review applications related to electrical audio signal processing systems and devices. Aside from assisting examiners with their work product, I also support various projects in the agency. I mentor as well as provide mock interviews to employees who aspire to become managers, travel to various universities to inform students of job opportunities the USPTO has to offer, and co-lead an engagement team that helps foster initiatives centered around the agency’s mission and strategic plan. I also lead a work-life team, which organizes activities for TC employees in hopes of creating a balance of work and life.</p>
<p>I’m proud to work for an agency that strives for the inclusion of all backgrounds while providing ample opportunities to employees as they further their careers.</p>
https://www.uspto.gov/blog/director/entry/nominations-now-open-for-the
Nominations now open for the National Medal of Technology and Innovation
USPTO
2020-02-25T10:10:39-05:00
2020-03-19T10:33:36-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu</em></p>
<p><img src="https://www.uspto.gov/blogdata/img/20160519_nmti_105_682.jpg" /></p>
<p><em>NMTI laureates Joseph DeSimone, Cato Laurencin, and Mark Humayun after the White House medal ceremony. (Photo by Jay Premack/USPTO)</em> </p>
<p>Nominations are now open for the 2020 <a href="https://www.uspto.gov/learning-and-resources/ip-programs-and-awards/national-medal-technology-and-innovation-nmti">National Medal of Technology and Innovation</a> (NMTI) and will remain open until May 1, 2020. The NMTI is the nation’s highest honor to recognize those who have made great strides in advancing America’s competitiveness and quality of life and who have strengthened the nation’s workforce through technological innovations. Past winners include renowned inventors Steve Wozniak and Steve Jobs, whose imprint on modern technology is unmistakable. </p>
<p>The President of the United States presents this award annually to America’s leading technological honorees. As <a href="https://www.reaganlibrary.gov/research/speeches/21985a">President Reagan expressed in 1985 during the first NMTI ceremony</a>, each of the recipients of this award is recognized as a hero “just as surely as were Thomas Edison and Alexander Graham Bell.” This sentiment holds as true today as it did then. President Reagan went on to explain:</p>
<p align="center"><em>“The story of American technology is long and proud. It might be said to have begun with a blacksmith at his bellows, hammering out fine tools, and the Yankee craftsman using simple wood planes, saws, and mallets to fashion the fastest sailing ships on the ocean. And then came the railroad men, driving spikes across our country. </em></p><em> </em>
<p align="center"><em>And today the story continues with the workers who built the computer in a child’s room; the engineers who designed the communications satellite that silently rotates with the Earth, shining in the sunlight against the blackness of space; and the men and women of skill and determination who helped to put American footprints on the Moon.”</em></p>
<p>The USPTO strives to share the stories of these NMTI laureates and others. As a part of the USPTO Speaker Series, for example, we recently welcomed to our headquarters Dean Kamen, inventor of the Segway® and founder of FIRST®, an organization inspiring young people to participate in STEM fields. <a href="https://www.uspto.gov/learning-and-resources/uspto-videos/speaker-series-vint-cerf">Vint Cerf</a> and <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/defying-doubters">Robert Metcalfe</a>, two internet pioneers, also joined us for events like the Speaker Series and the Patent 10 Million unveiling. <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/field-stories/going-beyond-horizon">Jim West</a>, inventor of the electret (modern) microphone, <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/failure-or-challenge">Cherry Murray</a>, inventor of an optical data storage system for telecommunications, and Nobel Prize winner <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation/audio-stories/beyond-nobel">Frances Arnold</a>, whose work focuses on making fuel and chemicals from renewable sources, have been featured in the USPTO <a href="https://www.uspto.gov/learning-and-resources/journeys-innovation">Journeys of Innovation</a> series. The role that intellectual property (IP) plays in these inventors’ transformative innovations underscores the importance of a strong IP system to our nation’s prosperity.</p>
<p><img src="https://www.uspto.gov/blogdata/img/Z00A5386_cropped_682.jpg" /></p>
<p><em>NMTI laureate Edith Flanigen received the award for her innovations in molecular sieves, which are used to purify petroleum, water, and countless other compounds. (Photo by Amando Carigo/USPTO)</em></p>
<p>If you are interested in submitting a nomination and would like more information, please <a href="https://rev-vbrick.uspto.gov/#/videos/85ad4f30-45af-4d3f-a647-742d6fbd5cb6">watch the recorded webinar</a>. We accept nominations for individuals, teams (up to four individuals), companies, and divisions of companies for their outstanding contributions to America’s economic, environmental, and social well-being. We invite a wide range of submissions that will demonstrate the incredible breadth of innovation taking place throughout all corners of the United States. Nominations of those from traditionally underrepresented groups are highly encouraged. Any nominee will remain under consideration for up to three consecutive years.</p>
<p>Initial selections will be made by the <a href="https://www.uspto.gov/learning-and-resources/ip-programs-and-awards/national-medal-technology-and-innovation/nomination">NMTI Nomination Evaluation Committee</a>, which reviews nominations and makes recommendations to the Secretary of Commerce. The committee will then make recommendations to the President for final selection. <a href="mailto:nmti@uspto.gov?subject=NMTI%20nomination">Please contact the NMTI program staff</a> for additional information. To receive announcements about NMTI, <a href="http://public.govdelivery.com/accounts/USPTO/subscriber/new?topic_id=USPTO_30">sign up for the USPTO Awards newsletter</a>.</p>
https://www.uspto.gov/blog/director/entry/uspto-in-the-game-at
USPTO in the game at CES
USPTO
2020-02-24T03:39:48-05:00
2020-02-24T10:43:44-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu<em> </em></em></p><em>
<p><em><img alt="Iancu, Ross, and Kratsios visit booth at CES" src="https://www.uspto.gov/blogdata/img/20200108_ces-ross_009_4_682.jpg" /><em><em>From left: U.S. Chief Technology Officer Michael Kratsios, Director of the USPTO Andrei Iancu and Secretary of Commerce Wilbur Ross visit the joint government booth at CES. (Photo by Jeff Isaacs/USPTO)</em></em></em></p></em>
<p>In January, Las Vegas turned its attention from the bright lights, shows, and casinos to leading consumer technology innovations in robotics, transportation, electronics, and more. Thousands of technology enthusiasts, including representatives from the Department of Commerce, the USPTO, the National Science Foundation (NSF), and the Small Business Administration (SBA), descended upon the bustling metropolis for CES to take part in what has been billed as the “Global Stage for Innovation.” Now in its 52nd year, CES is the place to be for those in the consumer technology industry. It is also one of the largest consumer shows in the world with more than 180,000 attendees and thousands of exhibitors. This year’s show featured an incredible array of products, including foldable tablets, smart home devices, plant-based substitutes for pork, emotional support robots, and flying taxis. These are not only the technologies of the distant future – many are available in the marketplace today. </p>
<p><em>USPTO Gets in the Game<em> </em></em></p> <em>
<p><img alt="Joint government booth at CES" src="https://www.uspto.gov/blogdata/img/20200108_ces-booth_002_682.jpg" /></p></em>
<p><em>Joint federal government booth at CES. (Photo by Jeff Isaacs/USPTO)</em></p>
<p>Through our annual participation in CES, the USPTO is able to reach many current and future entrepreneurs to drive home the importance of securing intellectual property (IP) both domestically and abroad. </p>
<p>The theme of the USPTO booth at CES’s Eureka Park startup village was “Get in the (intellectual property) Game.” The booth was co-located with a National Inventors Hall of Fame (NIHF) exhibit highlighting the work of Stan Honey, inventor of the electronic football first down line. At the booth, staff from the USPTO provided resources on securing patent, trademark, and other IP rights. We were also joined by representatives from NSF, SBA, and SelectUSA who provided assistance to startups to help them navigate opportunities offered by the federal government.<em> </em></p> <em>
<p><img alt="Pascale Faure at USPTO booth" src="https://www.uspto.gov/blogdata/img/20200108_ces-faure_016_682.jpg" /></p></em>
<p><em>Director General of the French Patent Office (Institut National de la Propriété, INPI), Pascal Faure visits with Director Iancu at CES. (Photo by Jeff Isaacs/USPTO)</em></p>
<p>Visitors to our CES booth included U.S. Secretary of Commerce Wilbur Ross and U.S. Chief Technology Officer (CTO) Michael Kratsios. The Director General of the French Patent Office (Institut National de la Propriété, INPI), Pascal Faure, also joined us briefly, and he even got a quick lesson on American football!</p>
<p><em>NIHF Inductee Announcement</em></p>
<p><em><em><img alt="NIHF inductee announcement" src="https://www.uspto.gov/blogdata/img/20200107_ces_044_682.jpg" /></em></em></p>
<p><em>From left: Director Iancu and NIHF Executive Vice President Rini Paiva announced the 2020 class of inductees on the CTA Tech stage on January 7. They were joined by two of the new inductees, Mick Mountz and Raffaello D’Andrea, co-founders of robotics company Kiva Systems. (Photo by Jeff Isaacs/USPTO)</em> </p>
<p>During CES, I also had the great pleasure of announcing the 2020 inductees to the National Inventors Hall of Fame (NIHF) along with NIHF Executive Vice President Rini Paiva. This year’s class of inductees featured a tie for the highest number of women inventors from the past years. Technologies from the inductees ranged from the modern parachute to medical devices and software. I was delighted to be joined live during the announcement by two of the 2020 inductees – Mick Mountz and Raffaello D'Andrea – the co-founders of the robotics company, Kiva Systems. We look forward to further celebrating the entire class of the 2020 living and historic inventor-inductees and their societal contributions. The NIHF 2020 class will be officially inducted in May at a ceremony in Washington, D.C. <a href="https://www.invent.org/inductees/new-inductees">View the entire list of the 2020 class of inductees</a>, or <a href="https://www.facebook.com/wired/videos/842489769533110/UzpfSTExNDkxMjY4ODUyMjIzMTozMDk3MjI0MTEzNjI0Mzky/">watch the induction announcement from CES</a>.</p>
<p><em>Artificial Intelligence and Innovation Policy</em><br /></p><em>
<p><img alt="Petricone interviews Iancu at CES" src="https://www.uspto.gov/blogdata/img/20200108_ces-ai_023_682.jpg" /></p></em>
<p><em>Consumer Technology Association’s Michael Petricone interviews Director Iancu at CES. Their discussion centered around artificial intelligence and intellectual property. (Photo by Jeff Isaacs/USPTO)</em></p>
<p>Innovation is at the heart of CES’s annual agenda. This year’s show emphasized artificial intelligence (AI) technologies and the numerous innovative products grounded in AI. </p>
<p>I had the pleasure of being interviewed by the Consumer Technology Association’s Senior Vice President for Government Affairs Michael Petricone on the topic of U.S. IP and innovation policy. <a href="https://live.ces.tech/detail/videos/innovation-policy/video/6120805437001/one-on-one-with-the-uspto-director?autoStart=true">Watch the recording of the interview</a>. Michael remarked that “the USPTO is the world’s greatest and most pro-innovation patent system.” During our discussion, I summarized some of the USPTO’s current thoughts on AI innovation and patent issues. More public discussion on this topic can be expected in the near future. </p>
<p>U.S. Chief Technology Officer Michael Kratsios, who visited the USPTO booth, also spoke about <a href="https://www.whitehouse.gov/ai/executive-order-ai/">AI policy</a>. His focus was on the newly released White House Executive Order and principles promoting the need for a more balanced regulatory approach on safety in the innovation space. An overarching theme of these regulations is a focus on potential risks related to the government’s over-regulation of AI. As he explained during an interview, “If we’re too heavy-handed with artificial intelligence, we will end up stifling entire industries, and we want to make sure to [instead] foster the generation [of these industries] in the United States.” </p>
<p>I also met with U.S. Department of Transportation Secretary, Elaine Chao. Secretary Chao spoke at length about AI regulation as it relates to the transportation industry. In prepared remarks, she stressed the critical importance of “protecting American innovation and creativity – by protecting intellectual property.”</p>
<p>CES made abundantly clear, once again, that innovation is driving the next generation and the future. IP is the necessary ingredient that fuels such innovation at accelerating rates. As the guardian of our intellectual property system, the USPTO looks forward to helping entrepreneurs and inventors protect these exciting new technologies.<br /></p>
https://www.uspto.gov/blog/director/entry/p4h
Innovations that change the world – apply for Patents for Humanity (P4H) by February 15, 2020
USPTO
2020-02-03T03:46:58-05:00
2020-05-06T14:23:56-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu</em></p>
<p><em><img alt="Patents for Humanity logo" src="https://www.uspto.gov/blogdata/img/P4H%20graphic_682.jpg" /> </em></p>
<p>Patents for Humanity is <a href="https://www.uspto.gov/ip-policy/patent-policy/patents-humanity?MURL=patentsforhumanity">now accepting applications for the 2020 annual awards</a>. This USPTO award recognizes outstanding innovators who use game changing technologies to meet global humanitarian challenges, emphasizing their synergies with business interests and strong patent rights. Winners are recognized in the fields of medicine, nutrition, sanitation, energy, and living standards, and will receive an acceleration certificate to expedite patent application proceedings at the USPTO, as well as public recognition. Any individual, corporation, nonprofit, small business, academic institution, or government agency who has applied for, owns, or licenses a U.S. patent is eligible to apply.</p>
<p><a name="awardees" href="https://www.uspto.gov/ip-policy/patent-policy/patents-humanity/2018-award-recipients">Awardees from the past four years</a> have proven that they can effectively contribute to the global good, while maintaining commercial markets for their innovative products.</p>
<p>For example, Because International received a 2018 Patents for Humanity award and created <a href="https://becauseinternational.org/the-shoe-that-grows">The Shoe That Grows</a>. Its shoe, which can “grow” up to five sizes, helps prevent soil-transmitted illnesses that affect billions of people worldwide, many of whom are children and living in poverty. Because International has progressed to distribute more than 225,000 pairs of its patented shoes across 100 countries. They are also the producer of <a href="https://becauseinternational.org/bednet-buddy">Bednet Buddy</a>, a mobile pop-up bed treated with insecticide to help protect against malaria, especially in locations where dwellings are commonly roofless. Because International believes that innovation is key to fighting poverty, and that by preventing barriers to opportunity, their team can help lift people out of destitution. </p>
<p><img alt="The Shoe that Grows" src="https://www.uspto.gov/blogdata/img/the-shoe-that-grows.jpg" /></p>
<p><em>Photo courtesy of Because International.</em></p>
<p><a href="https://www.intellectualventures.com/what-we-do/global-good-fund/our-work">The Global Good Fund</a>, a 2016 winner, helped combat the 2014 Ebola outbreak with donations of its patented <a href="http://www.aucmaglobal.com.cn/products.html">Arktek</a> cooler. The passive vaccine storage device enables vaccines to be kept cold for over 30 days without power, making it possible for vaccines to be transferred to remote areas and lessening the annual percent of vaccine waste due to refrigeration failures. The cooler has been used to store vaccines for tuberculosis, polio, influenza, whooping cough, tetanus, hepatitis B, and diphtheria, providing great aid to areas where power is unreliable. The technology has been licensed to a leading refrigeration company to manufacture the device at an affordable price.</p>
<p>If your organization has patented technology and is using it to help address global humanitarian challenges in unique and creative ways, we invite you to apply. The USPTO will accept applications through February 15, 2020. Please submit your completed application online through the <a href="https://www.uspto.gov/ip-policy/patent-policy/patents-humanity?MURL=patentsforhumanity">Patents for Humanity page of the USPTO website</a>. Send any questions to <a href="mailto:patentsforhumanity@uspto.gov">patentsforhumanity@uspto.gov</a>.<br /></p>
https://www.uspto.gov/blog/director/entry/in-new-orleans-and-throughout
In New Orleans and throughout the world: USPTO’s IP attachés and the restorative impact of intellectual property
USPTO
2020-01-29T04:48:57-05:00
2020-01-29T04:48:57-05:00
<p> <em>Guest blog by Director of the USPTO’s IP Attaché Program Dominic Keating</em></p><em>
<p> <img alt="IP attachés in New Orleans" src="https://www.uspto.gov/blogdata/img/bioInnovationcenter_group_nola682.jpg" /></p></em>
<p><em>On December 4, 2019, several of the USPTO’s intellectual property attachés visited the New Orleans BioInnovation Center as part of a three-day visit to the area to hear the concerns of stakeholders and businesses in the region. L to R: Conrad Wong (Guangzhou, China), Susan Wilson (Brussels, Belgium), Kitsri Sukhapinda (Bangkok, Thailand), Ann Chaitovitz (Lima, Peru), Cynthia Henderson Mexico City, Mexico), and Dominic Keating. (IP Attaché Program Director). Photo by Amando Carigo/USPTO.</em> </p>
<p>Innovation has long been recognized as a critical component of economic growth. Many cities and regions in the United States seek to foster the development of innovative new companies and to help them commercialize their products as a way of spurring growth and investment. The protection of intellectual property (IP) underlying these innovations — such as patents, trademarks, and copyrights — goes hand-in-hand with these economic development efforts, particularly when companies move into markets overseas. It is a dynamic I saw recently when I joined five of the USPTO’s intellectual property attachés in New Orleans, Louisiana, this past December.</p>
<p>The IP attachés are diplomats posted to U.S. embassies and consulates throughout the world who work to improve foreign IP systems to benefit U.S. stakeholders. They are posted in 12 locations: Brazil, China (Beijing, Guangzhou, and Shanghai), Europe (Brussels and Geneva), India, Kuwait, Mexico, Peru, Thailand, and Ukraine. In each of these locations, the attachés meet with foreign government officials to explain U.S. views on IP and to advocate for improvements to IP systems. They also conduct training and public awareness programs on IP protection and enforcement, and they provide information and assistance to U.S. stakeholders who are experiencing problems protecting their IP abroad. </p>
<p>The attachés’ visit to New Orleans was part of their ongoing domestic outreach efforts to hear first-hand about the problems and challenges faced by inventors and businesses. Previous visits have brought them to areas such as Boston, Seattle, and Dallas. This time, they had the opportunity to meet with a wide variety of businesses, educational institutions, government officials, and IP stakeholders in Louisiana to learn about some extraordinary developments in innovation and entrepreneurship.</p>
<p>New Orleans is an iconic city, known for its distinctive architecture, food, and culture. However, the city and state have recently undertaken several initiatives to encourage creators and innovators to return to the region. One of these initiatives funded the <a href="https://neworleansbio.com/">New Orleans BioInnovation Center</a>, a biotech incubator with state-of-the-art lab space in downtown New Orleans.</p>
<p>The Center operates in the city’s biomedical district and is dedicated to supporting economic development benefitting life sciences. To date, it has helped more than 225 new biotechnology companies in Louisiana, providing them with lab space, connecting them with other entrepreneurs and regional research institutions, and helping them to commercialize their technologies. According to the Center, its efforts have resulted in the creation of more than 480 high-wage jobs and has attracted millions of dollars of new investment to the region.</p>
<p>The Center’s cooperative approach was notable during our visit. Among the individuals we met were representatives from several of New Orleans’ institutions — including Tulane University and Louisiana State University — who work with the Center on technology transfer and commercialization.</p>
<p>The interconnectedness of today’s marketplace has increasingly made commercialization a global endeavor. An important prerequisite to commercialization, however, is ensuring the protection of an enterprise’s IP. That issue was at the forefront of the IP attachés’ discussions with the stakeholders and innovators that they met in New Orleans. </p>
<p>This is a sentiment that I’ve heard before in other U.S. cities the IP attachés have visited. In Boston this spring, for example, the president of the Inventors Association of New England, George Peters, expressed: “It’s an incredible feeling to know that the IP attachés are in our corner. They place very high value on the independent inventor, work to promote our interests and are available as a resource to answer questions about foreign markets.”</p>
<p>Our visit to New Orleans made clear the importance of protecting and enforcing IP, particularly in a rebuilding economy such as New Orleans. From spurring biomedical research that can generate breakthroughs such as new cures to attracting investment and the subsequent creation of new jobs in an economically disadvantaged region, IP matters. Whether in New Orleans or New Delhi, USPTO’s IP attachés ensure that U.S. stakeholders understand and have a voice in improving IP policies, laws, and regulations around the world.</p>
<p>Learn more about the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual">USPTO’s IP Attaché Program</a>.</p>
https://www.uspto.gov/blog/director/entry/reflections-of-john-cabeca-uspto
Reflections of John Cabeca, USPTO Silicon Valley Regional Director
USPTO
2019-12-12T06:05:19-05:00
2020-01-16T04:13:30-05:00
<p> <em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Laura Peter</em></p><em>
<p> <img alt="Deputy Director Laura Peter speaks with Silicon Valley Regional Director John Cabeca. " src="https://www.uspto.gov/blogdata/img/20191209_svro.jpg" /></p></em>
<p><em><em>Deputy Director Laura Peter speaks with Silicon Valley Regional Director John Cabeca. (Photo by Jay Premack/USPTO)</em></em></p>
<p>Recently, I spoke with <a href="https://www.uspto.gov/about-us/uspto-locations/silicon-valley-ca/john-cabeca">John Cabeca</a>, USPTO Silicon Valley Regional Director in San Jose, California, about his experience at the USPTO and what’s next for him. John is a 30-plus-year veteran of the USPTO. He served in numerous key leadership roles throughout his tenure and has dedicated much of his career to working with significant customers of the USPTO on IP matters and through outreach and education programs to help small and large businesses, startups, and entrepreneurs. Over the years, he served the USPTO in important roles, including in the Office of Patent Legal Administration, the Office of Governmental Affairs, and most recently in the Office of the Under Secretary. </p>
<p><strong>LP: How long has the USPTO had a Silicon Valley Regional Office (SV USPTO) and what is its purpose?</strong></p>
<p>JC: The Silicon Valley office formally opened in October 2015 in the San Jose, California City Hall building. The purpose of the USPTO Silicon Valley Regional Office, and, in fact, all of our regional offices, including Detroit, Denver, and Dallas — is to foster and protect innovation. The regional offices carry out the strategic direction of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and are responsible for leading the USPTO's regional efforts in their designated regions of the United States. As Regional Director, I actively engage the western region’s unique network of industries and entrepreneurs, and tailor the USPTO’s initiatives and programs to their needs. The regional office serves as a hub of outreach and education and offers services and programs readily accessible to inventors, entrepreneurs, and businesses. We also work closely with IP practitioners, community and business leaders, and academic institutions, as well as with federal, state and local governments, to advance the IP needs of the innovation ecosystem throughout the region at all levels.</p>
<p><strong>LP: What states does the SV USPTO cover?</strong> </p>
<p>JC: The west coast region includes Alaska, Arizona, California, Hawaii, Nevada, Oregon, and Washington State. Comprising seven states, this is the largest region covering over 1.1 million square miles, as well as some of the most innovative businesses and innovators in the country. In 2019, the west coast region originated more than 37% of all domestic patent applications and 28% of all trademark registrations by U.S. registrants.</p>
<p><strong>LP: How does the public at-large including inventors, entrepreneurs, and brand owners benefit from the SV USPTO?</strong></p>
<p>JC: We are here to help them. We hold <a href="https://www.uspto.gov/about-us/uspto-locations/silicon-valley-ca/silicon-valley-uspto-events">events</a> from learning the basics about patents and trademarks, to patent and trademark search workshops, to drafting patent claims, to protecting your IP abroad, to even more advanced IP programs as a CLE provider in the State of California. We welcome walk-ins to our office, will come and speak and educate the public any chance we get about IP, and also have the ability to hold virtual examiner interviews and trial and appeal board hearings in our space. The <a href="https://www.uspto.gov/about-us/uspto-office-locations">regional office pages of the USPTO website</a> are constantly updated with new opportunities to visit our offices.</p>
<p><strong>LP: What makes serving the Silicon Valley region different than the rest of the country?</strong></p>
<p>JC: As you probably know, there is a huge amount of innovation and entrepreneurship in this region, not only in Silicon Valley, the rest of California, but all across the western region. Like many communities across the country, the western region has a lot of innovation activity. We strive to provide assistance to all types of innovators, from the small inventor, to the new startup, to the more established tech company. Each one is unique and has different needs. But, we work hard to make sure they have the information and resources they need to incorporate IP into their business strategy and to help navigate any hurdles they may face in the process. It has truly been a rewarding experience serving as the regional director for this critically important region to the U.S. economy. </p>
<p><strong>LP: What does an average week on the job entail? What traits make a regional officer director successful?</strong></p>
<p>JC: Every day is different and exciting. I could be meeting with entrepreneurs, seeing the latest technologies, doing a STEM activity with kids, or giving a keynote on IP policy. In essence, the USPTO regional director serves as an emissary for the USPTO in the region and as a conduit for policy recommendations. Often, we meet with stakeholders from some of the most innovative companies in the world and help address their needs and priorities. I also travel quite a bit to all the states in the region, to make sure I understand stakeholder’s needs and concerns. I’m also fortunate to work alongside a talented, dedicated and hard-working team at the USPTO Silicon Valley Regional Office, that enable us to stay on top of everything! I’d say some important traits for a USPTO regional office director are in-depth knowledge of intellectual property, good listening skills, adaptability, the ability to think outside the box, as well as being a relentless advocate for our IP stakeholders.</p>
<p><strong>LP: Can you share some of your accomplishments that you are most proud of during your time as a regional director of the SV office?</strong></p>
<p>JC: Looking back over the past six years, it’s been amazing to be at the forefront of new technologies and see how rapidly they are being developed, including artificial intelligence, driverless cars, 5G, and more. To be able to see these firsthand and help those innovators get those products protected and to market has been really fulfilling. Every day is different, and it energized me to know that every day I was going to learn something. In addition, I’m proud to have led the design, build-out and opening of the USPTO Silicon Valley office facilities. We built an educational component throughout our space, and the office has become a destination for a wide range of visitors, including many international IP delegations coming to meet with us. Our staff works tirelessly to provide resources to the public, reviews applications thoroughly and quickly, and increases the understanding of IP rights. As for the Silicon Valley team, they have been an absolute treasure to work with. I am so very proud of the culture we created together, and honored to work alongside the amazing, talented, hard-working workforce of over 100 employees working out of the USPTO Silicon Valley office and to get to know many of the nearly 500 USPTO employees working from their homes across the region. </p>
<p><strong>LP: What’s next for you?</strong></p>
<p>JC: In early 2020, I will be transitioning into a diplomatic post as the IP attaché for South Asia. I will be based out of the U.S. Embassy in New Delhi, India and will serve U.S. industries doing business in South Asia and advocate for effective IP policies to support a strong and vibrant IP system globally. I will remain in service to the USPTO and the IP community. I’m so excited to build from the great relationships and tremendous experiences here in the western region and look forward to serving U.S. industries in my new capacity. </p>
<p>The USPTO is currently looking to hire a new regional office director to lead and manage the Silicon Valley Regional Office in San Jose, California. This person will be an innovation ambassador in the region, provide stakeholder outreach and education to the public on the importance of IP, and support the innovation and entrepreneurship ecosystem for the entire Western Region, including Alaska, Arizona, California, Hawaii, Nevada, Oregon, and Washington. <a href="https://www.usajobs.gov/GetJob/ViewDetails/551785400">Apply by January 6, 2020</a>. <br /></p>
https://www.uspto.gov/blog/director/entry/uspto-recognizes-nobel-prize-in
USPTO recognizes Nobel Prize in Chemistry winners and inventors
USPTO
2019-12-10T04:41:38-05:00
2019-12-10T04:41:38-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu</em></p>
<p> </p>
<p><img alt="John Goodenough shown with his inventor card." src="https://www.uspto.gov/blogdata/img/20180427%20John%20Goodenough%20with%20inventor%20card_682.jpg" /> </p>
<p><em>Nobel Prize winner John Goodenough with his inventor collectible card presented to him by the USPTO in 2018.</em></p>
<p>December 10 is Nobel Prize Day, the day on which Nobel Prize laureates are awarded their medals by the Royal Swedish Academy in Stockholm, Sweden. On behalf of the USPTO, I congratulate this year’s Nobel Prize in Chemistry winners John B. Goodenough, M. Stanley Whittingham, and Akira Yoshino. These inventors have made valuable contributions in the field of electro-chemistry, leading to the development of lithium-ion batteries.</p>
<p>This year’s Nobel Prize winners are truly among the most deserving giants of the scientific and inventive worlds. Their journeys of innovation inspire and awe us. By unlocking some of the fundamental mysteries of electro-chemistry over the past decades, they have transformed and improved our world by empowering us as well as many of the things we rely on every day, including our smartphones, pacemakers, and even orbital satellites.</p>
<p>As the Royal Swedish Academy of Sciences stated in its <a href="https://www.nobelprize.org/prizes/chemistry/2019/press-release/">press release</a> for this year’s Nobel Prize in Chemistry, the invention of lithium-ion batteries has created the conditions for a “wireless and fossil fuel-free society” and thus provided a significant benefit to humankind. And we look forward to even more innovations in the future that build on the foundations that Goodenough, Whittingham, and Yoshino have laid.</p>
<p>The 2019 Nobel Prize recipients hold prominent academic and corporate positions. Goodenough is the Virginia H. Cockrell Centennial Chair in Engineering at the University of Texas at Austin. To commemorate his extraordinary career, the USPTO honored him with an <a href="https://www.uspto.gov/kids/Cards-Goodenough.html">inventor collectible card</a> in 2018. Whittingham is a distinguished professor at Binghamton University in Binghamton, New York. Yoshino is a fellow of the Ashahi Kasei Corporation and a professor at Meijo University in Nagoya, Japan.</p>
<p>Each of the three winners are also accomplished inventors and owners of U.S. and international patents. The Royal Swedish Academy of Sciences, which awards the Nobel Prize in Chemistry, cited U.S. patent nos. <a href="http://pdfpiw.uspto.gov/.piw?PageNum=0&docid=04357215&IDKey=193D32C465E1%0D%0A&HomeUrl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO1%2526Sect2%3DHITOFF%2526d%3DPALL%2526p%3D1%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsrchnum.htm%2526r%3D1%2526f%3DG%2526l%3D50%2526s1%3D4%2C357%2C215.PN.%2526OS%3DPN%2F4%2C357%2C215%2526RS%3DPN%2F4%2C357%2C215">4,357,215</a> (fast ion conductors) and <a href="http://pdfpiw.uspto.gov/.piw?PageNum=0&docid=04668595&IDKey=2D353145F118%0D%0A&HomeUrl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO1%2526Sect2%3DHITOFF%2526d%3DPALL%2526p%3D1%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsrchnum.htm%2526r%3D1%2526f%3DG%2526l%3D50%2526s1%3D4668595.PN.%2526OS%3DPN%2F4668595%2526RS%3DPN%2F4668595">4,668,595</a> (secondary battery) in the <a href="https://www.nobelprize.org/uploads/2019/10/advanced-chemistryprize2019.pdf">Scientific Background on the Nobel Prize in Chemistry 2019</a>. Goodenough was the primary inventor on the former patent, and Yoshino on the latter. In total, Goodenough is listed as an inventor on 27 U.S. patents, Whittingham on 17 U.S. patents, and Yoshino on 83 U.S. patents. </p>
<p>The USPTO celebrates the accomplishments of these three remarkable inventors, as well as all inventors who, thorough their creativity and persistence, make the world a better place.</p>
https://www.uspto.gov/blog/director/entry/new_report_on_underrepresented_groups
New report on underrepresented groups in patenting
USPTO
2019-11-25T04:15:45-05:00
2020-05-06T14:25:04-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu</em> </p>
<p><img align="baseline" alt="PeritoneX Collegiate Inventors Competition finalist team." src="https://www.uspto.gov/blogdata/img/PeritoneX_blog.jpg" border="0" hspace="" /></p>
<p><em>Undergraduate students from Johns Hopkins University, and Finalists in the <a href="https://www.invent.org/collegiate-inventors">Collegiate Inventors Competition</a>, work on their award winning invention, PeritoneX, a mechanism that disinfects at-home peritoneal dialysis systems to prevent infection. (Photo courtesy of PeritoneX)</em></p>
<p>America’s long-standing economic prosperity and global technological leadership depend on a strong and vibrant innovation ecosystem. To maximize the nation’s potential, it’s more important than ever that all Americans who are willing to work hard, persevere and take risks have the opportunity to innovate, to start new companies, to succeed in established companies, and ultimately, to achieve the American dream. To maintain our technological leadership, the United States must seek to broaden our innovation, entrepreneurship and intellectual property ecosystems demographically, geographically, and economically.</p>
<p>The USPTO is at the forefront of this effort. The <a href="https://www.uspto.gov/successact">Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018</a>, also known as the “SUCCESS Act,” directed the United States Patent and Trademark Office (USPTO), in consultation with the Small Business Administration, to identify publicly available data on the number of patents annually applied for and obtained by women, minorities, and veterans, and the benefits of increasing these numbers. The Act also asked for legislative recommendations on how to encourage and increase the participation by these groups as inventor-patentees and entrepreneurs. On October 31, we released our <a href="https://www.uspto.gov/sites/default/files/documents/USPTOSuccessAct.pdf">SUCCESS Act report</a>. </p>
<p>As detailed in our report, after reviewing literature and data sources, we found that there is a limited amount of publicly available information regarding the participation rates of women, minorities, and veterans in the patent system. One of the most comprehensive studies on women inventors was published by the USPTO earlier this year, “<a href="https://www.uspto.gov/learning-and-resources/ip-policy/economic-research/progress-potential">Progress and Potential: a profile of women inventors on U.S. patents</a>,” which found that only about 12% of inventors named on U.S. patents are women.</p>
<p>As an agency, we have undertaken a proactive approach to encourage women, minorities, and veterans to innovate and secure patents to protect their innovations. We provide <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources">guidance and assistance to inventors</a>, host annual events such as the annual <a href="https://www.uspto.gov/blog/director/entry/inventors_converge_at_invention_con">Invention-Con</a> and <a href="https://www.uspto.gov/about-us/events/womens-entrepreneurship-symposium-1">Women’s Entrepreneurship Symposium</a>, support <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/patent-pro-bono-program">pro bono</a> networks around the country, offer <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-se-assistance-program">pro se</a> assistance to make navigating the patent process more accessible, especially to first-time applicants, and have free legal services through 60 participating <a href="https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1">law school clinics</a>. Plus, our four regional offices serve inventors, entrepreneurs, and small businesses throughout the country, and our <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-and-trademark-resource-centers-ptrcs">Patent and Trademark Resource Centers</a> are located in more than 80 public, state, and academic libraries—many in minority and underserved communities. These centers offer regular programming, virtual office hours with USPTO subject matter experts, and librarians trained to assist with intellectual property research.</p>
<p>In our SUCCESS Act report, we identified ways to build on existing USPTO programs by undertaking even more initiatives, some of which include:</p>
<p>• <strong>Council for innovation inclusiveness</strong>: The USPTO plans to establish a council to develop a national strategy for promoting and increasing the participation of underrepresented groups as inventor-patentees, entrepreneurs, and innovation leaders.<br />• <strong>Workforce development</strong>: The USPTO will work with other government agencies to help develop workforce training materials that include information on how to obtain a patent, and the importance of invention and IP protections. <br />• <strong>Increased development of IP training for educators</strong>: The USPTO will work with other federal agencies to develop training materials to help elementary, middle, and high school teachers incorporate the concepts of invention and IP creation and protection into classroom instruction.</p>
<p>Our report also includes a number of legislative recommendations for Congress, such as:</p>
<p>• <strong>Enhance USPTO authority to gather information</strong>: Congress could authorize a streamlined mechanism for the USPTO to undertake a voluntary, confidential, biennial survey of individuals named in patent applications that have been filed with the USPTO.<br />• <strong>Expand the purposes/scopes of relevant federal grant programs</strong>: Congress could expand the authorized uses of grants and funds in appropriate federal programs to include activities that promote invention and entrepreneurship, as well as the protection of inventions and innovations using intellectual property among underrepresented groups.<br />• <strong>Support exhibits at national museums featuring inventors/entrepreneurs</strong>: Congress could encourage national museums to feature exhibits that highlight the contributions to U.S. invention and entrepreneurship by individuals from underrepresented groups.</p>
<p>In addition, the USPTO plays a critical role to equip tomorrow’s inventors, innovators, and entrepreneurs with the skills they need to succeed. That is why we support dozens of STEM-related programs and events that provide basic education about intellectual property to young men and women. These include the <a href="https://www.uspto.gov/kids/patchFAQ.html">Girl Scout IP patch</a>, which is available to Girl Scout troops across the nation; programs in partnership with the <a href="https://www.invent.org/">National Inventors Hall of Fame</a>, such as <a href="https://www.invent.org/programs/camp-invention">Camp Invention</a>, which is offered in school districts in every state, and the Collegiate Inventors Competition, which takes place each year at the USPTO; the <a href="https://www.uspto.gov/learning-and-resources/outreach-and-education/national-summer-teacher-institute">National Summer Teacher Institute</a>, which incorporates invention and IP into classrooms; collaborations with historically black colleges and universities; and so much more.</p>
<p>Broadening the innovation ecosphere to include more women, minorities, and veterans is critical to inspiring novel inventions, driving economic growth, and maintaining America’s global competitiveness. We will continue to work with our stakeholders, other government agencies, Congress, and the public to maximize the potential for all individuals—regardless of background or status—to invent, protect their inventions, and succeed.</p>
https://www.uspto.gov/blog/director/entry/collegiate_inventors_competition_winners_announced
Collegiate Inventors Competition winners announced
USPTO
2019-11-06T05:44:51-05:00
2019-11-06T05:44:51-05:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Laura Peter</em> </p>
<p><img border="0" hspace="0" alt="Deputy Peter meets CIC finalist at CIC expo." src="https://www.uspto.gov/blogdata/img/20191030_cic_007-blog.jpg" align="baseline" /></p>
<p><em>Deputy Director of the USPTO Laura Peter meets University of Tennessee graduate student and CIC finalist Lia Winter, inventor of the EasyWhip™ double-loop stitching apparatus, which gives surgeons more control over the process of stitching grafts. (Photo by Jay Premack/USPTO)</em></p>
<p align="center"><em>“Do not go where the path may lead; go instead where there is no path and leave a trail.”</em></p>
<p align="center">-Ralph Waldo Emerson</p>
<p>The future of American innovation was on display October 30 at the 2019 <a href="https://www.invent.org/collegiate-inventors">Collegiate Inventors Competition</a> (CIC) held at the U.S. Patent and Trademark Office (USPTO) in Alexandria, VA.</p>
<p>Cutting-edge inventions created by the nation’s brightest young innovators from colleges and universities across the country—from improvements in surgical tools to alternative energy solutions—were showcased at the competition’s public expo, providing the students a forum to answer questions and discuss their inventions with USPTO patent examiners, patent attorneys, trademark examiners and senior officials; corporate sponsors; members of the intellectual property community; and the public.</p>
<p>During the competition, the 23 undergraduate and graduate students from 10 teams had the opportunity to interact one-on-one with inductees of the <a href="http://www.invent.org/">National Inventors Hall of Fame</a> (NIHF). These legendary innovators – who have invented many tools, processes, or devices that are now commonplace in our lives (optical fiber, implantable defibrillator, Post-it® Notes, digital camera) — served as judges for the competition, and provided advice and inspiration for the students. USPTO patent examiners also served as judges.</p>
<p align="center"><em>“The ideas represented in this room – and the bright minds behind them – are the future of American innovation… You have started blazing your trail. As you continue your path changing our world as entrepreneurs, business owners, and patent holders, we will eagerly watch your progress.”</em></p>
<p align="center">-Deputy Director Laura Peter, addressing CIC finalists and winners at the evening awards ceremony</p>
<p>The winner in the undergraduate category was Ethan Brush from the University of Nebraska- Lincoln. His invention, PE-IVT (Positively Engaged, Infinitely Variable Transmission Using Split Helical Gears), is a new type of transmission for electric vehicles which increases efficiency and reduces energy losses. The graduate winner was a team from Massachusetts Institute of Technology, comprised of Maher Damak and Karim Khalil. Their invention, Infinite Cooling, can ionize and collect water from power plant cooling towers, so it may be reused as industrial and drinking water. </p>
<p>The undergraduate runner-up, and the Arrow Electronics People’s Choice Award winner, was a team from Johns Hopkins University for their invention PeritoneX, a mechanism to disinfect at-home peritoneal dialysis systems to prevent infection. The graduate runner-up was a team from University of Washington for their invention, Nanodropper, a universal adapter for eyedrop medication bottles. </p>
<p>The top undergraduate and graduate winning teams each received $15,000, and the runner-up winning teams each received $5,000. <a href="https://www.invent.org/collegiate-inventors">Read more about all the 2019 CIC finalists and winners</a>.</p>
<p>Thanks to this competition, the skills that these students gained through the process of invention and by learning about intellectual property will be assets to them as they continue with their research or commercialize their inventions. </p>
<p>The Collegiate Inventors Competition is one of several important programs that the USPTO, with its partner NIHF, sponsors for young inventors. NIHF’s education programs impact over 165,000 children and 20,000 educators annually — promoting a better understanding of the vital role intellectual property and innovation play in our lives and our economy, and helping to build entrepreneurial skills for the next generation of inventors.</p>
https://www.uspto.gov/blog/director/entry/spotlight_on_commerce_megan_miller
Spotlight on Commerce: Megan Miller, Plain Language Writer/Editor
USPTO
2019-11-05T04:56:22-05:00
2019-11-05T06:27:56-05:00
<p><a href="https://www.commerce.gov/news/blog/2019/11/spotlight-commerce-megan-miller-plain-language-writer/editor-us-patent-and">A post about the USPTO from the Department of Commerce</a>.</p>
<p><img border="0" hspace="0" src="https://www.uspto.gov/blogdata/img/20190516_miller_001.jpg" align="baseline" /></p>
<p><em>Megan Miller, Plain Language Writer/Editor, USPTO. (Photo by Jay Premack/USPTO)</em></p>
<p>After earning my engineering degree and serving in the Navy for seven years, the next logical step in my career was to take a position as a writer-editor. Sounds disjointed? It's a more natural progression than you might think.</p>
<p>Growing up, I loved math and science. Math homework was my favorite! It was so satisfying to start with a few numbers and a question, then figure out what to do with those numbers to find the answer. In science classes, I asked enough questions to try the patience of both my teachers and fellow students. Predictably, I went to college to be an engineer. I studied biomedical engineering at the University of Rochester. It was fascinating to learn about how the human body works and how the biomedical field uses technology to make it work better. I couldn't wait to graduate and use my skills to build things that would solve real-world problems. </p>
<p>As graduation grew closer, though, I decided I wanted to explore the world of engineering from a different perspective. So, I joined the Navy to study and work in nuclear propulsion. In my training, I learned how the Navy harnesses fission to move ships. It was staggering to learn about a system that starts with a few neutrons zooming around and ends with an aircraft carrier zooming through the ocean. Again, I was awestruck at how engineering gives us systems that are cohesive, despite their complexity, to elegantly solve the world's problems.</p>
<p>During my time in the Navy, in addition to studying nuclear power, I was also a division officer. That meant that I bridged the gap between the command's leadership and the sailors in my division. Despite being on the same ship, those two groups had dramatically different needs and perspectives. Leadership focused on accomplishing the ship's mission and keeping the ship and crew safe. My sailors, on the other hand, were concerned about maintaining and operating a complicated weapon system. When those priorities were at odds, fulfilling my role as a liaison could be quite challenging. I quickly learned that in any form of communication, it's vitally important to start by understanding the needs and perspectives of the other person. The only way to reach them is to shape your message with those needs in mind. Ignore those needs, and you'll fail. For me, a few big failures helped me learn the lesson. Seven years of smaller failures helped me hone the skill, which is fundamental to effective communication.</p>
<p>These experiences laid the groundwork for my career as a writer-editor at the USPTO. My focus in writing and editing is plain language. That doesn't mean that I dumb things down or that I make every piece of content understandable to the general public. It means that I write and edit so my audience can easily find, understand, and use the information they need. </p>
<p>It's all about audience; understanding their needs is the cornerstone of writing in plain language. For me, writing in plain language requires employing the communication skills I developed and refined in the Navy. So, my plain language savvy is a direct result of my service. </p>
<p>Even if you have a clear understanding of your audience, though, writing clearly can still be quite challenging. There are many obstacles to overcome. Sometimes, you're writing to multiple audiences who have vastly different needs. Sometimes, your organization's needs conflict with your audience's needs. Legal topics add another layer of obstacles. Sometimes, when you explain legal concept in the most straightforward way, you get a statement that's only true 99% of the time, making it legally inaccurate. Communicating clearly despite these roadblocks can be difficult, but it's possible. My job is to do just that, and it's my favorite part of writing and editing. Thinking outside the box to find ways to communicate clearly within these constraints is, dare I say, fun. I never expected words to be my medium for solving problems as an adult, but it's just as satisfying as the problem sets I loved as a kid. </p>
<p>My job is to serve Americans by making the information they need more accessible, using words to solve problems along the way. Though I thought I'd grow up to be a distinguished scientist or brilliant inventor, now I know that it's just as fulfilling to be a word engineer.</p>
<p><em>Ed. note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce military veterans in honor of Veterans Day.</em></p>
https://www.uspto.gov/blog/director/entry/uspto_issues_second_federal_register
USPTO issues second Federal Register Notice on artificial intelligence and innovation
USPTO
2019-10-30T05:15:00-04:00
2019-10-30T05:15:00-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu and Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Laura Peter</em></p>
<p><em><img border="0" hspace="0" src="https://www.uspto.gov/blogdata/img/20190131_ai_040_682.jpg" align="baseline" /></em></p>
<p><em>Director Iancu visits exhibits showcasing AI technologies at the “<a href="https://www.uspto.gov/about-us/events/artificial-intelligence-intellectual-property-policy-considerations">Artificial Intelligence: Intellectual Property Considerations</a>” conference on January 31, 2019 at the USPTO. Shown above: a team from University of California, Berkeley demonstrates their patent visualization system, which enables a user to see and manipulate a three-dimensional landscape of similar patents. (Photo by Jay Premack/USPTO)</em></p>
<p>Article 1, Section 8, Clause 8 of the U.S. Constitution states that Congress has the power “[t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” As artificial intelligence technologies (AI) quickly advance, the concepts of “authors and inventors” may not necessarily be confined to the human realm. From creating paintings and symphonies to generating advertising copy and recommending products to consumers, AI has already produced impressive artistic and commercial output. What impact will this have on our constitutionally founded IP system? </p>
<p>The USPTO has been examining precisely these issues. One step in this process was the publication of our <a href="https://www.federalregister.gov/documents/2019/08/27/2019-18443/request-for-comments-on-patenting-artificial-intelligence-inventions">Request for Comments on Patenting Artificial Intelligence Inventions</a> in the Federal Register on August 27. We have extended the comment period to November 8, so please submit your patent-related responses if you have not already done so. </p>
<p>The fields of copyright, trademark, database protections, and trade secret law, among others, may be similarly susceptible to the impacts of developments in AI. Accordingly, the USPTO is just as interested in gathering public feedback on these issues. To facilitate that process, we issued a second AI-related <a href="https://www.federalregister.gov/documents/2019/10/30/2019-23638/request-for-comments-on-intellectual-property-protection-for-artificial-intelligence-innovation">Federal Register Notice</a> on October 30 and comments will be accepted until December 16, 2019. There are thirteen questions in this notice, including:<br />Should a work produced by an AI algorithm or process, without the involvement of a natural person contributing expression to the resulting work, qualify as a work of authorship protectable under U.S. copyright law? Why or why not?</p>
<ul>
<li>To the extent an AI algorithm or process learns its function(s) by ingesting large volumes of copyrighted material, does the existing statutory language (e.g., the fair use doctrine) and related case law adequately address the legality of making such use? Should authors be recognized for this type of use of their works? If so, how? </li>
<li>Would the use of AI in trademark searching impact the registrability of trademarks? If so, how? </li>
<li>How, if at all, does AI impact trade secret law? Is the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq., adequate to address the use of AI in the marketplace? </li>
<li>How, if at all, does AI impact the need to protect databases and data sets? Are existing laws adequate to protect such data? </li>
</ul>
<p>We have already gleaned compelling insights from the feedback we received to date on the patent-related Federal Register Notice. But the various types of intellectual property protections work together symbiotically to create a comprehensive IP legal system that promotes creativity, development, job creation, and economic growth. As such, we are eager to hear your views on the impacts that other non-patent IP fields are or may be experiencing in the wake of AI.</p>
<p>However fast the pace of AI development has been until now, we firmly believe that this will pale in comparison to advances yet to come. The USPTO is committed to keeping pace with this critical technology in order to accelerate American innovation.</p>
https://www.uspto.gov/blog/director/entry/national_disability_employment_awareness_month
National Disability Employment Awareness Month
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2019-10-28T10:25:57-04:00
2019-10-29T04:36:08-04:00
<p><em>By Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu</em></p>
<p>October is National Disability Employment Awareness Month (NDEAM), a time to celebrate the immeasurable contributions Americans with disabilities make to the workplace and society. Individuals with disabilities create and innovate in numerous and diverse technologies. They own registered trademarks and hold patents. They are our colleagues and our loved ones, and they are a vital thread in our American tapestry. </p>
<p>Our work at the USPTO is enhanced by the spirit of inclusion and accessibility. Many of our employees—7% of whom self-identify as disabled—are able to perform their duties at the highest levels thanks to many of the same adaptive technologies that receive our IP protections. </p>
<p>Diversity has been an essential component to America’s long and successful history of innovation. This is true not only of our inventors themselves, but also the diversity in the inventing process and the technologies we bring forward. One only needs to look as far as our National Inventors Hall of Fame to see several examples of remarkable inventors who work to enhance the lives of persons with disabilities while also experiencing their own physical challenges. </p>
<p>Inducted in 2019, <a href="https://www.invent.org/inductees/chieko-asakawa">Chieko Asakawa</a> used her personal experience to invent the Home Page Reader (HPR). The HPR provides internet access for users who are blind or visually impaired. Asakawa, who is herself visually impaired, has worked continually to ease communication for visually disabled users through many other inventions focused on accessibility. </p>
<p><a href="https://www.invent.org/inductees/william-warner">Bill Warner</a>, another 2019 inductee, changed film editing forever through his invention of a digital, nonlinear editor. A true testament to innovation, Warner has also invented a telephone-based, voice-activated virtual assistant and worked to improve hand pedaled cycles. Warner’s own condition requires him to use devices such as these cycles. </p>
<p><em><img border="0" hspace="0" alt="John Kaplan, Andrei Iancu, and Al Langer stand in a room with Dr. Garrett Grindle surrounded by wheelchairs and other accessible technology." src="https://www.uspto.gov/blogdata/img/HERL%2008-26-19_682.jpg" align="baseline" /><br />Left to right: John Kaplan, Director of Technology Transfer for the Department of Veterans Affairs, Andrei Iancu, </em><em>Director of the USPTO, </em><em>and Alois (Al) Langer, inductee to the National Inventors Hall of Fame, view and discuss technologies at the Human Engineering Research Laboratories (HERL) at the University of Pittsburgh with Dr. Garrett Grindle (right), Assistant Director of Engineering at HERL.</em></p>
<p>I recently had the pleasure of visiting the <a href="https://www.herl.pitt.edu/">Human Engineering Research Laboratories</a> (HERL) at the University of Pittsburgh. A joint center supported by the university and the U.S. Department of Veterans Affairs, HERL was established in 1994 by inventor, bioengineer, and professor Rory Cooper. Cooper is a distinguished professor of rehabilitation at the University of Pittsburgh and a senior career scientist for Veterans Affairs. In addition, Professor Cooper himself is a competitive para-athlete and winner of a bronze medal at the 1988 Paralympic Games in Seoul.</p>
<p>Starting with just Professor Cooper and two graduate students, HERL has grown to a team of about 70 researchers and innovators around the world. His team has developed more than 100 life-changing inventions and holds multiple patents related to wheelchairs, robotics, and wearable instruments designed to improve the lives of people with disabilities. </p>
<p>HERL’s work has led to such patented technologies as the Surge and NaturalFit Handrims, which helped to reduce injury rates of wheelchair users from approximately 80% of patients to about 20% overall. HERL’s other inventions include the Robotic-assisted Transfer Device, and the NextHealth Bed and Wheelchair to reduce strain on caregivers. HERL’s patented joystick and algorithms have made it possible for hundreds of thousands of older adults and people with disabilities to have independent mobility.</p>
<p><em><img border="0" hspace="0" alt="Rory Cooper's USPTO inventor collectible card depicts Cooper in a wheelchair against a blue and gray stormy background." src="https://www.uspto.gov/blogdata/img/Cooper_Front_682.jpg" align="baseline" /><br /></em><em>USPTO inventor collectible card for Rory Cooper</em></p>
<p>The inventive spirit of people like Chieko Asakawa, Bill Warner, and Professor Rory Cooper set inventors apart and lead to the tremendous growth of technology through innovation in America. Role models like them serve as beacons of invention to inspire us all. To learn more, read the USPTO’s latest <a href="https://www.uspto.gov/dwcstories/cooper.html">Journeys of Innovation story on Rory Cooper</a>, see <a href="https://www.uspto.gov/kids/Cooper.html">his USPTO inventor collectible card</a> and <a href="https://www.uspto.gov/kids/cards.html">other USPTO inventor collectable cards</a> on the USPTO kids pages, and read about <a href="https://www.dol.gov/odep/topics/ndeam/">National Disability Awareness Employment Month</a>.</p>
https://www.uspto.gov/blog/director/entry/your_feedback_is_driving_improvements
Your feedback is driving improvements to trademark filings and login user experience
$entry.creator.screenName
2019-10-23T08:50:30-04:00
2019-10-23T08:50:31-04:00
<p><em>Guest blog by Commissioner for Trademarks Mary Denison</em></p>
<p><img border="0" hspace="0" alt="Screen shot of MyUSPTO landing page" src="https://www.uspto.gov/blogdata/img/myuspto-screenshot.png" align="baseline" /></p>
<p><em>MyUSPTO landing page</em></p>
<p>As we work to strengthen security and enhance the trademarks filing experience, we continue to listen to your ideas and feedback. Among these efforts is an upcoming enhancement you should prepare for now. <strong>Beginning October 26, 2019, you'll need to log in with two-factor authentication to your USPTO.gov account to access TEAS or TEASi forms.</strong> If you haven’t yet created your account, <a href="https://my.uspto.gov/">set up your USPTO.gov account today</a>. </p>
<p><font color="#00adff" size="4">Filing features through MyUSPTO</font><br />By logging in to MyUSPTO for your trademark filings, you have a personalized homepage for managing your trademarks portfolios using widgets to meet your needs. MyUSPTO provides the Trademark Application Docket and Trademark Post-Registration Docket, which allow trademark owners or practitioners to create an unlimited number of trademark portfolios (or “collections”) of up to 1,000 trademarks per collection. You can also set up notifications of changes to your applications or registrations, such as to the owner address, attorney address, or voluntary amendments. </p>
<p>The trademarks widgets on MyUSPTO also include the Trademarks Form Finder, which allows users to quickly search for a trademark form by name or locate it by action or response needed. You can stay current with the Trademark Official Gazette Watch by saving search queries as well. </p>
<p>There are also two MyUSPTO widgets for making sure you have access to the resources and latest trademarks news. The Trademark Alerts widget provides a list of recent emails from the USPTO relevant to trademark customers. Using the Favorites widget, you can bookmark USPTO webpages and systems. This means the pages you need most often are there regardless of the device or browser you use to log in. </p>
<p><font color="#00adff" size="4">Preventing fraud with two-factor authentication</font><br />We need to improve the security of your information by preventing fraudulent attempts to alter your information or file documents. Adding two-factor authentication to the login process will admittedly add another step to your workflow by requiring a unique six-digit code, but it is necessary. Two-factor authentication significantly reduces the chance these malicious attempts to impersonate you will succeed because knowing your password alone is not enough to pass the authentication check. </p>
<p>Other USPTO applications have already implemented this technology in the customer workflow. Through those efforts, we heard your feedback that the authentication code takes too long to arrive, so we’re reducing your wait time by improving the underlying email infrastructure and changing the email service we currently use. Further, the authentication code can be provided via two alternate methods <span style="FONT-SIZE: 11pt; FONT-FAMILY: "Calibri",sans-serif">—</span> either a voice call or an authentication app. Beginning October 26, you will also have the option to receive the authentication code via text message.</p>
<p><font color="#00adff" size="4">Improving security with shorter timeout on TEAS and TEASi forms</font><br />You will encounter another change when you use the TEAS and TEASi forms. To comply with NIST Special Publication 800-63B (June 2017) and the statutory requirements under the Federal Information Security Modernization Act (FISMA) of 2014, 44 U.S.C. § 3551 et seq. Public Law (P.L.) 113-283, “… [r]eauthentication of the subscriber SHALL be repeated following any period of inactivity lasting 30 minutes or longer.” After 30 minutes of inactivity, “[t]he session SHALL be terminated (i.e., logged out)…” As a result, your TEAS and TEASi sessions will timeout after 30 minutes of inactivity on a form, a reduction from the current 60-minute period.</p>
<p>We recognize this likely affects some of your filing processes, such as when selecting a lengthy identification of goods and services or writing an argument in response to a substantive refusal. This is necessary to improve the security of your information and to prevent fraudulent attempts to impersonate you in a trademark filing. </p>
<p>To help you manage your work with the reduced timeout, you'll receive a pop-up warning after 25 minutes of inactivity on a form. When you see this, select the “Yes, keep me signed in” button to reset your activity for another 30 minutes. Activity on a TEAS form that will extend your session includes uploading or attaching files and using the buttons on the forms, such as “Go Back,” “Continue,” and “Validate.” For sections of forms that take you longer than 30 minutes to complete, we also recommend gathering information and writing responses prior to logging in to a TEAS or TEASi form. </p>
<p><font color="#00adff" size="4">Increasing system availability and responsiveness</font><br />Since customers first started using USPTO.gov accounts to log in to USPTO systems, we as an agency have heard loud and clear the need to improve both system availability and performance. System availability is improving as a result of recent work to upgrade and stabilize our external applications’ infrastructure, and performance will continue to improve based on the addition of high-availability capacity and increased automated system monitoring.</p>
<p>Please continue to share your feedback with us so we can integrate it into our development process and improve your experience.</p>
<p><font color="#00adff" size="4">Prepare for the login requirement</font><br />Along with <a href="https://my.uspto.gov/">creating your USPTO.gov account</a> before October 26, 2019, we also recommend that you bookmark the <a href="https://www.uspto.gov/trademark/login">Log in to TEAS and TEASi page</a>. From here, you can access the resources and contact information for technical assistance. This is also where you can watch the <a href="https://www.uspto.gov/trademark/login#login-webinar">How to prepare for the new TEAS login requirement</a> recorded webinar.</p>
<p>When you’re ready to work on a filing, access the TEAS and TEASi forms through the <a href="https://www.uspto.gov/trademarks-application-process/filing-online">Apply online page</a> and <a href="https://www.uspto.gov/trademarks-application-process/filing-online/index-all-teas-forms">Index of all TEAS forms page</a>. Those pages will provide login information as well. </p>
<p> </p>
https://www.uspto.gov/blog/director/entry/expansion_of_prioritized_examination
Expansion of prioritized examination
USPTO
2019-10-11T05:17:19-04:00
2019-10-11T05:17:19-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu, and Commissioner for Patents Drew Hirshfeld</em></p>
<p><img border="0" hspace="0" alt="Track One logo" src="https://www.uspto.gov/blogdata/img/TrackOneLogoNew2.jpg" align="baseline" /></p>
<p>Innovation and the protection of it are hallmarks of America’s competitive edge. To help businesses and innovators move through the patent process quickly so they can make informed decisions on developing and marketing more of their products and services, the Leahy-Smith America Invents Act (AIA) established the <a href="https://www.uspto.gov/patent/initiatives/usptos-prioritized-patent-examination-program">Track One program</a>. This program provides for the prioritized examination of patent applications.</p>
<p>The program works extremely well. As shown on our <a href="https://www.uspto.gov/corda/dashboards/patents/main.dashxml?CTNAVID=1007">Patents Dashboard</a>, the average pendency from filing a Track One request to a first office action has been 3.0 months in fiscal year 2019. Customers who took advantage of the program during the same period received, on average, final disposition within 7.8 months. For businesses and inventors who need to have their applications examined quickly, the Track One program offers a great solution.</p>
<p>The AIA originally stipulated that the United States Patent and Trademark Office (USPTO) could not grant more than 10,000 requests for Track One prioritized examinations in any fiscal year. To meet the needs of our stakeholders, we recently issued regulations to increase the number of Track One requests that we could grant. Effective September 3, we increased the limit to 12,000 each fiscal year, as detailed in our <a href="https://www.govinfo.gov/content/pkg/FR-2019-09-03/pdf/2019-18994.pdf">Federal Register Notice</a>.</p>
<p>Shortly after issuing that notice, the USPTO granted its 10,000th Track One request for fiscal year 2019 and continued processing additional requests throughout the remainder of the fiscal year. The higher limit provides the opportunity for more interested stakeholders to participate in, and benefit from, prioritized examination in the cases they deem appropriate. With respect to the Patent Office as a whole, <a href="https://www.uspto.gov/blog/director/entry/uspto_meets_critical_goals_to?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=">as we recently announced</a>, the USPTO improved overall pendency to an average of 14.7 months for first office actions and 23.8 months total. This program allows even faster action in cases applicants select based on their own needs.</p>
<p>Applicants have embraced the Track One program due to the speed with which the applications are handled and the high-quality examinations that they receive. The USPTO remains committed to meeting the needs of our applicants through innovative programs such as this, and will continue its work to improve the experience of those who come before us.</p>
https://www.uspto.gov/blog/director/entry/uspto_meets_critical_goals_to
USPTO meets critical goals to reduce patent examination pendency
USPTO
2019-10-09T08:21:05-04:00
2019-10-11T09:37:28-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu and Commissioner for Patents Drew Hirshfeld</em></p>
<p><img border="0" hspace="0" alt="Total and first action patent pendency graph" src="https://www.uspto.gov/blogdata/img/AGP-graphic.jpg" align="baseline" /></p>
<p>For many years, the United States Patent and Trademark Office (USPTO) has been working to reduce patent pendency times. And since 2018, the agency has had specific goals of under 15 months for first office actions and under 24 months for total pendency, on average.</p>
<p>We have now achieved these goals! As of September 30, 2019, which is the end of our 2019 fiscal year (FY), the averages are 14.7 months for first action pendency and 23.8 months for total pendency. All along, we have maintained and indeed improved the quality of our examination. This achievement marks the USPTO’s lowest first action pendency since January 2002, despite total application filings nearly doubling in that time, from 353,000 in FY 2002 to 667,000 in FY 2019.</p>
<p>Our success in meeting these goals is the direct result of the efforts of our employees, at all levels, to drastically improve analyses, streamline processes, and clarify approaches that benefit all applications. At the patent examining level, supervisors and examiners undertook and implemented complex data analyses to better prioritize applications and balance workloads without sacrificing quality. At the application processing level, the team focused on increasing efficiencies to accelerate the overall patent examination process. These actions led, for example, to a decrease in the average processing time for an amendment filed in a patent application from 26.2 days to 6.8 days. And, of course, we increased the examiner ranks and we improved examiner training so that today the USPTO boasts the best examining corps anywhere in the world.</p>
<p>But our work does not stop here. We will in fact redouble our efforts to optimize pendency using considered analytics that make sense. Among other changes, we are improving how cases are routed to the right examiner and how time is allocated to each examiner based on a number of factors. And we will focus on areas that need most attention and strive to meet in as many cases as possible the time frames outlined by the patent term adjustment statute (35 U.S.C. 154b). This means, for example, issuing a first office action in as many applications as possible in no more than 14 months.</p>
<p>Processing and examining patent applications in a high quality and timely manner, a primary tenet of our <a href="https://www.uspto.gov/about-us/performance-and-planning/strategy-and-reporting">2018-2022 Strategic Plan</a>, advances economic prosperity and supports a business environment that protects, cultivates and promotes innovation and entrepreneurship. In turn, this helps grow the economy, create jobs, and ultimately improve the way we all live.</p>
<p>Born of the Constitution and steeped in our history, the American patent system is a crown jewel, a gold standard. The USPTO’s more than 12,000 employees come to work every day dedicated to ensuring its continued success. Timely and quality patent examination are key components. We are proud of our achievements as stewards of this treasured system.</p>
https://www.uspto.gov/blog/director/entry/spotlight_on_commerce_jim_alstrum
Spotlight on Commerce: Jim Alstrum-Acevedo, Supervisory Patent Examiner, USPTO
USPTO
2019-10-07T12:13:41-04:00
2019-10-08T04:32:25-04:00
<p><a href="https://www.commerce.gov/news/blog/2019/10/spotlight-commerce-jim-alstrum-acevedo-supervisory-patent-examiner-us-patent-and">A blog about the USPTO from the Department of Commerce</a>.</p>
<p><em>Guest blog by</em> <em>Supervisory Patent Examiner </em><em>Jim H. Alstrum-Acevedo</em></p>
<p><img border="0" hspace="0" alt="Supervisory Patent Examiner Jim Alstrum-Acevedo" src="https://www.uspto.gov/blogdata/img/20190919_portraits_007_682.jpg" align="baseline" /></p>
<p><em>Jim Alstrum-Acevedo, Supervisory Patent Examiner at the USPTO. (Photo by Jay Premack/USPTO)</em></p>
<p>I am a Supervisory Patent Examiner (SPE), whose team examines pharmaceutical and biotechnology patent applications. My skilled team of fifteen examiners evaluates patents concerning short polypeptides having less than 100 amino acids, compositions containing these polypeptides, and methods of making and using these compounds. Examples of polypeptides examined by my team include insulin derivatives used to improve the treatment of diabetes mellitus as well as polypeptides with uses as antibiotics effective against antibiotic resistant bacteria, immunosuppresants useful in organ transplantation, and polypeptides to control blood clotting for the treatment of clotting disorders, such as, hemophilia. In short, the patents issued by my team help promote the well-being and health of people all over the country by facilitating intellectual property protection for new peptidic drugs, pharmaceutical compositions, and treatments for chronic diseases (e.g. diabetes) and public health concerns, such as bacterial infections caused by methicillin resistant S. aureus (MRSA).</p>
<p>I was born in Bogotá, Colombia to a Connecticut yankee, who was a former Peace Corps volunteer and an aspiring literature and Spanish language professor, and his smart Colombian wife, who was a high school English teacher. My family moved first from the high mesa of Bogotá to Laramie, Wyoming and Oxford, Mississippi, before settling down in Normal, Illinois, where my father was a Spanish language and Colombian literature professor, and my mom was a family counselor, after finishing a master’s degree in counseling. I grew up in an environment that emphasized education, learning, and helping others. My parents set a great example for me and my three siblings by their love of books, teaching, and service to others through their chosen professions, and work helping out the local Latino community in central Illinois.</p>
<p>Unlike patent examiners in many other areas of patents at the USPTO, I’m not an engineer. I have a Ph.D. in inorganic chemistry from UNC Chapel Hill. For my dissertation, I worked on the synthesis of photoactive inorganic coordination compounds that I appended to organic polymers to obtain an “artificial photosynthetic system.” I did a short post-doc and was hired to be a patent examiner in Technical Center 1600 in 2005. After a few years of patent examining, I decided to get a juris doctor (JD) in the part-time program at The George Washington University and passed the Virginia bar in 2012. Having a law degree has helped me better understand case law, the positions advocated by applicants’ attorneys during patent prosecution, and to facilitate communication between examiners and applicants.</p>
<p>I am a people person and helping others is something I really enjoy and find rewarding in my job as a SPE and in other interests that I have. For example, I am a member and president of the USPTO professional chapter of the Society of Hispanic Professional Engineers, an affinity/employee resource group, which seeks to promote STEM education at all levels, provide a sense of family to SHPE members at the USPTO, and help with recruitment of talented Hispanics into STEM-based positions at the USPTO. I’m also involved in a local non-profit called Asian American Success (AASuccess), which provides life skills training to Asian American youth, especially from the local Vietnamese community and remotely to a community in Vietnam. AASuccess tries to inspire youth to make giving back a key facet of their lives as they acquire life skills that will help them succeed in their chosen careers.</p>
<p>Hispanic Heritage Month runs each year from September 15 through October 15 and highlights the many contributions Hispanics have made and continue to make to our great nation in various areas ranging from science and technology, to service in the armed services, and enriching our culture through new creative works, such as Lin-Manuel Miranda’s recent musical, Hamilton. This yearly celebration is also a great opportunity to inspire Hispanic youth, who are under-represented in STEM fields, to strive for careers in STEM so they can become tomorrow’s innovators, physicians, and educators who will continue to improve the lives of people all across the world.</p>
<p>My advice for today’s youth interested in a career as a patent examiner or in STEM generally is to follow your passions, believe in yourself, ask questions, and always try to keep learning something new, regardless of where your life path takes you.</p>
<p>Ed. note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce Hispanic employees in honor of Hispanic Heritage Month (September 15--October 15).</p>
https://www.uspto.gov/blog/director/entry/recent_advances_in_ex_parte
Recent advances in ex parte appeals and hearings before the Patent Trial and Appeal Board
USPTO
2019-10-02T08:16:05-04:00
2019-10-02T08:16:05-04:00
<p><em>Guest blog post by Chief Judge of the Patent Trial and Appeal Board Scott Boalick</em></p>
<p>While recent changes to Patent Trial and Appeal Board (PTAB) practices for America Invents Act (AIA) trials have garnered a significant amount of attention recently, the Board has also been making major strides in <em>ex parte</em> appeal pendency as well as improving accessibility to hearings in both types of matters.</p>
<p>The Board brought the <em>ex parte</em> appeal inventory down from a high of over 26,000 appeals in 2012 to less than 8,700 as of the end of the fiscal year. This is the lowest inventory in over a decade.</p>
<p>The Board’s significant reduction in <em>ex parte</em> appeal inventory means a corresponding significant reduction in ex parte appeal pendency. Judges obtain and decide cases faster, which translates to a shorter wait time for patent applicants to receive a decision regarding their patent applications. In fact, the average <em>ex parte</em> appeal pendency, which is measured from receipt at PTAB after completion of all appeal briefing through the mailing of a decision on appeal, has been cut by 50% from about 30 months in 2015 to about 15 months at the end of the fiscal year. And we are working to resolve pendency even more.</p>
<p><img border="0" hspace="0" src="https://www.uspto.gov/blogdata/img/20190814_ptab_002_682.jpg" align="baseline" /></p>
<p><em>Chief Judge Boalick meets with his team. (Photo by Jay Premack/USPTO)</em></p>
<p>The Board has updated the notice of hearing in <em>ex parte</em> appeals. The updated notice allows the appellant to designate any regional office where they want to appear to argue their case. The updated notice also allows the appellant to request remote viewing of the hearing from any regional office. For example, an appellant may elect to appear for their hearing in Denver and request remote viewing for in-house counsel in San Jose.</p>
<p>Further, the Board has replaced its electronic docket management system for <em>ex parte</em> appeals to better assign, manage, and track cases and workloads. In December 2016, the USPTO deployed a new IT system called PTAB End-to-End (E2E) to receive and manage AIA trial filings. In July 2018, the USPTO expanded the functionality of PTAB E2E to manage <em>ex parte</em> appeal filings. Through this expansion of E2E for ex parte appeals, the USPTO retired its legacy IT system previously used for appeal management. While the public will continue to file appeals through EFS-Web, judges will use PTAB E2E to process appeal decisions in more streamlined way, which means better customer service for applicants.</p>
<p>Separately, the Board has been making hearings more accessible and transparent. Among other improvements, the Board recently published a <a href="https://www.uspto.gov/sites/default/files/documents/PTAB%20Hearings%20Guide.pdf">Hearings Guide</a> to help parties prepare for a hearing. While this document did not create any new rules or procedures, it brought together separate descriptions of existing procedures so that parties have a single easy reference guide for any hearings-related questions. Additionally, the Board recently renovated the hearing room in its Rocky Mountain regional office to reconfigure the layout for better space utilization, and we are about to begin renovating and expanding one of the hearing rooms at our headquarters in Alexandria so that more members of the public can attend important hearings in person, such as our new precedential opinion panel hearings. We likewise are planning to update the audiovisual equipment in the other hearing rooms over the next 24 months.</p>
<p>We are proud of the strides that we have made to lower the inventory and pendency in <em>ex parte</em> appeals to better serve our stakeholders. And we hope these updates will give stakeholders more information and options to enhance their appeals practice. We will continue to make improvements and welcome your suggestions, which can be emailed to <a href="mailto:PTAB_Appeals_Suggestions@uspto.gov">PTAB_Appeals_Suggestions@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/inventors_converge_at_invention_con
Inventors converge at Invention-Con 2019
USPTO
2019-09-30T04:38:04-04:00
2019-09-30T04:38:04-04:00
<p><em>Guest blog by Deputy Under Secretary of Commerce for Intellectual Property and Director of the USPTO Laura Peter</em></p>
<p>Can a 16-year old young woman change the world? Grant her a patent and watch her! Recently, we were privileged to hear an inspiring keynote from Kavita Shukla—an innovator, entrepreneur, and CEO—who is the force behind Freshglow Co. and inventor of FreshPaper. Her patented technology prevents food spoilage and helps avert hunger around the world. After receiving her first patent at the age of 16 and selling FreshPaper at farmers markets, she built her business from the ground up and became an award winning and successful entrepreneur. </p>
<p><img border="0" hspace="0" src="https://www.uspto.gov/blogdata/img/20190913_Invention%20Con_129_682.jpg" align="baseline" /></p>
<p><em>Invention-Con keynote speaker Kavita Shukla describes her journey as an inventor and entrepreneur. (photo by Cynthia Blancaflor/USPTO)</em></p>
<p>She joined other notable speakers <a href="https://www.uspto.gov/about-us/events/invention-con-2019-leveraging-your-intellectual-property-marketplace">Invention-Con 2019</a>, hosted by the USPTO at our headquarters in Alexandria, Virginia. Invention-Con is an outstanding opportunity for inventors, makers, and entrepreneurs to meet and learn from each other, attend workshops, and hear from our officials and intellectual property (IP) experts. Agencies including the Small Business Administration and Copyright Office also presented useful educational materials during the conference.</p>
<p>As it has been the last several years, the two-day event was completely sold out, with over 170 in-person attendees and over 4,000 unique online viewers. Many attendees were new to IP and wanted to learn whether it’s worth patenting their idea or registering a trademark for their product or business. IP professionals from the USPTO and other agencies were able to provide them with an introduction to IP and helped guide them to the resources they needed. Other attendees were already patented inventors who have a product ready for manufacture and wanted to know how to get it from the workshop to the marketplace. For them, we showcased entrepreneurs like Kavita to share their stories and offer hard-earned lessons. </p>
<p>We were lucky to hear from many speakers who shared their stories about obtaining IP protection, developing a business, and commercializing a product. Past Invention-Con favorite, Howie Busch, an inventor and entrepreneur, hosted a panel of Shark Tank contestants. These Shark Tank speakers had great advice to share with our attendees on how to stand out, develop, fund, and market their products.</p>
<p><img border="0" hspace="0" src="https://www.uspto.gov/blogdata/img/20190913_Invention%20Con_153_682.jpg" align="baseline" /></p>
<p><em>Entrepreneur Howie Busch (right) moderates the panel “Swim with the Sharks: Learn how national exposure changes your business,” comprised of past Shark Tank contestants. (Photo by Cynthia Blancaflor/USPTO)</em></p>
<p>It is not uncommon for inventors to return to Invention-Con, year after year. One example is Ruth Young, who after attending in 2017 and 2018 took advantage of the USPTO’s Law School Clinic Certification, Pro Bono, and Pro Se programs. This year, she joined us as a panelist and shared her <a href="https://www.uspto.gov/learning-and-resources/newsletter/inventors-eye/budding-visionary-inventor-ruth-young">inspirational invention journey</a>.</p>
<p>Prior to joining the USPTO, I worked with high-tech startups as an IP attorney in Silicon Valley. I know that launching a business can often be an overwhelming and intimidating experience, and the patent process is one more task that is added. The USPTO issues nearly 25% of patents to small and micro-entities, and the percentage of micro-entity patents has grown every year since the USPTO introduced that category for patent applications. In fact, the USPTO issues over 300,000 patents a year, and over 7,500 of those are to micro-entities, including to independent inventors.</p>
<p>It only takes one really good idea to launch a successful enterprise, and it is inspiring to see that many of them are also looking to help society. Consider, for example, the story of Alice Chun, whose company Solight Design was a winner of the 2018 Patents for Humanity award for the SolarPUFF™, a compact foldable light made of a flexible waterproof material with a solar panel on top. Alice was inspired after the 2010 earthquake in Haiti to create a product that made light after dark available for the 1.6 billion people still living without electricity. Although the SolarPUFF™ was designed with developing countries in mind, this unique light has also found a market in camping and other outdoor uses. By issuing patents to independent inventors like Alice Chun, in addition to larger entities, the USPTO is helping sow the seeds of success for many other small companies that will continue to invigorate our thriving innovation economy.</p>
<p>History has shown that IP rights have been indispensable to our country’s prosperity and economic growth. In fact, our founders thought IP rights were so important, they had the foresight to enshrine them in our Constitution. In Article I, Section 8, Clause 8, they granted Congress the power “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”</p>
<p>Since then, we have benefitted from the development of electric lighting, powered flight, DNA synthesis, the internet, and countless other transformational technologies. At the USPTO, we are seeing an increasing number of developing technologies that we will benefit from tomorrow, such as artificial intelligence, autonomous vehicles, and biotechnology. </p>
<p>IP is of key importance to this progress. A 2016 report by the USPTO estimated that in 2014, IP-intensive industries supported 45.5 million jobs in the U.S. and contributed $6.6 trillion to the U.S. economy, equivalent to 38.2% of GDP. It is in our interest—in fact, it is our mission—to help all inventors achieve their goals by protecting the fruits of their imagination and determination. Every day, our patent examiners and trademark examiners work with inventors and businesspeople to secure and protect their IP rights for their innovations and brands.</p>
<p>Innovation is the great equalizer. It doesn’t matter who you are or where you came from. It’s what you can do that gets you IP rights. And, the USPTO’s doors are open to everyone, from all walks of life. Inventors and entrepreneurs are the heart and soul of innovation in America. We at the USPTO remember that every day as we walk through these doors.</p>
<p>Together with Deputy Commissioner for Patents Andrew Faile and Commissioner for Trademarks Mary Boney Denison, it was a pleasure to meet so many innovative and creative entrepreneurs. If you missed Invention-Con, you can watch recordings of the sessions in the videos section of the <a href="https://www.facebook.com/uspto.gov">USPTO Facebook page</a>. The <a href="https://www.uspto.gov/sites/default/files/documents/InventionCon_Book_2019.pdf">Invention-Con 2019 booklet</a> also provides a valuable list of services we offer to support inventors, as well as who to contact to learn more. We hope you can join us next year for another incredibly educational and useful Invention-Con!</p>
https://www.uspto.gov/blog/director/entry/spotlight_on_commerce_tariq_hafiz
Spotlight on Commerce: Tariq Hafiz, Group Director, U.S. Patent and Trademark Office
USPTO
2019-09-12T07:35:23-04:00
2019-09-12T07:35:23-04:00
<p><a href="https://www.commerce.gov/news/blog/2019/09/spotlight-commerce-tariq-hafiz-patent-examiner-us-patent-and-trademark-office">A blog about the USPTO from the Department of Commerce</a>.</p>
<p><em>Ed. note: This post is part of the very first Spotlight on Commerce series highlighting the contributions of Department of Commerce employees who are First Generation Professionals. First Generation Professionals are one of the first in their immediate families to enter the professional work environment. They are professionals with varying socio-economic backgrounds, life experiences, skills and talents that diversify our workforce.</em></p>
<p>Blog post by Tariq Hafiz, Group Director, U.S. Patent and Trademark Office</p>
<p><img border="0" hspace="0" alt="Tariq Hafiz, Group Director at the USPTO" src="https://www.uspto.gov/blogdata/img/hafiztariq.jpg" align="baseline" /></p>
<p align="center"><em>Tariq Hafiz, Group Director, USPTO</em></p>
<p>My name is Tariq and I am a first generation professional. I came to the United States of America at the age of 10 and immediately attended elementary school without knowing a word of English. I learned the English alphabet in the 4th grade. I was the only immigrant in the whole school.</p>
<p>While growing up being an immigrant and eventually being the first in my family to attend college was not an easy road, it also was extremely fulfilling. Although my parents could not provide me with guidance on how to access and navigate college or give me career advice, they were supportive of my goals. My mother did not speak English and had not even completed grade school, while my father had only completed high school. One of the traits that I acquired from my father was an ethic for hard work. Even though he had a non-professional job, he always went to work, and I rarely saw him take a sick day. In fact, I don’t ever remember him taking a day off except for one week of vacation every August.</p>
<p>When I landed my first professional job after graduation, I was extremely grateful. I knew that I had to work extra hard to show my gratitude and ensure that there was nothing that would jeopardize my job, due to a lack of effort. After a few years with a defense contractor, I came to work at the U.S. Patent and Trademark Office (USPTO) where I began my career as a patent examiner. As a patent examiner, my performance was based on objective goals, which was an environment in which I thrived. Thus, I moved up the ladder quickly. I worked my way up to management positions, and after successfully completing the Department of Commerce's Candidate Development Program, I became a member of the Senior Executive Service (SES). </p>
<p>Throughout my career, I have mentored many employees–both professional and non-professional staff–helping them with their career development. Growing up without role models made me appreciate how important they are in a person’s career development. I hope that through mentoring employees, I can be a role model for others in their lives. </p>
<p><em>On September 12, the Department of Commerce hosted the inaugural First Generation Professionals 2019 Summit, and Tariq participated as a guest speaker. <a href="https://www.commerce.gov/news/blog/2019/09/first-generation-professionals-bring-cultural-competence-workforce">Learn more about the First Generation Professionals Initiative</a>.</em></p>
https://www.uspto.gov/blog/director/entry/appeal_board_hearing_availability_in
Appeal board hearing availability in the regional offices
USPTO
2019-09-09T05:08:04-04:00
2019-09-09T05:08:04-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Director of the USPTO Laura Peter and Director of the Rocky Mountain Regional Office Molly Kocialski</em></p>
<p>The Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB) have been making significant strides improving access to hearings, ensuring transparency in proceedings, and providing an effective alternative to district court litigation. The USPTO’s four regional offices in Dallas, San Jose, Denver, and Detroit augment these improvements by offering regional hearing facilities for PTAB and TTAB matters.</p>
<p>At the USPTO, we understand that when an attorney advocates on behalf of a client, or when entrepreneurs or small businesses want to protect their investments, there are many IP-related concerns to consider, including the costs of appeals and trials and ease of access to proceedings. This is why we have worked, and will continue to work, to provide local and regional innovators with the tools, information and resources they need to succeed and ultimately, protect their innovations.</p>
<p>As an example of how we are improving our services for stakeholders of PTAB and TTAB services, after a year-long renovation process recently completed in our Rocky Mountain Regional Office (RMRO), the layout now allows for better participation by stakeholders in hearings, and public viewing when available. The RMRO hearing room has been reconfigured for better space utilization, and to have increased capacity. Upgrades such as these will continue in all USPTO offices (including Alexandria Hearing Room D) to, for example, increase the occupancy size to accommodate viewers of public hearings. Along with the space renovations, the audiovisual equipment is also being updated in all of the USPTO offices, as budget allows, to ensure that each and every hearing room continues to provide the dignity the proceedings deserve. This will ensure that every regional office can reach their growing stakeholder needs for such services to the best of their ability.</p>
<p><img border="0" hspace="0" alt="Previous configuration of the hearing room at the Rocky Mountain Regional Office" src="https://www.uspto.gov/blogdata/img/oldhearingroom.jpg" align="baseline" /></p>
<p><em>The hearing room at the Rocky Mountain Regional U.S. Patent and Trademark Office, before construction with a capacity of 12.</em></p>
<p><img border="0" hspace="0" alt="Updated hearing room in the Rocky Mountain Regional Office" src="https://www.uspto.gov/blogdata/img/newhearingroom.jpg" align="baseline" /></p>
<p><em>The hearing room at the Rocky Mountain Regional U.S. Patent and Trademark Office, newly redesigned, with a capacity of 70.</em></p>
<p>TTAB allows practitioners to make use of the hearing rooms in the regional offices in their practice before the TTAB. Since time and cost constraints can frequently pose a hurdle to a client’s attendance at TTAB hearings, the regional offices can provide a more convenient and cost-effective venue, so that clients can stay attuned to and be present for proceedings that can significantly affect their trademark interests. The facilities present at the USPTO regional offices in Detroit, Denver, San Jose and Dallas now enable clients the opportunity to now be able to attend the hearings that affect the protection of their brand investments.</p>
<p>With regard to PTAB, Notices of Hearing will now include a QR code printed on the notice to allow recipients to more easily access the recently published PTAB Hearings Guide. The PTAB <a href="https://www.uspto.gov/sites/default/files/documents/PTAB%20Hearings%20Guide.pdf">Hearing Guide</a> provides an easy reference guide for any hearings-related questions including scheduling for both ex parte appeals and American Invents Act (AIA) trials. The Hearings Guide also includes instructions on how to exercise the option to attend or view hearings not only at headquarters in Alexandria, Virginia, but also at any of the regional offices. This allows stakeholders across the country the ability to be more active in the protection of their intellectual property rights, and also to stay more acutely attuned to recent Board proceedings and decisions.</p>
<p>Hearings in AIA trials are scheduled as set forth in an order issued by the adjudicating panel. The scheduling order generally will indicate if a panel is available to hold a final hearing in a regional office or location outside of Alexandria, Virginia, and will provide guidance on how a party may request a location preference. If a location preference is requested, the hearing date choice will take into account a judge’s schedule in the requested regional office.</p>
<p>In both TTAB and PTAB hearings, including for ex parte appeals and AIA trials, the client can request to view the hearing in the regional office, regardless of whether their legal counsel is presenting arguments at USPTO headquarters or at a different regional office–meaning the client can view the hearing at the office most convenient for the client. In addition, for oral hearings open to the public, the regional offices hearings facilities allow for increased opportunity for practitioners and law students to attend and observe oral arguments to further their own education and skillsets. Patent Precedential Opinion Panel (POP) hearings will also be streamed from headquarters to the regional offices for public viewing in the hearing rooms. <br />If you are interested in attending a public hearing at a regional office, the information is available in the <a href="https://www.uspto.gov/sites/default/files/documents/PTAB%20Hearings%20Guide.pdf">Hearings Guide</a>, or you may contact our regional offices directly through the information found on their respective sections of the USPTO website. For further questions about any of these improvements, please contact your local <a href="https://www.uspto.gov/about-us/uspto-office-locations">USPTO regional office</a>. </p>
https://www.uspto.gov/blog/director/entry/rocky_mountain_regional_u_s
Rocky Mountain Regional U.S. Patent and Trademark Office – 5 years supporting innovation
USPTO
2019-08-28T06:26:52-04:00
2019-08-28T06:26:52-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu, and Director of the Rocky Mountain Regional Office Molly Kocialski</em></p>
<p>Five years ago this summer, we opened our <a href="https://www.uspto.gov/about-us/uspto-locations/rocky-mountain-regional-office-colorado">Rocky Mountain Regional Office</a> (RMRO) in the Byron G. Rogers Building in downtown Denver. It was a huge day for both the USPTO and the people of Denver, whose great city is home to 24 federally funded research laboratories, four major research universities, and a creative and innovative environment full of start-ups. It also helped fulfill a key promise of the America Invents Act, to better connect inventors and entrepreneurs around the country with the resources of the USPTO.</p>
<p>Since that day in 2014, the RMRO has engaged with more than 90,000 regional stakeholders through over 1,260 outreach and education events in Montana, Idaho, Utah, Wyoming, North Dakota, South Dakota, Nebraska, Kansas, and Colorado. </p>
<p><img border="0" hspace="0" src="https://www.uspto.gov/blogdata/img/20170718_rmro.jpg" align="baseline" /></p>
<p><em>The Byron G. Rogers Federal Building in downtown Denver- home of the Rocky Mountain Regional U.S. Patent and Trademark Office (Photo by Jay Premack/USPTO)</em></p>
<p>The RMRO is paving the way on regular educational programming like our quarterly Trademark Tuesday and Path-to-a-Patent programs. These are broadcast region-wide through the help of our very engaged Patent and Trademark Resource Centers. Another way we have removed obstacles and increased access to IP resources is by encouraging more personal interactions with the USPTO. Today, inventors and entrepreneurs can walk into the RMRO, use the public search facility, and easily obtain answers to their questions. Additionally, IP practitioners and their clients can conduct examiner interviews, participate in Patent Trial and Appeal Board (PTAB) hearings, or view other public hearings, all from our office.</p>
<p>Recruiting and retaining local talent is a key goal for the USPTO, with the added benefit of providing jobs for the local community. The last two classes of examiner recruits had 425 applicants for 25 jobs in 2018 and 317 applicants for 17 jobs in 2019, respectively. Such demand for our available positions is impressive for a state with approximately a 2.5 percent unemployment rate in each of those years, and we hope to answer more of that demand as we grow in the years to come. In addition, there are 94 employees in the Rocky Mountain Regional Office plus 246 examiners hoteling throughout the region—quite a change from 49 hoteling examiners prior to the regional office opening in 2014.</p>
<p>The RMRO is the first USPTO regional office to have representation from all technology centers, allowing for improved communication and sharing of resources between examiners and stakeholders. We also have seven classes of new patent examiners as well as 10 PTAB judges, an outreach officer, and support staff. In addition, our physical space in the Byron Rogers Federal Building has grown, with updates and improvements to a public search facility, interview room, and newly redesigned hearing room.</p>
<p>People truly want to be in Denver, and if you are here for even a short time you will understand why. We are proud of the role the USPTO is playing in the “Mile High City” and the connection with the local community that we have built in such a short time. We look forward to continued growth, partnership, and innovation here and throughout the Rocky Mountain region in the next five years and beyond.</p>
https://www.uspto.gov/blog/director/entry/uspto_announces_federal_register_notice
USPTO announces Federal Register Notice on artificial intelligence patent issues
USPTO
2019-08-26T06:16:47-04:00
2019-08-26T11:47:25-04:00
<p><em>Guest blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Laura Peter</em> </p>
<p><img border="0" hspace="0" alt="Image showing the text "Artificial intelligence: intellectual property policy considerations"" src="https://www.uspto.gov/blogdata/img/AI_blog.jpg" align="baseline" /></p>
<p>As a former Silicon Valley intellectual property attorney for more than 20 years, the potential of disruptive technology has long been of special interest to me. Artificial intelligence (AI) promises to be one of the most important innovations that powers many disruptive ventures and brings exciting changes to our legal system. AI is already influencing the way we work, travel, shop, and play.</p>
<p>From autonomous vehicles to improved medical diagnostics to voice assistants, AI is increasingly at the forefront of innovation. As a continuation of the United States Patent and Trademark Office’s (USPTO) policy leadership in the field of AI, the USPTO convened a conference on <a href="https://www.uspto.gov/about-us/events/artificial-intelligence-intellectual-property-policy-considerations">Artificial Intelligence: Intellectual Property Policy Considerations</a> on January 31 this year. With six panels featuring IP specialists from around the world, the USPTO considered AI’s impact on our innovation ecosystem.</p>
<p>The USPTO continues to promote and protect AI-technology innovations and entrepreneurship. With respect to AI inventions to date, the USPTO has issued thousands of patents on AI technologies, and the future grows more exciting every day as new AI technologies are developed. However, with excitement comes change and the potential for uncertainty. Therefore, the USPTO must continue to ensure the appropriate balance in the administration of our IP system.</p>
<p>With this in mind, the USPTO looks forward to working with the AI academic and industrial community. Working together, we will continuously improve the USPTO’s efforts to foster innovation, competitiveness, and job growth.</p>
<p>I am also excited to announce that we will be publishing a <a href="https://www.federalregister.gov/documents/2019/08/27/2019-18443/request-for-comments-on-patenting-artificial-intelligence-inventions">notice in the Federal Register</a> that poses questions regarding the intersection of patent law with AI that the public may respond to. This first step will allow us to gather information on AI patent policy issues for purposes of evaluating whether further guidance is needed and informing the development of any such guidance. Questions the public is invited to reply to include:</p>
<ul>
<li>Do current patent laws and regulations regarding inventorship need to be revised to take into account inventions where an entity or entities other than a natural person contributed to the conception of an AI invention or any other invention? </li>
<li>Are there any patent eligibility considerations unique to AI inventions? </li>
<li>Does AI impact the level of a person of ordinary skill in the art? </li>
<li>Do the disclosure rules (enablement, specification, etc.) need to be altered for AI-related patent applications? </li>
</ul>
<p>This is just a sample of some of the issues on which the USPTO is seeking input regarding AI patent policy. And this is only the first step. In addition to patents, in the coming months and beyond, the USPTO will examine the full spectrum of intellectual property policy issues that have arisen, or may arise, as AI technologies become more advanced. From AI’s impact on existing intellectual property rights, including copyright and trademarks, to considering if new legal rights are needed in the wake of more advanced AI, the USPTO will continue our thought leadership on AI-related intellectual property policy issues.</p>
https://www.uspto.gov/blog/director/entry/dog_days_of_summer
Dog Days of Summer
USPTO
2019-08-22T12:16:05-04:00
2019-08-23T11:59:43-04:00
<p><em>Guest blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Laura Peter</em></p>
<p align="center">“Sitting back in the evening, stargazing and stroking your dog, is an infallible remedy.”<br />-Ralph Waldo Emerson</p>
<p>The “dog days of summer” have arrived! According to the Farmer’s Almanac, they traditionally take place from July 3rd to August 11th. You may be surprised to learn that the phrase “dog days of summer” originated with the Greeks and Romans and is derived from the “dog star” Sirius and its position in the sky during this time. These days may be the hottest days of the year, depending on your latitude on Earth.</p>
<p>Intellectual property (IP) rights power the U.S. economy across many industries, including the pet sector. Patents on technical innovations and trademarks on branding are critical assets in the pet industry. In fact, legal specialization to support the pet industry has taken off: a number of law firms have now launched practices around food, beverage, and pet issues, representing a wide array of industry leaders on matters ranging from litigation, regulatory, and IP rights. Similarly, government oversight over the pet industry has grown to agencies including the Food and Drug Administration, the U.S. Department of Agriculture, and the Federal Trade Commission.</p>
<p>Growth in the pet sector has soared, and shows continued economic strength, even during times of recession. Currently, sixty-eight percent of U.S. households, or about 85 million families, own a pet. Over 43 million of those households own dogs. In 2018, the pet industry in the United States was $72 billion; it is estimated to exceed $75 billion in 2019. The largest sector of this industry is pet health care, with $18 billion spent on vet care and $16 billion spent on supplies and over the counter medication. A close second is the pet food sector, which grossed $30 billion last year. Dog owners spend almost $1,300 a year on their pets.</p>
<p>Underpinning the powerful growth of the pet industry economy is strong IP protection. While we may be familiar with some of the big brand names in the pet retailer space, we are also seeing record-setting growth and entrepreneurial activity and inventions by new innovators. Entrepreneurs launching start-ups and building new businesses rely on patent protection and trademark registration as a means of differentiating their products and attracting customer loyalty. Also, IP protection wards off infringers and counterfeit goods. However, even though legally empowered with intellectual property rights, sadly, the threat of counterfeiting now requires the Environmental Protection Agency and other regulators to post frequent warnings about the dangers of counterfeit pet medicines and/or pet food that can harm pets, as well as nascent businesses.</p>
<p>So let’s take a closer look at some examples of innovations driving this thriving industry.</p>
<ul>
<li>The Frisbee™ is still one of the most beloved dog toy inventions. Fred Morrison created and sold the first flying disc toy, named the Pluto Platter in 1955. Morrison filed a design patent (U.S. Patent No. D183,626) in 1957. He then sold the rights to Wham-O, who renamed the toy and received a trademark registration for “Frisbee” in 1959, named after the pie tin sold by the Frisbie Pie Company in the late 1800s. While working for Wham-O, Edward Headrick designed an improved “Flying Saucer,” for which he was granted a patent in 1967. </li>
</ul>
<p> </p>
<p><img border="0" hspace="0" alt="Morrison patent for flying disc toy" src="https://www.uspto.gov/blogdata/img/Frisbee%20for%20social_682.jpg" align="baseline" /> </p>
<p align="center"><em>Morrison patent for "flying disc toy."</em></p>
<ul>
<li>The automotive market has expanded to cater to our pets. For example, Tesla has created a “dog mode” so you can leave your pet in the car with the air conditioning (or heat) on while you run a quick errand. The console informs people passing by: “My owner will be back soon. Don’t worry! The A/C is on and it’s [temperature].” </li>
</ul>
<p> </p>
<p><img border="0" hspace="0" alt="Tesla "dog mode" showing a cat and dog inside a car" src="https://www.uspto.gov/blogdata/img/tesla-dog-mode-feature_682.jpg" align="baseline" /></p>
<p align="center"><em>Tesla has created a “dog mode” where pets can be left in a car for a short time with the air conditioning (or heat) on. (Photo courtesy of Tesla)</em></p>
<ul>
<li>In the fitness sector, you can track your pet’s activity with “smart collars,” which function similarly to the human activity tracker, FitBit. There are multiple patents directed to tracking systems for monitoring a pet’s location, activity, training, and creating virtual fences. </li>
<li>To keep our pets safe, implantable microchip devices equipped with GPS can help find the almost 10 million pets that are lost every year. Numerous patents directed to implantable microchip devices, which are generally the size of a grain of rice, can be implanted by your local veterinarian. </li>
<li>Some pets struggle with health problems, including joint ailments or even lost limbs. In the 1950s, inventor Carl Creamer received a patent for a “Mobile Sling for Crippled Animals” (U.S. Patent No. 2,546,726). These veterinary prosthetic carts are intended to help animals experiencing a range of health issues including, spinal damage, forelimb or shoulder pain or weakness, degenerative myelopathy, elbow dysplasia, and other joint and limb ailments. His patent has spawned a cottage industry of device manufacturers working on a range of new and improved designs to assist with a variety of ailments for a range of breeds. </li>
</ul>
<p> </p>
<p><img border="0" hspace="0" alt="Carl Creamer patent for dog sling" src="https://www.uspto.gov/blogdata/img/Creamer%20dog%20sling%20patent%20for%20social_682.jpg" align="baseline" /></p>
<p align="center"><em>Carl Creamer patent for "mobile sling for crippled animals."</em></p>
<ul>
<li>Taking this to another level in the health industry, prosthetic implants made by 3D printing techniques can help disabled pets attain a better quality of life. Many of these devices were inspired by similar devices designed for humans. Virginia-based Animal Ortho Care, and its founder Derrick Campana, was one of the first to use 3D-printed prosthetics for animals. He is one of only 10 people in the world to design prosthetics for animals, including elephants, cows, goats, horses, dogs, and cats. </li>
</ul>
<p> </p>
<p>Throughout the “dog days of summer,” including National Dog Day on August 26th, follow the USPTO on <a href="https://twitter.com/uspto">Twitter</a>, <a href="https://www.facebook.com/uspto.gov">Facebook</a>, and <a href="https://www.instagram.com/uspto/?hl=en">Instagram</a> for more examples of pet-related inventions and trademarks, as we celebrate the ways in which these inventions have made our pets <span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Segoe UI",sans-serif; BACKGROUND: white; COLOR: #222222; LINE-HEIGHT: 150%">—</span></span /> and us <span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Segoe UI",sans-serif; BACKGROUND: white; COLOR: #222222; LINE-HEIGHT: 150%">—</span></span /> happier, healthier, and safer.</p>
https://www.uspto.gov/blog/director/entry/apollo_50_the_role_of
Apollo 50: The role of intellectual property in space commerce
USPTO
2019-08-20T10:40:34-04:00
2019-08-21T07:13:12-04:00
<p><em>By Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu</em></p>
<p> <img border="0" hspace="0" alt="Director of the USPTO Andrei Iancu addresses the audience at the Apollo 50 event. " src="https://www.uspto.gov/blogdata/img/apollo1.jpg" align="baseline" /><br />Direc<em>tor of the USPTO Andrei Iancu addresses the audience at the July 23, 2019 Apollo 50 event. (Photo by Jay Premack/USPTO)</em></p>
<p>On July 20, 1969, an estimated 530 million people watched from around the world as Apollo’s lunar module touched down in the Sea of Tranquility and Neil Armstrong became the first person to step onto the surface of the moon. It’s hard to believe that it took less than 65 years from the Wright brothers’ patent to the first step on the moon, and the fact is the pace of innovation just keeps accelerating. On July 23, the USPTO celebrated the 50<sup>th</sup> anniversary of the moon landing and its significance on invention, space commerce, and intellectual property (IP). The program’s two major themes quickly became evident: innovation and inspiration. </p>
<p>In an overflowing auditorium full of employees, students, and members of the public, we were honored to be joined by many special guests including: Secretary of Commerce Wilbur Ross; NASA Administrator Jim Bridenstine; astronauts Kathy Sullivan and Paul Richards; Director of the Office of Space Commerce Kevin O’Connell; NASA Associate Director, Satellite Servicing Capacities Office Frank Cepollina; and several CEOs of aerospace companies. If you missed it, <a href="https://www.facebook.com/uspto.gov/videos/456622851554883">watch the recording</a>.</p>
<p> <img border="0" hspace="0" alt="Secretary of Commerce Wilbur Ross discusses administration goals on space commerce. " src="https://www.uspto.gov/blogdata/img/apollo4.jpg" align="baseline" /><br /><em>Secretary of Commerce Wilbur Ross discusses administration goals on space commerce. (Photo by Jay Premack/USPTO)</em></p>
<p>In his <a href="https://www.commerce.gov/news/speeches/2019/07/remarks-commerce-secretary-wilbur-l-ross-apollo-50-role-intellectual-property">remarks</a>, Secretary Ross spoke about the importance of space commerce, stating that “protecting the intellectual property of new space companies, entrepreneurs, inventors, and individuals is essential for U.S. success.” He also acknowledge the important role of USPTO examiners and employees who “provide inventors with the protections they need to commercialize their technologies, create companies, hire employees, and put people, satellites, manufacturing plants, and tourists into space.”</p>
<p><em><img border="0" hspace="0" alt="NASA Administrator Jim Bridenstine discusses the importance of intellectual property in continuing NASA’s mission." src="https://www.uspto.gov/blogdata/img/20190723_apollo50_017_682.jpg" align="baseline" /><br />NASA Administrator Jim Bridenstine discusses the importance of intellectual property in continuing NASA’s mission. (Photo by Jay Premack/USPTO)</em></p>
<p>Administrator Bridenstine explained how NASA obtains patents for many reasons, including its continuing mission to elevate the human condition. Part of the reason that NASA has more than 1200 patents in its current portfolio is to drive down the costs of technology, allow it to scale faster, and minimize the risk. He described how a number of essential, pioneering NASA technologies directly impact life on earth, from our food production, water conversation, banking, and telecommunications systems.</p>
<p><img border="0" hspace="0" alt="From left: Kevin O’Connell, Jeffrey Manber, Melanie Stricklan, Christopher Ingraham, and Mary Lynne Ditmarr." src="https://www.uspto.gov/blogdata/img/apollo2.jpg" align="baseline" /> <br /><em>From left: Kevin O’Connell, Jeffrey Manber, Melanie Stricklan, Christopher Ingraham, and Mary Lynne Ditmarr. (Photo by Jay Premack/USPTO)</em></p>
<p>Kevin O’Connell, Director of the Office of Space Commerce at the Department of Commerce, led our panel discussing the rapid growth of the global space economy, and the role of the private sector plays in commercializing space. Panelists included Jeffrey Manber, CEO of NanoRacks; Melanie Stricklan, founder and chief strategy officer of Slingshot Aerospace; Christopher Ingraham, Manager of Stakeholder Communications at International Space Station U.S. National Laboratory; and Dr. Mary Lynne Ditmarr, President and CEO of Coalition for Deep Space Exploration and member of the U.S. Space Council.</p>
<p><img border="0" hspace="0" alt="From left: Laura Peter, Paul Richards, Kathryn Sullivan, and Frank Ceppolina." src="https://www.uspto.gov/blogdata/img/apollo3.jpg" align="baseline" /> <br /><em>From left: Laura Peter, Paul Richards, Kathryn Sullivan, and Frank Ceppolina. (Photo by Jay Premack/USPTO)</em></p>
<p>The highlight for many was hearing from the panel moderated by Deputy Under Secretary and Deputy Director of the USPTO Laura Peter on NASA’s innovation policies, featuring true rock stars of space: Doctor Kathryn Sullivan, astronaut on three space shuttle missions and the first American woman to walk in space (in 1984); Paul Richards, astronaut on the eighth shuttle mission to the international space station; and Frank Ceppolina, pioneering engineer on the Hubble space telescope and <a href="https://www.invent.org/inductees/frank-j-cepollina">National Inventors Hall of Fame inductee</a> and patented inventor.</p>
<p> <em><img border="0" hspace="0" alt="Astronaut and first woman to walk in space Dr. Kathryn Sullivan meets children of Ian Steff, Deputy Assistant Secretary for Manufacturing, International Trade Administration." src="https://www.uspto.gov/blogdata/img/USPTO%2020190723%200V7B7719_Apollo_682.jpg" align="baseline" /><br />Astronaut and first woman to walk in space Dr. Kathryn Sullivan meets children of Ian Steff, Deputy Assistant Secretary for Manufacturing, International Trade Administration</em>.<em> (Photo by Michael Cleveland/USPTO) </em></p>
<p><em> </em>The discussion focused on the role of technology transfer policies and IP that have contributed to improving life for all of us here on earth. Deputy Peter walked through a number of NASA-related patents whose technologies have become everyday household items, including scratch proof lenses, Invisalign™ braces, video game systems, insulated rescue blankets, and more. Cepollina described how the repair mission work on the Hubble Space Telescope (HST) advanced fields like photo lithography, and noted that our current cell phones are 260,000 times more powerful than the Apollo guidance system controller. After the event, the astronauts signed autographs for children and other fans.</p>
<p> <img border="0" hspace="0" alt="Astronaut Paul Richards (right) discusses his patent with USPTO employee Keith Dixon (left), who prosecuted the patent while at NASA." src="https://www.uspto.gov/blogdata/img/apollo5.jpg" align="baseline" /><br /><em>Astronaut Paul Richards (right) discusses his patent with USPTO employee Keith Dixon (left), who prosecuted the patent while at NASA. (Photo by Jay Premack/USPTO)</em></p>
<p>In addition to these space pioneers’ impressive contributions, Richards and Cepollina are also inventors and patent holders. Richards is the inventor of a pistol grip torque measuring power tool for which he received a patent in 1997. In fact, the NASA patent attorney who prosecuted that patent application, Keith Dixon, now works with at the USPTO. And Cepollina’s work at NASA and in patented technologies are not only important to space technology growth but have also been a springboard for developments in other industries including breast cancer detection and more powerful microchips for satellite optics.</p>
<p> <em><img border="0" hspace="0" alt="Secretary Ross and Director Iancu speak with the inventor of the Virtusphere, Ray Latypov" src="https://www.uspto.gov/blogdata/img/20190723_apollo50_092_682.jpg" align="baseline" /><br />Secretary Ross and Director Iancu speak with the inventor of the Virtusphere, Ray Latypov. (Photo by Jay Premack/USPTO</em>)</p>
<p>Finally, before and after the event, participants had the chance to view an Apollo era spacesuit loaned from the Smithsonian, experience a <a href="https://twitter.com/uspto/status/1154424907243106304">virtual moon walk</a> provided by the Institute of Electrical and Electronics Engineers (IEEE), and visit the <a href="https://www.invent.org/">National Inventors Hall of Fame® Museum</a>'s Apollo 11 exhibit.</p>
<p>As I said at the event, landing on the moon was the ultimate triumph of human ingenuity. The benefits of space innovation are astounding. Our IP system not only helped make this possible, it continues to promote and protect stunning advances in every field of human endeavor.</p>
https://www.uspto.gov/blog/director/entry/uspto_proposes_patent_fee_adjustments
USPTO proposes patent fee adjustments
USPTO
2019-07-31T07:00:59-04:00
2019-07-31T07:34:34-04:00
<p><i>Guest blog by Acting Chief Financial Officer of the USPTO Sean Mildrew</i></p>
<p><img border="0" hspace="0" alt="Image of two credit cards" src="https://www.uspto.gov/blogdata/img/credit-card-blog-image.jpg" align="baseline" /></p>
<p>At the U.S. Patent and Trademark Office (USPTO), we continuously work to reinforce the predictability, reliability, and quality of patent rights. To meet this challenge, the USPTO requires a predictable and sufficient stream of funding, which means that we must continually review our fees and adjust them as appropriate.</p>
<p>Today’s notice of proposed rulemaking (NPRM) regarding USPTO fees is the result of a comprehensive biennial fee review that began in 2017, when we analyzed the effects of proposed fee changes on our operating model. At that time, we concluded that fee adjustments would be necessary to provide the resources needed to improve patent operations, including implementing the USPTO 2018-2022 Strategic Plan. As part of our analysis, we also received feedback on an initial fee proposal via a Patent Public Advisory Committee (PPAC) hearing conducted in September 2018 and a report issued by PPAC in October 2018. As a result, the proposed fee adjustments outlined in the NPRM increase certain patent fees where there are specific needs and increase the remaining fees at a set percentage to address rising expenses. The significant percentage discounts for small and micro entities are maintained.</p>
<p>With this additional funding, we will:</p>
<ul>
<li>Enhance the quality and timeliness of patent examination in order to produce more reliable and predictable patent rights. </li>
<li>Enhance the quality and timeliness of AIA trials by providing sufficient judicial and administrative resources to the Patent Trial and Appeal Board. </li>
<li>Replenish the patent operating reserve to further stabilize our finances, enabling us to deliver more reliable and predictable service levels, even in times of financial fluctuations. </li>
</ul>
<br />
<p>We welcome feedback on the proposed changes. A 60-day public comment period is now open. After reviewing and considering the public comments, we expect to prepare a final rule for publication during the summer of 2020.</p>
<p><a href="https://federalregister.gov/d/2019-15727">The NPRM can be accessed here</a>. The preferred method for submitting comments is email addressed to <a href="mailto:fee.setting@uspto.gov">fee.setting@uspto.gov</a>. Comments are preferred to be submitted in plain text, but also may be submitted in portable document format (PDF) or a word processing format. Because comments will be made available for public inspection, information that the submitter does not desire to make public, such as an address or phone number, should not be included in the comments. Comments on the fee proposals are due by September 30, 2019.</p>
https://www.uspto.gov/blog/director/entry/camp_invention_prepares_tomorrow_s
Camp Invention prepares tomorrow’s innovators
USPTO
2019-07-03T05:25:26-04:00
2019-07-03T08:56:48-04:00
<p><em>By Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu</em></p>
<p><em></em></p>
<p><em><img border="0" hspace="0" alt="Director Iancu interacts with students at Camp Invention" src="https://www.uspto.gov/blogdata/img/20190626camp.jpg" align="baseline" /></em></p>
<p><em>Director Iancu meets Camp Invention students in Hyattsville, Maryland, as they work on their innovation force module (photo by Jay Premack/USPTO)</em></p>
<p>For the United States to maintain our leadership role in key science and technology areas, we must harness the concerted efforts of industry, academia, and government to empower the next generation. The USPTO plays a critical role as we work to equip tomorrow’s inventors, innovators, and entrepreneurs with the skills they need to succeed.</p>
<p>On June 26, I had the opportunity to visit Camp Invention in Hyattsville, Maryland. I was joined by <a href="https://www.invent.org/inductees/alois-langer">Al Langer</a>, inventor of the first automatic implantable cardioverter defibrillator. </p>
<p><a href="https://www.invent.org/programs/camp-invention">Camp Invention</a>, an annual summer program hosted by the <a href="https://www.invent.org/">National Inventors Hall of Fame (NIHF)</a>, in partnership with the USPTO, turns curious kindergarten through sixth grade students into innovative thinkers. Located in all 50 states, Washington, D.C., and Puerto Rico, there are over 1,800 schools participating in NIHF’s educational programs nationwide. Inspired by National Inventors Hall of Fame inductees, this program delivers a science, technology, engineering and math (STEM) and intellectual property based program to 160,000 students annually, taught by 13,000 local, certified teachers and 9,000 high-school and college-aged interns.</p>
<p>The students at Camp Invention in Hyattsville, Maryland, like more than 50,000 students nationwide, receive scholarships to attend NIHF’s education programs. Scholarships allow underrepresented students to learn the 21st century skills to prepare them for the future. </p>
<p>The theme of this year’s Camp Invention curriculum is “Supercharged,” and features four modules that incorporate concepts of inventing with activities on superheroes, sea adventures, farm tech, and robots. Dr. Langer and I met and spoke with students working on all four modules.</p>
<p><em></em></p>
<p><em><img border="0" hspace="0" alt="Al Langer assists students at Camp Invention" src="https://www.uspto.gov/blogdata/img/20190626_camp_007_682.jpg" align="baseline" /></em></p>
<p><em>Inventor Al Langer assists students with their deep sea mystery module at Camp Invention in Hyattsville, Maryland (photo by Jay Premack/USPTO)</em></p>
<p>One week of Camp Invention is comprised of programming that presents children with real-world, hands-on challenges that emphasize STEM proficiencies, creative problem solving, collaboration, and entrepreneurship through innovation. Participants are led through the process of invention, learning that failure is a necessary point on the path to success. Teachers are provided with new ways to incorporate STEM skills into their classrooms, and each year Camp Invention introduces a new, cutting-edge curriculum to ensure that the program continues to be an engaging and memorable experience for everyone involved.</p>
<p>At the USPTO, we recognize that the next generation needs to gain a strong understanding of intellectual property and problem solving. Programs like Camp Invention introduce young people to important STEM and IP skills in a fun environment, and help build a robust pipeline of talent, ready to meet the expanding needs of a highly technical workforce. These future inventors, innovators, and entrepreneurs will play a crucial role in helping the U.S. compete and succeed in a global economy.</p>
https://www.uspto.gov/blog/director/entry/for_u_s_businesses_the
For U.S. businesses, the USPTO’s IP attachés are there to help
USPTO
2019-07-02T07:59:33-04:00
2019-07-02T07:59:33-04:00
<p><em>Guest blog by </em><em>Shira Perlmutter, </em><em>Chief Policy Officer and Director for International Affairs at the USPTO</em></p>
<p>I recently had the pleasure of joining five of the USPTO’s IP attachés at a series of meetings with U.S. innovators and stakeholders, including the annual meeting of the <a href="https://www.inta.org/2019annual/Pages/Home.aspx">International Trademark Association (INTA)</a> in Boston. </p>
<p>The IP attachés are intellectual property (IP) experts posted to U.S. embassies and consulates throughout the world. They meet with government officials to explain U.S. perspectives and policies and advocate for improvements to IP systems. They also provide training on effective IP enforcement, monitor IP-related developments, and conduct programs to educate the public on the value and importance of IP. This work is ever more important in an increasingly global marketplace. </p>
<p><img border="0" hspace="0" alt="IP attaches meet with New England Inventors Association" src="https://www.uspto.gov/blogdata/img/New_England_007_051819_682.jpg" align="baseline" /></p>
<p align="left"><em>A group of the USPTO’s IP attachés meet with members of the New England Inventors Association in North Andover, Massachusetts. The meeting was part of the IP Attaché Program’s outreach activities in the Philadelphia and Boston areas this past May.</em></p>
<p>At least once a year, the attachés return to the United States to meet with American innovators and businesses, learn about their IP-related concerns, and share information about IP developments in their regions. This spring, their destinations were Boston and Philadelphia. </p>
<p><img border="0" hspace="0" alt="IP legal counsel Luciano Marchione, based in Brussels, speaks with member of the New England Inventors Association" src="https://www.uspto.gov/blogdata/img/New_England_004_051819_682.jpg" align="baseline" /></p>
<p align="left"><em>IP legal counsel Luciano Marchione, who is based in Brussels, Belgium, as part of the USPTO’s IP Attaché Program, speaks with a member of the Inventors Association of New England in North Andover, Massachusetts. He joined a group of several IP attachés to conduct meetings with stakeholders in the Boston and Philadelphia areas this past May.</em></p>
<p>In Boston, in addition to INTA, the IP attachés met with members of the Inventors Association of New England (IANE), one of the nation’s oldest inventor clubs. The group expressed appreciation for the opportunity to meet with the IP attachés and learn about how to protect their IP in foreign jurisdictions. “As independent inventors and entrepreneurs, our members often feel like it’s ‘you against the world.’ ” said George Peters of the IANE, the co-inventor and founder of KettlePizza,® a cooking accessory that can convert an outdoor grill into a pizza oven. “It’s an incredible feeling to know that the IP attachés are in our corner. They place very high value on the independent inventor, work to promote our interests and are available as a resource to answer questions about foreign markets.”</p>
<p><img border="0" hspace="0" alt="IP Attaches visit KettlePizza in Boston" src="https://www.uspto.gov/blogdata/img/New_England_002_051819_682.jpg" align="baseline" /></p>
<p align="left"><em>L to R: IP specialist Komal Kahla and IP attachés Duncan Willson and Laura Hammel speak with KettlePizza co-founder George Peters during their meeting with members of the New England Inventors Association in North Andover, Massachusetts. The meeting was part of the IP Attaché Program’s outreach activities in the Philadelphia and Boston areas this past May.</em></p>
<p>Business accelerators and incubator programs have been established in many areas of the country to help innovators and start-up companies overcome early-stage growth obstacles. In Philadelphia, the IP attachés visited one such establishment, the University City Science Center, a nonprofit business accelerator in the life sciences field. They also met with representatives of several larger, established companies. </p>
<p>In all of these meetings, a common theme presented itself — that while there is worldwide demand for products of American innovation, foreign demand brings additional risks. The IP systems of other countries can be quite different from our own. And even if a business currently manufactures or sells its product only in the United States, it is important to have a plan to protect its IP rights not only at home but abroad. </p>
<p>That is where the USPTO’s IP attachés can be a valuable resource. They can assist U.S. stakeholders who are experiencing problems with IP rights abroad or who are considering entering a foreign market. And they are effective advocates in their respective regions for policies and laws that benefit U.S. businesses.</p>
<p>Learn more about the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual">USPTO’s IP Attaché Program</a>, including where the attachés are based and how to contact them.</p>
https://www.uspto.gov/blog/director/entry/intellectual_property_resources_in_your
Intellectual property resources in your area
USPTO
2019-06-24T15:43:12-04:00
2019-06-24T15:43:12-04:00
<p><em>By Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office</em> </p>
<p>Providing entrepreneurs, small businesses, and independent inventors with access to intellectual property (IP) resources is one of the major priorities for the USPTO. These entities are vital to our country’s economy, but they often don’t have the same resources that larger entities can leverage to protect their innovations. Because of that, the USPTO oversees several programs to assist with free or reduced-cost help in applying for patents, including the Patent Pro Bono Program, the Pro Se Assistance Program, the Certified Law School Clinic Program, and Patent and Trademark Resource Centers. That’s all in addition to the reduced filing fees we charge to small and micro entities.</p>
<p>Recently, we updated our website to make many of these resources easier to find. Take a look! The “Find help in your area” link under the “New to IP?” area at the top of the USPTO homepage takes users to a map of the United States where they can select <a href="https://www.uspto.gov/learning-and-resources/patents-help/resources-state">state-specific resource pages</a> and <a href="https://www.uspto.gov/about-us/uspto-office-locations">regional USPTO office pages</a>. From free legal assistance to listings of local inventor clubs, there’s a large array of helpful programs. In addition, we’ve added regional event filters to our main <a href="https://www.uspto.gov/about-us/events">USPTO events calendar</a> so you can easily find upcoming events in your local area. Overall, we updated more than 60 pages, and over the next few months, we will be gathering public feedback in order to continue making even more helpful changes to our website. <a href="mailto:occofeedback@uspto.gov?subject=website%20feedback%20from%20blog">Send us a comment</a>. We’d love to hear from you.</p>
<p><img border="0" hspace="0" alt="Image of the USPTO website" src="https://www.uspto.gov/blogdata/img/state-map-homepage-image_cropped.jpg" align="baseline" /></p>
<p align="center"><em>Recent USPTO website updates make finding local resources and events easier</em></p>
<p>Under-resourced independent inventors and small businesses may be particularly interested in securing free legal representation to help them protect their inventions using the <a href="http://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono">Patent Pro Bono Program</a>. Located across the country, each of the 21 local nonprofit pro bono programs matches inventors with volunteer patent attorneys to help them navigate the process for obtaining a patent. Since the program began, over 1,900 inventors have been matched with registered patent practitioners, and currently more than 1,500 attorneys are available to volunteer through the program.</p>
<p>Another way for inventors and entrepreneurs to secure free legal services is through the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1">Law School Clinic Certification Program</a>. Currently, there are 60 participating law school clinics where law students draft and file patent or trademark applications for clients under the supervision of their law school faculty. Since its inception, over 4,000 law students have participated in the program and have filed more than 850 patent applications and more than 3,300 trademark applications for clients.</p>
<p>Some independent inventors and small businesses choose to file patent applications without the assistance of a registered patent attorney or agent—also known as "pro se" filing. We have tools to assist pro se filers, as well as a dedicated USPTO team available to answer filing questions and explain the process. To learn more, visit the <a href="http://www.uspto.gov/patents-getting-started/using-legal-services/pro-se-assistance-program">Pro Se Assistance Program</a> page of the USPTO website.</p>
<p>We also offer independent inventors and small businesses reduced patent filing fees for “micro entities” and “small entities.” Entities that meet the micro-entity requirements are eligible for a 75 percent reduction on most fees, and small entity status offers a 50 percent fee reduction. View the full <a href="http://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule">USPTO fee schedule</a>.</p>
<p>Patent and Trademark Resource Centers (PTRCs) are another great way to get IP help. This nationwide network consists of public, state, and academic libraries designated by the USPTO to support the public with trademark and patent assistance. They provide the human touch in helping inventors and small businesses find the information they need to protect their IP. Please note that PTRC representatives are not attorneys, and they cannot provide legal advice. <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-and-trademark-resource-centers-ptrc/ptrc-locations">Find a PTRC in your state</a>.</p>
<p>These are only some examples of the various services we offer to help inventors and entrepreneurs protect their IP. Visit the <a href="https://www.uspto.gov/">USPTO website</a> to learn about even more resources.</p>
<p>American history is filled with remarkable stories of inventors and entrepreneurs who worked hard, took risks, persevered, dared to go where others would not, and ultimately overcame tremendous odds to succeed. We will continue to encourage the sparks of inventors’ ideas to grow into the flames of world-changing innovation.</p>
https://www.uspto.gov/blog/director/entry/continuing_to_improve_our_it
Continuing to improve our IT infrastructure
USPTO
2019-06-07T07:19:55-04:00
2019-06-11T07:03:43-04:00
<p align="left"><em>By </em><em>Under Secretary of Commerce for Intellectual Property and Director of the USPTO </em><em>Andrei Iancu and </em><em>Chief Information Officer of the USPTO </em><em>Jamie Holcombe</em></p>
<p>One of our chief goals at the United States Patent and Trademark Office is to provide consistent, reliable, and high-quality services to all of our stakeholders, in every aspect of their engagement with our office. A major component of providing these services is the ease-of-use and availability of the USPTO’s information technology systems.</p>
<p>In the past several months, we have committed personnel and resources to increasing the stability and availability of our IT infrastructure, and deploying state-of-the-art technology throughout our entire enterprise.</p>
<p><img border="0" hspace="0" alt="Close up photo of the front side of the old PALM server, informally called T-REX, and no longer in use. " src="https://www.uspto.gov/blogdata/img/20190529_palm_007_large_682.jpg" align="middle" /></p>
<p align="center"><em>USPTO’s previous PALM server, currently no longer in use. (Photo by Jay Premack/USPTO)</em></p>
<p>Over the most recent Memorial Day weekend, we reached an important milestone in that effort. Thanks to the hard work of our IT team and the assistance of an expert outside technology firm, we successfully transitioned a critical part of our Patent Application Locating and Monitoring (PALM) application to a new, more modern, stable and resilient server platform. The previous IT platform was almost two decades old. It was difficult to maintain given the age of its hardware and coding, and risked failing without notice. We are proud to announce that we have a new PALM server platform that is 1,000 times faster, 20 times more efficient, and far more stable and less prone to failure.</p>
<p>As many of our regular users are aware, last August, the USPTO suffered a database corruption issue in a portion of the PALM application that impacted some of our other servers. Those servers were also old, so we immediately replaced them at that time.</p>
<p>Unfortunately, the PALM-related systems failure caused parts of our electronic filing system to be offline for several days last summer.</p>
<p>We decided to take a fresh look at our entire IT systems, from top to bottom.</p>
<p>We performed an exhaustive analysis of our hardware and software systems. We hired a consulting firm that specializes in our types of complex IT systems. We hired a new Chief Information Officer who has extensive experience both in the private sector and in government. And we resolved to stabilize and modernize all of our IT systems. Our Memorial Day upgrade is a significant step in this multi-stage journey toward increased productivity, reliability and resiliency.</p>
<p>Needless to say, a fully modernized IT system that will remain operational per industry standards is a large-scale project that requires significantly more work. We have made the commitment to make the investments that are required to achieve that goal, and will not shy away from any of the challenges that lie ahead.</p>
<p>An improved IT infrastructure is critically important to help the USPTO better serve the inventors, entrepreneurs, and the rest of the public that comes before us. Their pioneering innovations and brands create jobs, improve the quality of life, and drive economic progress.</p>
<p>We will continue to work with our external partners, stakeholders, and employees to ensure that the U.S. Intellectual Property System leads the world in driving global innovation and entrepreneurship.</p>
https://www.uspto.gov/blog/director/entry/national_military_appreciation_month
National Military Appreciation Month
USPTO
2019-05-23T09:03:50-04:00
2019-05-23T09:03:50-04:00
<p>By Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office Andrei Iancu</p>
<p>During National Military Appreciation Month, we recognize the role that innovation has played in America’s military strength and honor the service and sacrifice of our men and women in uniform.</p>
<p>On May 2, we celebrated the <a href="https://www.invent.org/inductees/new-inductees">2019 National Inventors Hall of Fame (NIHF) inductees</a> at the National Building Museum in Washington, D.C. Andrew Higgins, the inventor of the LCVP (Landing Craft, Vehicle, Personnel) known as the “Higgins Boat,” was among the notable inventors honored. Most people recognize the Higgins Boat as the amphibious craft used to land American troops and equipment on the beaches of Normandy and the shores of Iwo Jima. In partnership with the NIHF museum, here at the USPTO headquarters in Alexandria, Virginia, we have an actual <a href="https://www.uspto.gov/dwcstories/higgins.html">Higgins Boat</a> on display until the end of July. Visitors are encouraged to board the craft and learn about the “boat that won the war.” The NIHF Museum, also located at the USPTO, offers American flags for visitors to plant near the exhibit to honor the service of our nation’s veterans.</p>
<p><em><img border="0" hspace="0" alt="Director Iancu and Deputy Director Peter with the Higgins boat" src="https://www.uspto.gov/blogdata/img/20190429_higgins_016_682.jpg" align="baseline" /></em></p>
<p><em>Director Andrei Iancu and Deputy Director Laura Peter plant flags by the Higgins boat on display outside the USPTO headquarters (Photo by Jay Premack/USPTO)</em></p>
<p>The USPTO is strongly committed to hiring veterans. The qualities the military teaches, in addition to the diverse experiences service members have, means that veterans have a great deal to bring to any team. That is why the USPTO has a robust <a href="https://www.uspto.gov/jobs/veteran-hiring-program-0">veterans hiring program</a>. Since the program’s inception in 2012, the USPTO has hired about 800 veterans or transitioning service members, which accounts for 6% of our agency’s total workforce. <a href="http://bit.ly/PTOonMMOC">Our veterans tell us how proud they are</a> that by joining the USPTO after active duty, they can continue to serve their country by protecting American assets – in this case, intellectual property. Veterans contribute to our mission in the areas of science and engineering, information technology, contracts, procurement, finance, administration, project and program management, and customer support. Each day, I see these men and women bring to their work at the USPTO the same spirit of selfless service and love of country that led them to serve in uniform.</p>
<p>On May 23, I and other USPTO employees participated in our annual Memorial Day observance, organized by the <a href="http://ptomilitaryassociation.org/">USPTO Military Association</a>, which includes the Walk of Thankful Recognition, from USPTO headquarters to the Alexandria National Cemetery. Each participant was provided a card describing the life of a veteran buried at the cemetery and encouraged to pay his or her respects at the gravesite. As always, this was an extremely meaningful and moving event.</p>
<p>This Memorial Day, we join with the rest of our citizenry to honor and remember those who have served and those who have sacrificed for our nation. On behalf of the USPTO, we thank the inventors whose ideas keep our military on the cutting edge, as well as the proud men and women who served in our armed forces.</p>
https://www.uspto.gov/blog/director/entry/spotlight_on_commerce_charles_kim
Spotlight on Commerce: Charles Kim, Director of the Office of Petitions
USPTO
2019-05-15T09:01:56-04:00
2019-05-15T09:01:56-04:00
<p><a href="https://www.commerce.gov/news/blog/2019/05/spotlight-commerce-charles-kim-director-office-petitions-us-patent-and-trademark">A blog about the USPTO from the Department of Commerce</a>.</p>
<p>Ed. Note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce employees in honor of Asian American and Pacific Islander (AAPI) Heritage Month.</p>
<p><img border="0" hspace="0" alt="Charles Kim" src="https://www.uspto.gov/blogdata/img/casual%20portrait%20ck_682.jpg" align="baseline" /></p>
<p align="center"><em>Charles Kim, Director of the Office of Petitions. (Photo by Jay Premack/USPTO)</em></p>
<p>As the Director of the Office of Petitions, I oversee a talented group of petitions examiners, attorneys, and paralegals that review over 45 different types of petitions and issue approximately 40,000 petition decisions per year. By issuing high quality and timely petition decisions, the Office of Petitions supports the USPTO’s strategic goal of optimizing patent timeliness and helps to promote the reliability and predictability of patent rights.</p>
<p>I was born in Seoul, South Korea. My family immigrated to the U.S. when I was four years old. Like many Asian American and Pacific Islander (and other immigrants) parents, my parents sought to provide a brighter future for their children. With limited financial means and even more limited ability to speak English, my parents understood the uncertainties and challenges that lie ahead. However, they believed that providing their children with better opportunities was worth the risk of leaving behind their families and friends, and venturing out into the unknown. <br />When we first arrived in Queens, New York, my parents only had about $500 and a Korean-English dictionary. Shortly after we arrived, my father found a job at a local grocery store and my mother started working at a clothing manufacturing company. They worked long, hard hours, but eventually saved enough money to start their own business. We moved to New Jersey when I was about ten years old.</p>
<p>After graduating from high school in New Jersey, I attended Rutgers University, where I earned a B.S. degree in electrical engineering. During my senior year at Rutgers, I saw a newsletter on a table as I walking through the hallway in one of the engineering buildings. The front page of the newsletter had the headline, “The USPTO is Hiring Talented Engineers.” I applied, and a couple of months later, I started my first full-time job as a patent examiner examining applications relating to image analysis.</p>
<p>While working as a patent examiner, I obtained my law degree from George Washington University Law School. After graduating from law school, I was selected as a Supervisory Patent Examiner in the Computer Architecture and Software Technology Center. I was fortunate to have the opportunity to serve on career development details at the Office of Patent Legal Administration and the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO. Immediately prior to my current role, I served for two years as a Senior Advisor to the Deputy Commissioner for Patent Examination Policy.</p>
<p><img border="0" hspace="0" alt="Charles Kim providing an overview of petitions practice to IP students vising from KAIST University." src="https://www.uspto.gov/blogdata/img/2018%20kaist%20visit%20cropped.jpg" align="baseline" /></p>
<p align="center"><em>Charles Kim providing an overview of petitions practice to IP students visiting from KAIST University.</em></p>
<p>One of the biggest motivating factors for me is when I look back and think about the sacrifices that my parents made so that I could have a brighter future. I am determined to succeed so that their sacrifices were not in vain. I suspect that this is not a unique motivating factor for many 1.5 generation Asian American and Pacific Islanders (Note that the term “1.5 generation” refers to people who immigrated to the U.S. as children). And in many ways, this is what Asian American and Pacific Islander Heritage Month means to me. Asian American and Pacific Islander Heritage Month is an opportunity to reflect on the perseverance, sacrifice, and hard work of the many Asian American and Pacific Islanders that came before me to help build the foundation for future Asian American and Pacific Islander generations to become successful leaders across business and government, and to continue to advance our great nation.</p>
<p>One quote that has had a meaningful impact on my leadership approach is attributed to Peggy Focarino, the former Commissioner for Patents. During her retirement ceremony, Peggy stated that it is important to recognize “Mission First; People Always.” This phrase has stuck with me because it reminds me that regardless of your organization or your title, the one thing that is common (and most important) to all leaders is the people (that they lead).</p>
<p>My advice for those starting their career is to motivate yourself to step outside of your comfort zone. Picture your comfort zone as a circle. If you position yourself slightly outside the circle, your circle (i.e., comfort zone) will eventually grow. By continuing to stay slightly outside the circle, you will experience continuous growth and improvement, which is a recipe for success! </p>
https://www.uspto.gov/blog/director/entry/commerce_secretary_ross_honors_2019
Commerce Secretary Ross Honors 2019 National Inventors Hall of Fame Inductees at the National Building Museum
USPTO
2019-05-06T06:39:09-04:00
2019-05-06T06:39:09-04:00
<p><a href="https://www.commerce.gov/news/blog/2019/05/commerce-secretary-ross-honors-2019-national-inventors-hall-fame-inductees">A blog about the USPTO from the Department of Commerce</a>.</p>
<p><img border="0" hspace="0" alt="Secretary Ross at NIHF Induction Ceremony" src="https://www.uspto.gov/blogdata/img/20190502_induction_rush_002.jpg" align="baseline" /></p>
<p><em>Secretary Ross spoke at the National Inventors Hall of Fame induction ceremony on May 2, 2019 at the National Building Museum in Washington, D.C.</em> <em>(Photo by Jay Premack/USPTO)</em></p>
<p>Last week, U.S. Commerce Secretary Wilbur Ross joined the United States Patent and Trademark Office (USPTO) in inducting nineteen of America’s greatest inventors into the National Inventors Hall of Fame (NIHF) which was held at the historic National Building Museum in Washington, D.C. At the event, <a href="https://www.commerce.gov/news/speeches/2019/05/remarks-us-commerce-secretary-wilbur-l-ross-national-inventors-hall-fame">Secretary Ross addressed</a> the important role that innovation plays in transforming and advancing our society.</p>
<p>Television personality Danica McKellar moderated the event, Secretary of Commerce Wilbur Ross and Director of the USPTO Andrei Iancu delivered remarks, and Director Iancu presented induction medals. Nine living inventors were inducted, and another ten were named posthumously.</p>
<p>The inductees’ patented innovations revolutionized their industries and changed people’s lives. Those honored included Chieko Asakawa for creating accessible technology for visually disabled individuals; David Walt for developing microwell arrays that could analyze thousands of genes simultaneously; and S. Duncan Black and Alonzo G. Decker for laying the foundation for the modern power tool industry with their invention of the portable hand-held electric drill.</p>
<p>At the ceremony, Secretary Ross stated, “For those being inducted today, we greatly admire your grit in persevering through the trials and errors needed to turn your ideas into reality, and for your contributions to humanity.” <a href="https://www.commerce.gov/news/speeches/2019/05/remarks-us-commerce-secretary-wilbur-l-ross-national-inventors-hall-fame">Read Secretary Ross' full remarks</a>.</p>
<p>USPTO Director Iancu stated, “When we humans harness that most unique of human qualities—the power to reason, to work together, to invent, to create—we are capable of the most remarkable things. That is what inventors do, and that is what we celebrate tonight.” <a href="https://www.uspto.gov/about-us/news-updates/remarks-director-iancu-2019-national-inventors-hall-fame-induction-ceremony">Read Director Iancu’s full remarks</a>.</p>
<p>In partnership with the USPTO, the <a href="https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttps-3A__www.invent.org_%26d%3DDwMFAg%26c%3DVhZolPcoIcxBQpA0e5_BL66VJfv8ydsVc5_UWeY_GkQ%26r%3D8S8orxmJXgpKWrAk0H4uRQ%26m%3D8aArruutd7ECeTayMsnatic9CiPLFEnd8yWt1bozXeA%26s%3DnbItVSJrk-8sTr9tNZ48uZyGjFKvkqHH9zDkpZjCdk8%26e%3D&data=02%7C01%7CPhilippa.Olsen%40USPTO.GOV%7Ccc003b20ec804eaaa75008d6d2267ae1%7Cff4abfe983b540268b8ffa69a1cad0b8%7C1%7C0%7C636927460054303601&sdata=ZhYuqsNdnVI5t3CK43hjTNH82%2FZfr9b%2BrTiN3dTM74E%3D&reserved=0">National Inventors Hall of Fame</a> has impacted 2.2 million children, educators, college students, and inventors since 1990, and 200,000 in 2018 alone. To be inducted into the National Inventors Hall of Fame, one must hold a U.S. patent, as well as contribute significantly to the nation's welfare and the advancement of science and the useful arts. NIHF was established in 1973 to honor U.S. patent holders whose inventions created new industries that employ millions of people and helped to stimulate economic growth for our nation and beyond.</p>
<p>View a <a href="https://www.invent.org/inductees/new-inductees">complete list</a> of the honorees and the stories behind their inventions online.</p>
https://www.uspto.gov/blog/director/entry/celebrating_world_ip_day1
Celebrating World IP Day
USPTO
2019-04-26T03:48:50-04:00
2019-04-26T04:44:42-04:00
<p><img border="0" hspace="0" alt="World IP Day image" src="https://www.uspto.gov/blogdata/img/wipd.jpg" align="baseline" /></p>
<p>By Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office Andrei Iancu</p>
<p>Every year on April 26, we celebrate World Intellectual Property Day. Established by the World Intellectual Property Organization in 2000, World IP Day highlights the importance of intellectual property in our lives around the globe. This year’s theme is "Reach for the Gold: IP and Sports.” </p>
<p>Inventions have revolutionized sports. From the athletic shoe and protective helmet, to materials like VELCRO®, LYCRA®, and ASTROTURF®, sports inventions have helped improve the speed, accuracy, and safety of athletes everywhere. Now, technological advances in robotics and artificial intelligence are fueling change in sports. And, perhaps even more exciting, these advances often have applications not only in sports, but in other industries as well. </p>
<p>Consider <a href="https://www.invent.org/inductees/stan-honey">Stan Honey</a>, who was inducted into the National Inventors Hall of Fame last year for his unique augmented-reality tools. He holds over 30 U.S. patents and is the creator of the navigation and tracking technology behind the Virtual Yellow 1st & Ten® line superimposed over the playing field on television and other graphics used across a wide variety of sports. <a href="https://rev-vbrick.uspto.gov/#/videos/1d7d5798-8892-4c2a-9fa7-01ab4c795e1c">Learn more about how Stan Honey came up with the idea of the first down line</a> or visit the interactive 1st and Ten® Line Stadium exhibit at the <a href="https://www.invent.org/museum">National Inventors Hall of Fame Museum</a> at the USPTO headquarters.</p>
<p>Across the country, the USPTO is holding a number of World IP Day events. Last week, I participated in several such events in California, including a discussion at the University of California San Diego on innovation and sports, featuring Bill Walton, retired basketball player, television sportscaster, and Basketball Hall of Fame inductee. Walton is currently the executive chairman of San Diego Sport Innovators (SDSI), a non-profit, business-accelerating, trade organization that connects and drives the growth of Southern California's vibrant sports economy.</p>
<p>At the USPTO earlier this week, Deputy Director Laura Peter <a href="https://rev-vbrick.uspto.gov/sharevideo/72ee83f6-4b2e-4172-a0f7-77fb1ea546b9">interviewed</a> entrepreneur and former professional football player Shawn Springs. After seeing first-hand the risks associated with head injuries and concussions in football, Springs thought the head protection used in car seats for children could have a much wider application. He founded the company Windpact, which uses his patented Crash Cloud® technology in helmets, with air-filled compartments that compress upon impact and then refill with air to regain their space. This technology has applications in football and other sports, as well as the automotive and military sectors. </p>
<p>And, on April 29, we will be holding our annual celebration of <a href="https://www.uspto.gov/about-us/events/world-intellectual-property-day-capitol-hill">World IP Day on Capitol Hill</a>, where we will be joined by members of Congress and sports companies. This year the keynote speaker is Dr. Phil Wagner, CEO of Sparta Science, whose force-plate technology helps predict injury risks for athletes. A strength coach and former rugby player, Dr. Wagner developed the Sparta System, which uses artificial intelligence technology to capture a personalized body scan. The scan can then identify areas prone to injury and prescribe personalized training programs to correct weaknesses. The Sparta System is already being deployed among college athletes and professionals and is also used by the military.</p>
<p>At the USPTO, we have the opportunity to celebrate creativity and innovation every day, and to see the cutting-edge technologies that inventors and entrepreneurs bring through our doors. These innovations will continue to play an even bigger role in the future, and they remind us of the inspiring power of invention and intellectual property, and their importance in driving our innovation economy.</p>
https://www.uspto.gov/blog/director/entry/uspto_employees_give_back_through
USPTO employees give back through the Combined Federal Campaign
USPTO
2019-04-16T06:58:32-04:00
2019-04-16T06:58:32-04:00
<p>By Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office Andrei Iancu</p>
<p><img border="0" hspace="0" src="https://www.uspto.gov/blogdata/img/CFC%20photo_682.jpg" align="baseline" /></p>
<p><em>From left: Deputy Director of the USPTO Laura Peter, USPTO CFC Campaign Manager LaShawn Fortune, and Director of the USPTO Andrei Iancu. Photo courtesy of Amando Carigo/USPTO.</em></p>
<p>Every year, federal government workers nationwide join in the Combined Federal Campaign (CFC) to donate funds and volunteer time to thousands of local, national, and global charities. The recently concluded 2018 campaign, which ran from September 10, 2018 to February 22, 2019, was no exception, and I want to publically commend the employees of the USPTO for continuing their proud tradition of giving.</p>
<p>The CFC is a 57-year federal tradition that has raised more than $8 billion for charitable organizations. It is one of the world's largest and most successful annual workplace charity campaigns, with 36 CFC zones throughout the country and overseas raising millions of dollars each year. In the 2018 campaign, the total amount raised was over $35 million and participants pledged more than 56,000 volunteer hours.</p>
<p>The USPTO was honored to be the lead agency for the entire Department of Commerce (DOC) during the campaign. Under the guidance of the USPTO CFC Campaign Manager LaShawn Fortune, Deputy Campaign Manager Alexa Neckel, and the Patent Trial and Appeal Board’s Troy Tyler, who served as campaign manager for the Department of Commerce, we raised more than $1.1 million, or roughly 45 percent of department’s total contribution. This is incredibly impressive!</p>
<p>I was proud to see that our agency, which is charged with protecting and promoting innovation, itself put innovation into practice for this campaign. The USPTO’s campaign combined special events, videos, custom graphics, employee testimonials, and regular agency-wide promotions on behalf of those in need. Via the USPTO Weekly, employees shared their personal CFC cause, from local food banks and after school programs to raising awareness of, and finding cures for cancer and HIV/AIDS.</p>
<p>This creative determination earned Campaign Manager Fortune as an individual and the USPTO as a whole CFC Innovation Awards, which go to “the department, agency or campaign manager that implemented new and creative practices that resulted in increased contributions, participation, or education about the CFC.”<br />During the CFC charity fair we held in December, employees had the chance to learn firsthand about the great charities involved in the campaign. In addition, we found that charities benefited from meeting each other. For example, at the fair, a charity that sent regular support shipments to Africa met a charity that made inexpensive but critical light sources for people in Africa that was having issues reducing shipping costs. Through some conversation, they decided to work together so that the light manufacturer could add his product to the other’s support shipments for little to no cost. </p>
<p>From the beginning, the USPTO’s campaign emphasized how there are people all across the nation and the world, who need just a little help. A small donation can fund tutoring and job training sessions, provide food and shelter, help wounded veterans, bring adoptive families together, and so much more. The CFC gives us a chance to pull together and help each other to reach new heights, and we look forward to doing so again in the 2019 campaign. </p>
<p>Thank you for your contributions and hard work.</p>
https://www.uspto.gov/blog/director/entry/spotlight_on_commerce_laura_peter
Spotlight on Commerce: Laura Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO
USPTO
2019-03-25T12:07:06-04:00
2019-03-25T12:07:06-04:00
<p><a href="https://www.commerce.gov/news/blog/2019/03/spotlight-commerce-laura-peter-deputy-under-secretary-commerce-intellectual">Blog about the USPTO from the Department of Commerce</a>.</p>
<p>Ed. note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce employees during Women’s History Month.</p>
<p>Guest blog post by Laura Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the U.S. Patent and Trademark Office (USPTO)</p>
<p><img border="0" hspace="0" alt="Deputy Director Laura Peter" src="https://www.uspto.gov/blogdata/img/laura_peter_portrait_682.jpg" align="baseline" /></p>
<p><em>Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the U.S. Patent and Trademark Office (Photo by Jay Premack/USPTO)</em></p>
<p>This past November, I was appointed Deputy Director of the U.S. Patent and Trademark Office (USPTO), and since then I have been actively supporting our agency priorities and working with our high-caliber employees. </p>
<p><img border="0" hspace="0" alt="Deputy Director Laura Peter swearing in" src="https://www.uspto.gov/blogdata/img/laura_peter_swearing_in_682.jpg" align="baseline" /></p>
<p><em>Deputy Director Laura Peter (right) is sworn in by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu on November 14, 2018. (Photo by Jay Premack/USPTO)</em> </p>
<p>I grew up in California and pursued math and science from a young age. My father was a vice president at Hughes Aircraft Company, and when I was a young girl they were launching the first geosynchronous satellites into orbit. So when I was about three years old, I decided I wanted to be an astronaut! I have since learned that I don't like heights very much, and so, being an astronaut was not in my future. I was also interested in puzzles and mathematics, and that naturally led into engineering. </p>
<p>I always had a very strong interest in technology and policy, so when I finished my engineering degree at Cornell University, I went on to the University of Chicago and received my master's in public policy studies. I was interested in how legislation and policies should be developed in light of changing technology, and eventually I became a full-time lawyer. After practicing in the private sector for many years, I came to the USPTO – returning full circle to actualize the dream that I dreamt so many years ago.</p>
<p>The level of diversity at the USPTO is amazing, and this agency has done a phenomenal job of encouraging people from all walks of life to join the USPTO community to pursue their careers. Coming from the world of intellectual property in Silicon Valley where I was often the only woman in the room, this is especially refreshing and something the private sector could learn from. </p>
<p><img border="0" hspace="0" src="https://www.uspto.gov/blogdata/img/laura_peter_meets_with_speco_682.jpg" align="baseline" /></p>
<p><em>Deputy Director Laura Peter meets with members of the Supervisory Patent Examiner and Classifiers Organization in her office. (Photo by Jay Premack/USPTO)</em></p>
<p>One issue that is tremendously important to the USPTO is increasing the number of women inventors and expanding the innovation ecosphere. According to <a href="https://www.uspto.gov/about-us/news-updates/us-patent-and-trademark-office-releases-new-report-trends-and-characteristics">a study</a> published last month by our Office of the Chief Economist, women inventors comprised only twelve percent of all inventors on patents in 2016. This needs to change! </p>
<p>In addition, there have been so many women inventors throughout history that we don’t talk about enough. For example, take National Inventors Hall of Fame inductee Harriet Strong, whose inventions in water storage in 1887 enabled the construction of the Hoover Dam, or Hedy Lamarr, who patented a frequency-hopping technique that paved the way for developments in modern wireless communications. Especially during Women’s History Month, but really all throughout the year, one of the most important things we can do is share stories of women inventors, past and present, who can serve as role models for all women and help inspire them to create and innovate.</p>
<p>Many people have pushed me to excel and take chances throughout my life -- from my math teacher in elementary school encouraging me to take an advanced math class, to my choir teacher insisting that I sing the solo. My mother always told me “When something doesn’t work out, try something else, and then try something else, and never give up.” And I truly believe in this.</p>
<p>The most important advice I would give to other women is: 1) be in the room and participate, and 2) do not give anyone an excuse to take you out of the running -- build your resume, get that advanced degree, and make yourself the strongest candidate you can be.</p>
https://www.uspto.gov/blog/director/entry/international_women_s_day_celebrating
International Women’s Day: Celebrating women in innovation
USPTO
2019-03-08T13:02:49-05:00
2019-03-11T05:42:40-04:00
<p><em>By Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office Andrei Iancu</em></p>
<p>The United States has a rich history of women whose ingenuity, creativity, and inventions have inspired us, motivated us, and dramatically improved our lives. The stories of these remarkable women speak to the world about the vital role they play when it comes to innovation, and how we must continue our work to unleash the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/economic-research/progress-potential">untapped potential of women</a>.</p>
<p>At the U.S. Patent and Trademark Office (USPTO), we regularly showcase the stories of inventors and entrepreneurs whose groundbreaking creations have made a positive difference in the world. Many of these stories have shared the amazing impact women have made across diverse fields.</p>
<p>For example, in December 2018, <a href="https://www.uspto.gov/dwcstories/arnold.html">Frances Arnold</a> became the first American woman to win the Nobel Prize in chemistry for her work in harnessing the power of evolution. Motivated by the desire to do chemistry in a clean and efficient way, her efforts led to the creation of a new field called “directed evolution.” In the 30 years since she first developed this technology, she has also mentored more than 200 students and been involved in multiple start-ups based on her work. </p>
<p><img border="0" hspace="0" alt="Frances Arnold receives the Nobel Prize" src="https://www.uspto.gov/blogdata/img/arnold-receives-nobel-682.jpg" align="baseline" /></p>
<p><em>Frances Arnold receives her Nobel Prize from H.M. King Carl XVI Gustaf of Sweden at the Stockholm Concert Hall. Photo courtesy of ©Nobel Media AB/Alexander Mahmoud.</em></p>
<p>Other extraordinary female inventors include <a href="https://www.uspto.gov/dwcstories/buhimschi-murray.html">Cherry Murray</a>, who developed lab-on-a-chip and telecommunications devices, and <a href="https://www.uspto.gov/dwcstories/buhimschi-murray.html">Irina Buhimschi</a>, who developed a life-saving diagnostic test for preeclampsia. The contributions by women such as Sarah Breedlove also stand out. Born in 1867, Breedlove invented a line of hair-care products specifically designed to meet the needs of African American women at the age of 20. She went on to become the first self-made female millionaire in the history of our country. </p>
<p><img border="0" hspace="0" alt="Inventor Sarah Breedlove" src="https://www.uspto.gov/blogdata/img/madam_cj_walker_face_circa_1914_682.jpg" align="baseline" /></p>
<p><em>Inventor Sarah Breedlove. Photo courtesy of National Portrait Gallery, Smithsonian Institution.</em></p>
<p>This May, the National Inventors Hall of Fame will induct another two women in partnership with the USPTO. <a href="https://www.invent.org/inductees/chieko-asakawa">Chieko Asakawa</a> invented the first practical voice browser, providing internet access for visually impaired users, while <a href="https://www.invent.org/inductees/rebecca-richards-kortum">Rebecca Richards-Kortum</a> developed low-cost, high-performance medical technologies for low-income communities.</p>
<p>Throughout the history of our country, women have helped spearhead astounding leaps in science and technology. The USPTO will continue to recognize and celebrate these women whose stories have inspired the next generation of inventors and entrepreneurs. </p>
https://www.uspto.gov/blog/director/entry/talking_ip_in_the_windy
Talking IP in the Windy City: The push for innovation and effective IP protection
USPTO
2019-02-06T09:58:54-05:00
2019-02-06T09:58:54-05:00
<p>Guest blog by Damian Porcari, Director of the Elijah J. McCoy Midwest Regional United States Patent and Trademark Office</p>
<p>Innovation and the effective protection of intellectual property (IP) rights are vital to the economic health of communities across our country. This is especially so in the Midwest where, as regional director of the USPTO’s Elijah J. McCoy Midwest Regional Office in Detroit, I see the output of American entrepreneurs and inventors, and work with them to protect their valuable IP.</p>
<p>As the USPTO’s newest regional director, I am making my way across the Midwest to engage with our key stakeholders, who include small business owners, independent inventors, entrepreneurs, and local officials, among others. In December, I met with various business groups and IP stakeholders when I joined several of the USPTO’s IP attachés as they conducted a series of outreach activities in the Chicago area. </p>
<p>The IP attachés — who are diplomats currently posted to 10 U.S. embassies and consulates throughout the world — work to improve IP systems internationally to benefit U.S. stakeholders. They do this by working with foreign officials to address a wide variety of IP-related issues that arise in their respective regions, and by offering assistance to U.S. companies who encounter problems protecting their IP rights.<br />Each year, the IP attachés travel home to the United States, as part of their ongoing effort both to learn about the concerns of inventors and businesses and to make them more aware of the international aspects of IP protection and the role of the IP attachés. In December, Chicago was one of their destinations, and I joined the attachés when they visited business incubator <a href="http://www.mhubchicago.com/">mHUB</a>. </p>
<p><img border="0" hspace="0" alt="USPTO IP attaches visit the United States in December 2018" src="https://www.uspto.gov/blogdata/img/USPTO-IP-attaches.jpg" align="baseline" /></p>
<p><em>The USPTO’s IP attachés during their visit to the United States in December 2018. Photo by Jay Premack/USPTO.</em></p>
<p>Located at a former Motorola Mobility prototyping center, mHUB opened its doors in 2017 with help from private industry and the city of Chicago. It brings together a unique co-working community of product designers, developers, entrepreneurs, engineers, and manufacturers.</p>
<p>According to mHUB’s lead for programming, Cynthia Macias, the facility works to foster connections: “At mHUB, we are focused on creating the conditions for product innovation to thrive. This includes reducing cost and barriers associated with entrepreneurship that prevent so many talented innovators from taking the leap. We foster connections between local manufacturers, university researchers, and the blooming entrepreneurial community of makers and innovators in the Midwest. This ecosystem ensures the Midwest region’s manufacturing industry continues to grow, lead, and reduce the cost and barriers to entry for physical product innovation.” </p>
<p>One of the highlights of our visit was a presentation the IP attachés gave on the basics of protecting and enforcing one’s creations and inventions abroad, and a follow-up discussion which I joined regarding various aspects of innovation. </p>
<p><img border="0" hspace="0" alt="Damian Porcari speaks to mUB" src="https://www.uspto.gov/blogdata/img/Damian-Porcari-speaks-MHub.jpg" align="baseline" /></p>
<p><em>Damian Porcari, Director of the USPTO’s Elijah J. McCoy Midwest Regional Office in Detroit, speaks at the Chicago incubator, mHUB, during a visit he and several of the USPTO’s IP attachés made to the facility on December 4, 2018.</em> </p>
<p>“The information our member companies gained from the IP attachés was extremely valuable and will help them understand the procedures to submit and process patents and trademarks in various regions around the world,” said Jenna Feldman, programs coordinator at mHUB. “Every participant has or will have a product that’ll be sold in at least one of the attachés’ markets, so they were able to seek answers most relevant to their business. In addition, the participants learned that the USPTO is more than just an entity, but a resource with a wide range of services to help entrepreneurs.” </p>
<p>It was gratifying to hear that during its relatively short time in existence mHUB has already helped a number of companies achieve success. These include such innovators as <a href="https://cast21.com/">Cast21</a>, a developer of unique bone-mending aids that can replace casts; <a href="https://www.orbitmuse.com/">OrbitMuse</a>, a platform for space entrepreneurship; and <a href="http://www.guardhat.com/index.html">Guardhat</a>, a smart hard-hat designed to protect workers in factories, plants, construction sites, oil rigs, and mines. </p>
<p>The importance of IP to small innovative firms such as these cannot be understated: There is a large body of research showing that startup firms with patents, for example, are likelier to continue receiving venture capital funding, experience greater growth in employment and investor returns, and have a higher rate of firm survival.</p>
<p>Our visit to mHUB underlined the critical role that the USPTO plays in supporting the efforts of these innovative startups, by helping them protect their valuable IP both here and abroad. Learn more about the <a href="http://www.uspto.gov/ipattache">USPTO’s IP Attaché Program</a>.</p>
https://www.uspto.gov/blog/director/entry/uspto_releases_2018_performance_and
USPTO releases 2018 Performance and Accountability Report
USPTO
2019-01-31T06:50:03-05:00
2019-02-04T05:20:42-05:00
<p>Guest Blog by Chief Financial Officer Tony Scardino</p>
<p>I’m pleased to announce that the USPTO has published its <a href="https://www.uspto.gov/sites/default/files/documents/USPTOFY18PAR.pdf">Performance and Accountability Report (PAR) for fiscal year (FY) 2018</a>. The PAR serves as the USPTO’s annual report, similar to what private sector companies prepare for their shareholders. Each year the USPTO publishes this report to update the public on our performance and financial health. </p>
<p>Our FY 2018 PAR charts the agency’s progress toward meeting goals outlined in our <a href="https://www.uspto.gov/sites/default/files/documents/USPTO_2014-2018_Strategic_Plan.pdf">2014-2018 Strategic Plan</a>: optimizing patent quality and timeliness; optimizing trademark quality and timeliness; and providing domestic and global leadership to improve intellectual property policy, protection, and enforcement worldwide. In addition, the PAR provides information on the USPTO’s progress towards a broader management goal: achieving organizational excellence. These goals drive the quality and quantity of our service to intellectual property stakeholders over the last five years.</p>
<p align="center"><img border="0" hspace="0" alt="Quote by President Abraham Lincoln on the patent system" src="https://www.uspto.gov/blogdata/img/20181001_commerce_021_682w.jpg" align="baseline" /></p>
<p align="left"><em>Quote by President Abraham Lincoln on the patent system, as displayed on the Herbert C. Hoover federal building in Washington D.C., headquarters of the U.S. Department of Commerce</em></p>
<p>While the PAR is a record of our achievements, it is also an honest discussion of the challenges we face as an agency moving forward under our new <a href="https://www.uspto.gov/sites/default/files/documents/USPTO_2018-2022_Strategic_Plan.pdf">2018-2022 Strategic Plan</a>, which was published in November. We will continue efforts to issue predictable and reliable patents; continue implementation of the patent dispute resolution portions of the America Invents Act (AIA), including ensuring that procedures and standards are balanced and predictable; monitor and help address dynamic IP issues in Congress and the Courts; maintain the high and sustained trademark performance level in the face of significant trademark application growth rates; improve the customer experience and develop outreach at both headquarters and regional offices; expand on dissemination of data; maintain sustainable funding; and ensure our IT systems enable our nationwide workforce to serve our customers with a “24/7/365” operational capability.</p>
<p>Here at the USPTO, we take pride in producing a PAR that meets the highest standards of transparency, quality, and accountability. The PAR contains a wealth of data and historical information of interest to our stakeholders, including data on patent and trademark examining activities, application filings, and agency staffing levels. This information is conveniently presented in the workload tables section at the end of the PAR.</p>
<p>On the issue of financial performance, FY 2018 marks the 26th consecutive year that the USPTO’s financial statements have received an unmodified audit opinion. Our clean audit opinion gives the public independent assurance that the information presented in the agency’s financial statements is fairly presented and follows generally accepted accounting principles. The auditors did note a deficiency in our internal controls related to managing and configuring IT system access. We have already begun developing plans to address the auditor’s concerns. Despite this deficiency, the auditor found no material weaknesses in the USPTO’s internal controls, and no instances of non-compliance with laws and regulations affecting the financial statements.</p>
<p>The PAR is a faithful snapshot of the USPTO’s FY 2018 performance. I hope you find value in this document, and that it allows you to glean greater insights into the agency’s activities and achievements.</p>
https://www.uspto.gov/blog/director/entry/a_tribute_to_veterans
A tribute to veterans
USPTO
2018-11-19T14:14:10-05:00
2019-01-15T10:28:25-05:00
<p align="left">Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Andrei Iancu</p>
<p>There are currently more than 20 million U.S. veterans, over 1.2 million men and women serving on active duty in our Armed Forces and another 800,000 in the reserves. Many millions more have served in uniform since the birth of our nation, in peacetime and war. Behind every one of them is a story – of struggle, perseverance, camaraderie, triumph, and sometimes even tragedy. </p>
<p>At the USPTO, we are committed to working with veterans who are transitioning or have recently transitioned from active duty. One way we do this is through our highly successful <a href="https://www.uspto.gov/jobs/veteran-hiring-program-0">Veteran Hiring Program</a>. In fiscal year 2018, 8% of new patent examiner hires and 17% of all other new hires were veterans or transitioning service members. Since the program began in 2012, we’ve hired approximately 800 veterans or transitioning service members. Once at the USPTO, we continue to provide a support network through the <a href="http://ptomilitaryassociation.org/">USPTO Military Association</a>, an affinity group comprised of veterans, spouses of veterans, and employees who support our veterans and those still serving in the reserves.</p>
<p align="left"><img style="HEIGHT: 455px; WIDTH: 682px" border="0" hspace="0" alt="Photos from the Veterans Keepsake Project" src="https://www.uspto.gov/blogdata/img/keepsakestile.jpg" /><br /><em><font size="2">Clockwise from top left: Keepsakes from USPTO employees Mary Capodice, Troy Tyler, Dean Dominique, and Cevilla Randle. Photos by Jay Premack/USPTO.</font></em></p>
<p>At the end of October, we unveiled our Veterans Keepsake Project, a photography exhibit highlighting stories and keepsakes of military service from USPTO employees and their loved ones. The intention of this effort was to take something so large and important like the millions of veterans who have served and are serving our nation, and find the individual stories within. The end results are personal and emotional accounts from USPTO employees that foster a reverence for service and sacrifice.</p>
<p>On November 8, Lieutenant General David Halverson, U.S. Army, Ret., gave remarks at the USPTO’s annual Veterans Day ceremony. Before the event began, we toured the exhibit, and in the process we met many of the subjects in the photographs. Lieutenant General Halverson remarked on the power of stories and shared one of his own.</p>
<p align="left"><img style="HEIGHT: 455px; WIDTH: 682px" border="0" hspace="0" alt="Lt.Gen. David Halverson speaks to a USPTO employee in front of the veteran keepsake gallery." src="https://www.uspto.gov/blogdata/img/LTGenHalverson.jpg" /><br /><em><font size="2">Lt. Gen. David Halverson speaks to USPTO employee Anthony Twitty about his keepsakes. Photo by Jay Premack/USPTO.</font></em></p>
<p align="left">After his parents had both passed, he read the letters his father had sent to his mother during World War II. “That was a whole different man than I had ever grown up with. He never talked about his experiences in the Pacific on the landing craft. He never talked about it being hit by a Kamakazi. He never talked about him with all of the beach heads he had to hit as a gunner as people went there for maybe the last time in their life - all scared, all not knowing - but he put that in words and thoughts of the commitment to the love of my mother, why he was fighting, and the hope that he had to come home.”</p>
<p>I encourage everyone to stop by and view the Veterans Keepsake Project through December 3, located on the concourse level of the Madison building on the east side of the auditorium at our headquarters in Alexandria. If you are unable to come in person, you can also view the photographs on the <a href="https://www.uspto.gov/about-us/events/veterans-keepsake-project">Veterans Keepsake Project</a> page of the USPTO website. Also featured at the USPTO is the Visionary Veterans® exhibit at the <a href="https://www.invent.org/">National Inventors Hall of Fame Museum</a>, which commemorates the 100th anniversary of the United States entering World War I, focusing on stories of five WWI veterans responsible for innovations that continue to benefit our world.</p>
<p>It is important to remember and tell the stories of those who serve and who have fallen. As Theodore Roosevelt said in 1910, “The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.”</p>
https://www.uspto.gov/blog/director/entry/passage_of_the_music_modernization
Passage of the Music Modernization Act
USPTO
2018-11-08T09:45:14-05:00
2018-11-08T09:45:14-05:00
<p><em><font color="#222222" face="times new roman,times,serif">Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Andrei Iancu</font></em></p>
<p><img border="0" hspace="0" alt="Top down photo of a record player on a grey background. " src="https://www.uspto.gov/blogdata/img/RecordPlayer_MMAblog.jpg" align="baseline" /><br /><em>The institutional knowledge of the USPTO spans beyond patents and trademarks and provides a resource to other government bodies on many aspects of intellectual property, such as music copyrights.</em> </p>
<p><br />As part of our work here at the U. S. Patent and Trademark Office (USPTO) we also provide deep expertise that can help advise other government bodies on all aspects of intellectual property. As significant legislation was passed by Congress over the past few weeks on a host of IP issues, we stood ready to help and offer further guidance.</p>
<p>First, on October 11, President Trump signed the <em>Orrin G. Hatch-Bob Goodlatte Music Modernization Act</em>. This bi-partisan bill passed both chambers of Congress unanimously. The new Act updates copyright law to reflect the realities of music licensing in the digital age and also seeks to adequately compensate legacy artists and music producers for the fruits of their labor.</p>
<p>The law combines three separate music copyright bills: the Music Modernization Act (MMA), the Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society (CLASSICS) Act, and the Allocation for Music Producers (AMP) Act. Title I, the Musical Works Modernization Act, creates a blanket license for the reproduction and distribution of musical works by digital music providers who engage in digital streaming, and creates a new entity to administer the license and distribute royalties. Title II, the CLASSICS Act, brings pre-1972 sound recordings into the federal copyright system. Before this legislation, performers like Smokey Robinson did not have to be compensated for performances of songs like “Shop Around” or “I Second that Emotion.” Finally, Title III, the AMP Act, helps to compensate music producers by codifying and improving an already existing process for royalty payments to be distributed.</p>
<p>I was pleased to attend and represent the USPTO at the signing ceremony for this legislation developed during multiple sessions of Congress. Throughout its development, USPTO staff was able to contribute to make this landmark law a reality – among other things, providing technical assistance to Congress, facilitating public forums at which music stakeholders discussed marketplace challenges, and producing reports for the Department of Commerce that identified online licensing problems to be addressed.</p>
<p>President Trump recently also signed legislation implementing the <em>Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled</em>. The Marrakesh Treaty aims to reduce the global shortage of print materials in accessible formats for the many millions of Americans and others throughout the world who are blind or visually impaired. This Treaty meaningfully increases the number of books available to this under-served population. In addition to its work on MMA, the USPTO helped in negotiating the treaty in 2013 and then assisting with the drafting of legislation to implement its terms.</p>
<p>Congratulations to the copyright community and all who have worked tirelessly for years on these significant accomplishments.</p>
https://www.uspto.gov/blog/director/entry/a_look_at_our_new
A look at our new homepage features
USPTO
2018-10-24T13:38:05-04:00
2018-10-26T08:44:40-04:00
<p><i>A guest blog by USPTO's Chief Communications Officer Chris Shipp</i></p>
<p>Our commitment to customer service includes having a user friendly and valuable website. To that end, you may have noticed the <a href="http://www.uspto.gov/" target="_blank" rel="noopener">USPTO.gov homepage</a> has a new look and improved features. For starters, if you are one of the 20 percent of users who visit USPTO.gov on a mobile device you should find the homepage easier to read and navigate.</p>
<p><img src="https://www.uspto.gov/blogdata/img/find-it-fast-demo.png" alt="A screenshot showing some features of the new USPTO Homepage such as the "find it fast" feature. " width="682" height="682" /></p>
<p>Of course, we didn’t stop at mobile compatibility. If you are an independent inventor, entrepreneur, or a junior attorney, our “New to IP” section is for you. It links to practical and important basic educational resources about the USPTO. For visitors who know exactly what they are looking for, we have expanded the “Quick Links” section and renamed it “Find it Fast.” This feature provides direct links to our most popular Patent and Trademark Tools. A “Find it Fast” button also appears at the top of every subpage.</p>
<p>To me, the most exciting feature of the new homepage is the “Journeys of Innovation” section. Each month we will highlight a new innovator story there. Currently, we are <a href="https://www.uspto.gov/dwc-stories/katsaros.html" target="_blank" rel="noopener">featuring Steve Katsaros</a>, an inventor who is changing lives in the developing world. “Journeys of Innovation” provides an inviting and inspiring starting point for the USPTO.gov site. More importantly, it illuminates remarkable stories of American innovation and entrepreneurship.</p>
<p><img src="https://www.uspto.gov/blogdata/img/katsaros-journey-innovation.jpg" alt="a screenshot of the "Journeys of Innovation" section of the new USPTO.gov homepage." width="682" height="341" /></p>
<p>You will also find a variety of tabs to guide you toward the latest USPTO news and upcoming public events. The lower section of the page highlights other ways to interact with us. Some examples include the <a href="https://www.uspto.gov/blog/">Director’s blog</a>, upcoming events, and educational multimedia. You can <a href="https://www.uspto.gov/subscribe" target="_blank" rel="noopener">subscribe</a> to much of the content offered in these sections so you never miss an important update or event.</p>
<p>We made these changes based on your feedback, with the needs of our many customers in mind. At the USPTO, we know that improvement is a continuous endeavor. So, I invite you to share your thoughts about the new homepage either below or directly to the <a rel="noopener" href="mailto:occofeedback@uspto.gov?subject=feedback%20about%20the%20uspto.gov%20homepage%20redesign">Office of the Chief Communications Officer</a>.</p>
https://www.uspto.gov/blog/director/entry/talking_tech_with_uspto_s
Talking tech with USPTO’s Acting Deputy Chief Information Officer Debbie Stephens
USPTO
2018-10-15T06:25:39-04:00
2018-10-16T06:22:04-04:00
<p><em>By Adrienne Cox, Marketing and Communications, Office of the Chief Information Officer</em></p>
<p><img style="MARGIN: 8px" border="0" hspace="0" alt="Photo portrait of USPTO's Deputy CIO Debbie Stephens" src="https://www.uspto.gov/blogdata/img/stephens.jpg" width="267" align="right" height="400" /></p>
<p>To be a technology executive these days is both challenging and exhilarating. More and more, chief information officers (CIOs) and chief technology officers(CTOs) are shaping the technology agenda, driving new IT investments, and fine-tuning teams. With vast amounts of data and new digital tools, CIOs and CTOs are helping guide transformational change in the digital age.</p>
<p>It is no secret that diversity is essential for innovation. While progress continues on this front, a gender gap remains in the tech industry. Through initiatives and partnerships like <a href="https://www.uspto.gov/learning-and-resources/allinstem" rel="noopener" target="_blank">All in Stem</a> and <a href="http://campinvention.org/#_ga=2.44579492.1650724487.1537892838-584294557.1537892838" rel="noopener" target="_blank">Camp Invention</a>, the USPTO encourages girls and young women to pursue STEM careers.</p>
<p>I caught up with the USPTO’s Acting Deputy CIO Debbie Stephens to talk about what inspires her and some new items on the IT agenda.</p>
<p><strong>[Adrienne Cox]</strong> Over the course of your career, what were some key elements to your success?</p>
<p><strong>[Debbie Stephens]</strong> I am a continual learner. I not only learn a great deal from my mentees (both those older and younger), but I know that when you lift others up, help them go further, and make them a part of something bigger than themselves, we all benefit.</p>
<p><strong>[AC]</strong> What are some projects underway at the USPTO that have you most excited?</p>
<p><strong>[DS]</strong> Artificial Intelligence (AI) will increasingly be a strategic asset for our enterprise and part of our innovation playbook. We kicked off an AI initiative with a <a href="https://www.fbo.gov/index?s=opportunity&mode=form&id=8d661556b876e94883b69093a2531b91&tab=core&_cview=0" rel="noopener" target="_blank">Request for Information (RFI)</a> seeking public input on how AI could help fuel efficiencies in patent search. AI is the primary focus, but we are also interested in seeing how other advanced technologies like quantum computing, machine learning, and natural language processing can help.</p>
<p>We also have a tremendous ecommerce effort underway. EFS-Web or Private PAIR users now have a <a href="https://www.uspto.gov/patent/authentication-changes-efs-web-and-pair?MURL=AuthenticationChange" rel="noopener" target="_blank">new, more secure, and simpler log-in</a> for their <a href="http://www.uspto.gov/" rel="noopener" target="_blank">USPTO.gov</a> accounts. A <a href="https://patentcenter-ssp.uspto.gov/ssp/" rel="noopener" target="_blank">migration tool</a> is now available to link accounts and give customers a new way to gain access to multiple USPTO systems with one sign-in process. The new log-in method, replacing the digital certificate, not only saves time, but also prepares users for the transition to our next generation tool for electronic patent application filing and retrieval, Patent Center, coming in 2020. </p>
<p><strong>[AC]</strong> The USPTO regularly has job openings for IT professionals. What are you looking for in potential candidates—what are the skills most in demand now for our teams?</p>
<p><strong>[DS]</strong> We need the core skills listed in any job opening, of course. But more than that, curiosity and tenacity are critical for us to innovate.</p>
<p><strong>[AC]</strong> What has been your favorite moment in your time at the USPTO?</p>
<p><strong>[DS]</strong> One of the most exciting moments for me was reaching the <a href="https://10millionpatents.uspto.gov/" rel="noopener" target="_blank">Patent 10 Million</a> milestone. All organizational silos disappeared as the Office of the Chief Information Officer, Procurement, Patents, Office of the Chief Communications Officer, Office of General Law, and Office of Patent Information Management—six different groups—collaborated in a never-before effort to ensure the success of this historic program for the USPTO.</p>
<p><strong>[AC]</strong> What are you passionate about—besides technology for business value?</p>
<p><strong>[DS]</strong> Leadership. I am a perennial student of leadership, and am currently reading Simon Sinek on the power of why. Next up is John Maxwell’s latest book on leadership, focused on how to unlock one’s potential as a leader.</p>
<p>Transformation in an organization needs ideas and energy from everyone. Leaders can set the agenda, but we don’t always have all the answers. So often, our colleagues are the source of insights, helping us see new dimensions in any issue. When you’re building systems as complicated as the ones we are, people need each other! </p>
https://www.uspto.gov/blog/director/entry/spotlight_on_commerce_nestor_ramirez
Spotlight on Commerce: Nestor Ramirez, Technology Center Director, USPTO
USPTO
2018-10-12T09:56:28-04:00
2018-11-02T10:51:21-04:00
<p><a href="https://www.commerce.gov/news/blog/2018/10/spotlight-commerce-nestor-ramirez-technical-center-director-us-patent-and">Blog about the USPTO from the Department of Commerce</a></p>
<p>Ed. note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce employees during Hispanic Heritage Month.</p>
<p>Guest blog post by Nestor Ramirez, Technology Center Director, U.S. Patent and Trademark Office (USPTO)</p>
<p align="center"><img border="0" hspace="0" alt="Nestor Ramirez" src="https://www.uspto.gov/blogdata/img/nramirez.jpg" align="baseline" /></p>
<p align="center">Technology Center Director Nestor Ramirez</p>
<p>The United States Patent and Trademark Office is one of those amazing places in government you may not be familiar with. The Patent Examining Corps, in particular, is filled with over 9,000 scientists, engineers and other professionals who labor every day to reward our nation’s drive for creativity and innovation and in turn contribute to the development of our economy. <br />I was born and raised in San Juan, Puerto Rico. At the urging of my parents, I decided to seek my college degree in the mainland U.S. where I obtained a B.S. in Electrical Engineering from Florida Tech. I certainly did not know much about the Patent Office until they came to visit my school campus about 29 years ago. I signed up for an interview and shortly afterwards, got an offer. Getting a job at the USPTO was, of course, the first opportunity this agency would give me but it would not be the last. At that point, I knew one thing, I was heading to Washington D.C. to begin my career at the USPTO!</p>
<p>I started working as a Junior Patent Examiner examining applications in photocopying machines. As an examiner, I saw the transition of an entire industry into the digital age. I saw them transition from basic analog machines into systems with digital capabilities. I saw the proliferation of image editing, color capabilities and the advent of ink jet and laser printers. Fellow examiners in other groups were seeing patent applications on digital cameras, cell phones, televisions and millions of other inventions that would eventually change the world we live in. Most great inventions start with a patent and working at the USPTO gave me the opportunity to see technological innovation up close.</p>
<p>Whether you examine patent applications or work on any other branch of government as federal workers in general, we have the opportunity to help the United States become a more prosperous nation. Every single day we have the opportunity to make a difference!</p>
<p>Throughout my career, I got the opportunity to serve as a managing partner in charge of overseeing the USPTO’s transition to a paperless environment. I got the opportunity to expand my education and mentor hundreds of examiners and see them grow into successful professionals. I got the opportunity to become the first Hispanic Senior Executive in the USPTO helping shape the future of this office. I also got the opportunity to join the ComSci Fellowship Program participating on a one year assignment to the Executive Office of the President where I was assigned to the Office of Science and Technology Policy of the White House and served as the Executive Director of the National Science and Technology Council. Growing up in Puerto Rico, I never ever thought that someday I would shake hands with a President of the United States.</p>
<p>Today, we celebrate our Hispanic culture and heritage and recognize the many contributions Hispanic Americans have made to our nation. We come from many different backgrounds; South American, Central American and the Caribbean, we have very diverse histories, and very strong ties to family and to our ancestral homelands. We are an integral part of the diverse fiber of this country. We have had a significant role in our nation’s history and will have an even greater role in shaping its future. We are embracing that responsibility. </p>
<p>As I reflect on my experience, I have enjoyed the benefits of opportunities and most importantly, I see the promise of opportunities for our future generations, opportunities for a great career, and opportunities to make a difference. The Department of Commerce and its bureaus and offices provide vital services to our nation and they are brimming with opportunities for future generations to enjoy a bright career and a prosperous future. Opportunities are out there and it is up to us to take advantage of them.</p>
https://www.uspto.gov/blog/director/entry/constitution_week_at_the_uspto
Constitution Week at the USPTO
USPTO
2018-09-21T08:05:52-04:00
2018-09-21T09:32:02-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Andrei Iancu</em></span /> </p>
<p> <img border="0" hspace="0" alt="The top half of a USPTO Patent which reads the words "To promote the progress of science and useful arts"" src="https://www.uspto.gov/blogdata/img/image_patcvr_20180921.jpg" align="baseline" /></p>
<p><em>The newly designed patent cover, unveiled in March of this year and used for the first time with the issuance of patent number 10 million, features a passage from Article 1 Section 8 Clause 8 of the Constitution, "To promote the progress of science and useful arts..." Photo by Jeff Isaacs/USPTO</em></p>
<p>On September 14, President Trump issued a <a href="https://www.whitehouse.gov/presidential-actions/presidential-proclamation-constitution-day-citizenship-day-constitution-week-2018/" rel="noopener" target="_blank">Proclamation on Constitution Day, Citizenship Day, and Constitution Week, 2018</a>. Our Founding Fathers recognized the important role intellectual property plays in promoting “the progress of science and useful arts…” and growing a vibrant economy. And so, at the USPTO we are proud to draw our mission and mandate from Article 1, Section 8, Clause 8 of the Constitution.</p>
<p>As our citizens recover from devastating floods and storm damage in the Carolinas and elsewhere, I am reminded how blessed we are that our nation is built on such a strong foundation as the U.S. Constitution. Among countless other benefits, it provides a legislative body that can approve storm relief funding and an executive branch that can provide resources to rescue those in dire need. And, I think of all the remarkable technology that warned us of this storm, kept many safe as it raged, and continues to save lives in its aftermath—technology that would not exist without the freedom to apply the innovative spirit of the American people to serious challenges and problems.</p>
<p>Which is why it is a wonderful thing for our nation to pause and consider the importance of the Constitution. It is even better that the work of this agency lets us consider that significance every day. Indeed, the USPTO is among the most suitable of places to celebrate it, every day, as we work through the process that provides inventors and entrepreneurs the IP protections promised by this historic, cornerstone document.</p>
<p>Of course, while at the USPTO we are a bit partial to Article 1, Section 8, Clause 8, we know the entirety of the U.S. Constitution is a remarkable document, as the USPTO Military Association reminded us when passing out pocket-sized copies of the Constitution on our Alexandria campus this week. I hope that wherever you are or whatever you are doing, you find a way to celebrate the amazing freedoms and protections provided by our Constitution.</p>
https://www.uspto.gov/blog/director/entry/a_conversation_with_kareem_abdul
A conversation with Kareem Abdul-Jabbar at the 2018 Trademark Expo
USPTO
2018-08-06T05:05:25-04:00
2018-08-06T06:05:45-04:00
<p><i>Guest blog by Linda Hosler, Deputy Program Manager for USPTO partnerships</i></p>
<p><img alt="Kareem Abdul-Jabbar sits across from interviewer smiling and gesturing with his hands. " src="https://www.uspto.gov/blogdata/img/tmexpo2.jpg" width="682" height="454" /></p>
<p><i>Kareem Abdul-Jabbar, NBA legend, businessman, and a registered trademark owner</i>,<i> shared his thoughts on African American inventors and the importance of intellectual property with the USPTO’s Linda Hosler on July 27. In his brief interview with the USPTO, Abdul-Jabbar said, “… science, technology, engineering and math really are the foundation for all of the good jobs where young people should focus,” which is part of the mission at his foundation, Skyhook. Photo by Jay Premack/USPTO.</i></p>
<p>On July 27 and 28, guests poured in to the Smithsonian’s National Museum of American History to participate in the 2018 National Trademark Exposition. This free biennial event supports the USPTO’s mission of educating the public about the vital role intellectual property protections<span style="font-size: 11pt; font-family: Calibri, sans-serif; color: rgb(31, 73, 125);">—</span>in this case trademarks<span style="font-size: 11pt; font-family: Calibri, sans-serif; color: rgb(31, 73, 125);">—</span> play in our increasingly competitive global marketplace. More than twenty exhibitors, including government entities, non-profits, small businesses, and corporations from all over the country provided thought-provoking interactive displays and educational workshops.</p>
<p>Keynoting at this year’s expo was NBA All-Star, author, and entrepreneur, Kareem Abdul-Jabbar. I had the opportunity to sit down with Abdul-Jabbar to find out what made him the industry giant he is today—not surprisingly, it is much more than his 7 foot 2 inch stature.</p>
<p><i>Note: The transcript below is edited for length and clarity.</i></p>
<p><b>[Linda Hosler]</b> Could you start by telling me a little bit about how you think we can spark innovation?</p>
<p><b>[Kareem Abdul-Jabbar] </b>I think the saying really holds true that necessity is the mother of invention. So people get it in their mind that they have a problem that needs to be solved, and they put a lot of thought into how to get something done easier, quicker, safer, and asking: “how do you improve a situation?”</p>
<p><b>[LH] </b>With that in mind—that necessity is the mother of invention—could you talk about a time in your life where you had to overcome a barrier?</p>
<p><b>[KAJ] </b>Oh yeah. Retiring really presented me with a whole set of situations. You can’t just sit around all day and think about how many points you scored against the Denver Nuggets. You’ve got to do something with your life.</p>
<p>Writing and history were two of my passions. So, I put pen to paper, and I wrote the history book that I felt needed to be written. It's called “Black Profiles in Courage.” And I just went from there. It was one step after the other. And that's how my writing career evolved.</p>
<p><b>[LH]</b> That's fantastic. Regarding one of your other books, “What Color is My World?: The Lost History of African-American Inventors”, why did you pick to talk about African-American inventors? Have you always been interested in science and technology?</p>
<p>[<b>KAJ] </b>I just started to write about the things that I felt needed some attention. So for me, the contributions that Black Americans have made to America that go unacknowledged and under-reported was my focus. So I ended up with this book.</p>
<p>It is really important for me to connect with kids who don't understand what their legacy is, and preparing them to be productive citizens. People are always shocked when they found out that a black person invented the ice cream scoop, or potato chips, or the filament that made electric lighting possible.</p>
<p><img alt="A book titled "What Color is my World?: The Lost History of African-American Inventors" authored by Kareem Abdul-Jabbar sits on a table next to the author's hands. " src="https://www.uspto.gov/blogdata/img/tmexpo1.jpg" width="682" height="456" /></p>
<p><i>Kareem Abdul-Jabbar's book, "What Color is my World?: The Lost History of African-American Inventors” highlights the contributions Black Americans have made to America in a relatable format for young people. Photo by Jay Premack/USPTO. </i></p>
<p><b>[LH]</b> I'm going to shift gears a little bit and ask about the role of intellectual property (IP) in your career. You have many trademarks, including one for your name. Could you talk a little bit about the role of IP in your career?</p>
<p><b>[KAJ] </b>Well, I think as an athlete nobody can challenge your unique identity. But when you step away from the game, it's really important that people understand who you are when you enter the marketplace. My name, image, and likeness are things that have enabled me to make a living. So, you know, you have to protect that.</p>
<p><b>[LH] </b>What advice do you have for other entrepreneurs and innovators?</p>
<p><b>[KAJ]</b> Geez, it's hard for me to advise anybody. I don't know their circumstances. But I think having a plan for what you want to do is always the first step. Things don't just fall out of the sky. You have to really understand who you are and where you want to go. So that whole process of self-examination, I think, is a good starting point for people who want to be entrepreneurs.</p>
<p> </p>
<p><img alt="Two children look on as three people sit on a stage for a discussion. " src="https://www.uspto.gov/blogdata/img/tmexpo3.jpg" width="682" height="456" /></p>
<p><i>Moderated by the Vice President of Global Divisional Communications for Hologic Jane Mazur, NBA all-star Kareem Abdul-Jabbar and his business manager Deborah Morales discussed how celebrities build and maintain their brands at the 2018 National Trademark Exposition. Photo by Jay Premack/USPTO.</i></p>
<p><b>[LH] </b>What about a young person who reads your book and is inspired by it? What advice would you give them?</p>
<p><b>[KAJ] F</b>ollow your dream. Understand what your passion is and try to follow that. A lot of young people think, “Oh, I can't do that.” That's usually where they come from, because they know very little about the world and their own potential. So you have to impress upon young people that they have tremendous potential, but it takes work to realize some benefits from it.</p>
<p><b>[LH] </b>I think we’re almost out of time. So, before we close, could you tell us a bit about your non-profit, the Skyhook Foundation?</p>
<p><b>[KAJ] </b>The mission is to get young people to understand where the good jobs will be in the 21st century. So science, technology, engineering and math really are the foundation. And the most important aspect of it is getting them to understand that they can do it. Too many kids see technology as something for other people from other parts of the world, and they don't realize that they can do it here in our country. We focus on the fourth and fifth graders and we try to help them to focus on success from an early age.</p>
<p>A special thank you to Kareem Abdul-Jabbar for sharing his insights. You can learn more about trademark protection on the <a href="https://www.uspto.gov/trademark">Trademarks page</a> of the USPTO website.</p>
<p> </p>
<p><b> </b></p>
https://www.uspto.gov/blog/director/entry/10_million_patents_a_celebration
10 million patents: A celebration of American innovation
USPTO
2018-06-14T08:09:51-04:00
2018-06-15T04:30:26-04:00
<p><em>By Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office</em></p>
<p><em><img alt="A photo of the newly redesigned patent cover, featuring the word "patent" inscribed in gold leaf lettering. " src="https://www.uspto.gov/blogdata/img/newpatdes.jpg" width="682" height="455" /></em></p>
<p><em>The USPTO will first issue this new patent cover, designed in-house, for patent number 10 million on June 19. Photo by Jeff Isaacs/USPTO</em></p>
<p>On June 19, the U.S. Patent and Trademark Office will issue <a href="https://10millionpatents.uspto.gov/" rel="noopener" target="_blank">patent number 10 million</a>—a remarkable achievement for the United States of America and our agency. More than just a number, this patent represents one of ten million steps on a continuum of human accomplishment launched when our Founding Fathers provided for intellectual property protection in Article 1, Section 8, Clause 8 of our Constitution.</p>
<p>Appropriately, patent number 10 million will be the first issued with a <a href="https://10millionpatents.uspto.gov/newpatentcover.html" rel="noopener" target="_blank">new patent cover</a> design, which we <a href="https://www.uspto.gov/about-us/news-updates/uspto-unveils-new-patent-cover-design-south-southwest-sxsw" rel="noopener" target="_blank">unveiled </a>in March at South by Southwest in Austin, Texas. It was created by a team of USPTO graphic designers including Rick Heddlesten, Teresa Verigan, and led by Jeff Isaacs. Like the numerical milestone, the new cover design celebrates both how far we have come and the new frontiers we have yet to explore.</p>
<p><img alt="Four people stand on a stage applauding the unveiling of the new patent cover at the south by southwest festival. " src="https://www.uspto.gov/blogdata/img/patunveil.jpg" width="682" height="455" /></p>
<p><em>Left to right: Robert Metcalfe, inventor of Ethernet and a National Inventors Hall of Fame inductee; Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO; Drew Hirshfeld, USPTO Commissioner for Patents; and Susann Keohane, IBM Master Inventor and Global Research Leader for the Aging Initiative, unveil the new design for U.S. patents at the South by Southwest (SXSW) Interactive Festival in Austin, Texas. Photo by Jay Premack/USPTO </em></p>
<p>Each patent blooms from the creativity, brilliance, and determination that an inventor or a team of inventors have invested in order to bring an idea to fruition. In fulfilling our Constitutional mandate “to promote the progress of science and useful arts,” our nation has become the world's leader in innovation. Our strong IP system has delivered 10 million patents’ worth of innovation representing trillions of dollars added to the global economy.</p>
<p>Patent examiners and the entire USPTO have played a vital role in every single one of these patents. So, in marking this historic occasion, we also honor and salute the public service delivered by all employees of the U.S. Patent and Trademark Office now, and those of its predecessor agencies throughout our history. The work of this remarkable agency has been and continues to be critically important.</p>
<p>The future—the next ten million patents and beyond—is even more exciting. We stand on the cusp of truly historic times for science and technology. The USPTO is committed to encouraging and supporting future generations of inventors and entrepreneurs in communities across the nation who will lead us to ever higher achievements and development.</p>
<p>At this time in our nation’s history, we are proud to celebrate American innovation, the men and women who stand behind it, and the American intellectual property system which has helped fuel it all.</p>
https://www.uspto.gov/blog/director/entry/from_seattle_to_shanghai_protecting
From Seattle to Shanghai: Protecting America's IP at home and abroad
USPTO
2018-06-08T06:49:02-04:00
2018-06-08T06:49:02-04:00
<p><em>By Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office</em></p>
<p><img alt="USPTO Director Andrei Iancu joins AIPLA Executive Director Lisa Jorgenson to talk IP and the U.S. patent system at AIPLA's 2018 Spring Meeting in Seattle, Washington." src="https://www.uspto.gov/blogdata/img/iancu-seattle.jpg" width="682" height="455" /></p>
<p><em>USPTO Director Andrei Iancu joins AIPLA Executive Director Lisa Jorgenson to talk IP and the U.S. patent system at AIPLA's 2018 Spring Meeting in Seattle, Washington.</em></p>
<p>I recently joined several of the USPTO’s intellectual property (IP) attachés and the regional director of the USPTO’s Silicon Valley office, John Cabeca, in Seattle. We were there to meet with IP stakeholders, visit several leading companies in the region, and attend a series of meetings, including the <a href="https://www.aipla.org/learningcenter/SM18/Pages/default.aspx" rel="noopener" target="_blank">American Intellectual Property Law Association</a>’s 2018 Spring Meeting.</p>
<p>Certainly a highlight of our time in Seattle was the opportunity to tour the facilities of several Washington-based companies that have an acute awareness of the growing importance of protecting and enforcing their IP, both at home and abroad.</p>
<p>One of them was <a href="http://www.seattlegenetics.com/" rel="noopener" target="_blank">Seattle Genetics</a>, a biotech company based in Bothell, Washington. Founded in 1997, the company has grown to be among the 25 largest U.S. biotech companies by market capitalization, with nearly a thousand employees. Currently, Seattle Genetics holds more than 80 patents.</p>
<p>During our meeting and subsequent lab tour, representatives of Seattle Genetics explained to us their goal of transforming cancer therapy with multiple, globally available products, and they detailed the company’s significant research into advancing its antibody drug conjugate technology, a proprietary process that links the specificity of monoclonal antibodies with potent cell-killing agents to treat cancer. Intellectual property is critically important to enabling companies like Seattle Genetics to develop life-saving and world-changing products.</p>
<p>The biotech industry is one of the most innovative and fastest growing sectors in the U.S. economy: according to a <a href="https://www.bio.org/sites/default/files/BIO%202016_Report_FINAL_DIGITAL.pdf" rel="noopener" target="_blank">2016 report</a> from the Biotechnology Innovation Organization, it accounted for more than 1.6 million employees across some 77,000 business establishments in 2014, offering significantly above-average wages.</p>
<p><img alt="Following a tour of Amazon HQ with USPTO Director Andrei Iancu, the IP Attachés met with Amazon's IP team to discuss concerns with counterfeiting and piracy around the world. " src="https://www.uspto.gov/blogdata/img/iancu-amazon.jpg" width="682" height="455" /></p>
<p><em>Following a tour of Amazon HQ with USPTO Director Andrei Iancu, the IP Attachés met with Amazon's IP team to discuss concerns with counterfeiting and piracy around the world. </em></p>
<p>The biotech industry faces some unique challenges in protecting its IP abroad. That is where the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual" rel="noopener" target="_blank">USPTO’s IP attachés</a>—who are U.S. diplomats posted in 12 locations throughout the world—are an invaluable resource. They help ensure that foreign laws, regulations, and IP enforcement regimes in their respective regions effectively protect the IP of U.S. biotech firms such as Seattle Genetics. They also work with foreign officials to improve patent and trademark practices, offer guidance to police and customs officials on enforcement mechanisms, as well as monitor the activities of international and regional organizations that might affect the IP interests of U.S. companies. USPTO’s IP attachés are a valued resource to U.S. companies and their representatives when they contemplate entering or expanding in these overseas markets.</p>
<p>My visit to Seattle Genetics further impressed upon me the importance of the USPTO’s IP attachés’ work on behalf of U.S. interests, particularly those of our most cutting-edge, jobs-producing industries. Our subsequent visits with several other Seattle-area companies—including Amazon and Nintendo of America—underlined how important a job we have, no matter the industry, in protecting U.S. IP overseas.</p>
<p>Learn more about the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual" rel="noopener" target="_blank">USPTO’s IP Attaché Program</a>.</p>
<p> </p>
https://www.uspto.gov/blog/director/entry/innovation_is_alive_and_well
Innovation is alive and well in 2018
USPTO
2018-05-14T04:27:55-04:00
2018-05-15T08:43:27-04:00
<p><em>By Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office</em></p>
<p> <img border="0" hspace="0" alt="2018 NIHF inductee Sumita Mitra speaks behind a podium at the 2018 induction ceremony. " src="https://www.uspto.gov/blogdata/img/NIHF_mitrainduction.jpg" align="baseline" /></p>
<p><em>2018 National Inventors Hall of Fame inductee for Nanocomposite Dental Materials, Sumita Mitra, accepts her award, and thanks the many people she says helped her along the way. Photo courtesy of NIHF. </em></p>
<p>Innovation is alive and well in 2018. How do I know? On May 3, I had the honor of helping induct <a href="https://www.uspto.gov/blog/director/entry/2018_national_inventors_hall_of" rel="noopener" target="_blank"><strong>15 of America’s greatest innovators</strong></a> into the 46th class of the National Inventors Hall of Fame (NIHF).</p>
<p>The historic National Building Museum in Washington, D.C., echoing with memories of America’s greatest thought and political leaders, was a fitting backdrop for the momentous event. The personal stories of these visionary men and women encouraged everyone present to keep dreaming of a better tomorrow.</p>
<p>By the end of the evening we had inducted 10 living inventors, named another five posthumously, and raised thousands of dollars for <a href="http://www.campinvention.org/" rel="noopener" target="_blank"><strong>Camp Invention</strong></a> – NIHF’s nonprofit elementary enrichment program that is building the next generation of inventors, innovators, and entrepreneurs like 8-year-old <a href="http://www.invent.org/inspire/mighty-minds-winner-2018/" rel="noopener" target="_blank"><strong>Mighty Minds contest winner Nikaya Baranwal</strong></a>. I’ve spoken before about the power of a childlike wonder for discovery and invention. Camp Invention spreads and nurtures that wonder in children today, especially in underserved communities, so that they can be the innovators of tomorrow.</p>
<p> <img border="0" hspace="0" alt="A woman stands on stage smiling with a young girl. " src="https://www.uspto.gov/blogdata/img/NIHF_liglerwithkid.jpg" align="baseline" /></p>
<p><em>2017 NIHF inductee Frances Ligler discusses the excitement of invention with 2018 Camp Invention Mighty Minds winner Nikaya Baranwal of Clifton Park, New York. </em><em>Photo courtesy of NIHF. </em></p>
<p>The induction ceremony on May 3 was part of a series of events honoring both the new and previous inductees, which kicked off with an illumination ceremony on May 2 at the <a href="https://www.uspto.gov/about-us/uspto-locations/alexandria-va/national-inventors-hall-fame-and-museum" rel="noopener" target="_blank"><strong>National Inventors Hall of Fame Museum</strong></a> on the USPTO campus in Alexandria, Virginia. If you haven’t been to the NIHF museum, I encourage you to make a visit part of your summer plans; I guarantee you’ll be inspired. </p>
<p> <img border="0" hspace="0" alt="Stan Honey inserts his name plaque into a hexagonal icon at the NIHF museum. " src="https://www.uspto.gov/blogdata/img/NIHF_honeyillumination.jpg" align="baseline" /></p>
<p><em>2018 NIHF inductee for Sports Broadcast Graphics Enhancements, Stan Honey, illuminates his name in the Gallery of Icons at the 2018 illumination ceremony at the NIHF museum in Alexandria, Virginia. </em><em>Photo by Jay Premack/USPTO. </em></p>
<p>During the illumination ceremony, each inductee places their name into a beautifully lit hexagonal icon. The shape of the icons is deliberate – a structure based on hexagons grows stronger with each new addition just as each of the inductees have added to the economic and social strength of our nation. And each one adds their light to the bright beacon of invention.</p>
<p> The 2018 inductees were not the only stars at the museum last week. In recognition of their important work, the patent examiners of record on NIHF inductee patents attended the ceremony. Each went home with a certificate of appreciation from the USPTO and NIHF, and an opportunity to meet the grateful inventors behind the hall of fame patent they examined. As I’ve said before, across our desks, and through our doors, comes the future. I cannot overstate how essential our patent examiners are to the innovation ecosystem.</p>
<p> <img border="0" hspace="0" alt="All present NIHF inductees sit or stand on stage for a group photo at the 2018 NIHF induction ceremony. " src="https://www.uspto.gov/blogdata/img/NIHF_onstage.jpg" align="baseline" /></p>
<p><em>All National Inventors Hall of Fame inductees present at the 2018 induction were recognized on stage with the newest class of inventors to share the prestigious title. </em><em>Photo courtesy of NIHF. </em></p>
<p>Collectively, this year’s inductees have used IP protection to create more than 16 startups, some of which have grown into leading American companies in fields from biotechnology to wireless communications. They have dramatically changed things from the way we watch sports and communicate to the way we eat food and care for the environment. Their vision has manifested into thousands of jobs and countless improvements to our very way of life. We are forever grateful for the contributions of all National Inventors Hall of Fame inductees, and I know I am not alone when I say we look forward to seeing what the future brings.</p>
<p><a href="http://www.invent.org/honor/inductees/" rel="noopener" target="_blank"><strong>Learn more and watch a video on the inspiring work of all the inductees</strong></a>.</p>
https://www.uspto.gov/blog/director/entry/uspto_celebrates_women_innovators_for
USPTO Celebrates Women Innovators for World IP Day
USPTO
2018-04-26T07:54:25-04:00
2018-04-26T07:54:25-04:00
<p>A blog about the USPTO from the <a href="https://www.commerce.gov/news/blog/2018/04/uspto-celebrates-women-innovators-world-ip-day" target="_blank">Department of Commerce</a> </p>
<p style="MARGIN: 0in 0in 8pt"> <em>By Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office</em></p>
<p><img border="0" hspace="0" alt="World Intellectual Property Day 2018, Powering Change, Women in Innovation and Creativity. " src="https://www.uspto.gov/blogdata/img/wipd3.jpg" align="baseline" /></p>
<p>Today, April 26, the U.S. Patent and Trademark Office (USPTO) celebrates World Intellectual Property (IP) day in Washington, D.C., as well as across the country in <a href="https://www.uspto.gov/about-us/uspto-locations/dallas-tx/world-ip-day-houston-0" target="_blank">Houston</a>, <a href="https://www.uspto.gov/about-us/uspto-locations/detroit-mi/powering-change-women-innovation-and-creativity" target="_blank">Chicago</a> and <a href="https://www.uspto.gov/about-us/uspto-locations/silicon-valley-ca/innovation-expo" target="_blank">Silicon Valley</a>. The World Intellectual Property Organization (WIPO) established World IP Day in 1999 to celebrate the important role of intellectual property, and the contributions made by creators and innovators around the globe. The theme of this year’s World IP Day is “Powering Change: Women in Innovation and Creativity.”</p>
<p>Consider, for example, <a href="http://www.invent.org/honor/inductees/inductee-detail/?IID=283" target="_blank">Mary Dixon Kies</a> the first woman to apply for and receive a U.S. patent in her own name. Her patent, issued May 5, 1809, was for a straw-weaving process that was widely used for over a decade. New England’s hat-making industry adopted her patented process, and First Lady Dolly Madison personally praised her invention and recognized the prosperity it helped bring to the region.</p>
<p>This afternoon we are holding a <a href="https://www.uspto.gov/about-us/events/world-ip-day-2018-capitol-hill" target="_blank">World IP Day program</a> on Capitol Hill featuring three of today’s remarkable female innovators. Dr. Cherry Murray of Harvard University, Dr. Irina Buhimschi of Nationwide Children’s Hospital in Columbus, Ohio, and Danya Sherman, Founder of KnoNap,LLC, will discuss their innovations, how women have inspired them, and how they wish to empower fellow and future women innovators. The event is free and open to the public</p>
<p><img border="0" hspace="0" alt="Dr. Francis Ligler speaks to an audience of USPTO employees. " src="https://www.uspto.gov/blogdata/img/wipd2.jpg" align="baseline" /></p>
<p><span style="FONT-SIZE: 11pt; FONT-FAMILY: "Calibri",sans-serif; COLOR: #1f497d"><font color="#000000"><font size="3" face="times new roman,times,serif"><em>National Inventors Hall of Fame Inductee, Dr. Frances Ligler, talks to USPTO employees about her career, current research, and the importance of women inventors and innovators.</em></font> </font></span></p>
<p>On <a href="https://www.uspto.gov/about-us/events/world-ip-day-2018-alexandria" target="_blank">April 24</a>, we celebrated World IP Day with hundreds of USPTO employees at our headquarters and around the country with a keynote speech from Dr. Frances Ligler from the University of North Carolina at Chapel Hill and North Carolina State University. She holds 32 U.S. patents (and counting) and has commercialized 11 of those inventions. Inducted into the <a href="http://www.invent.org/honor/inductees/inductee-detail/?IID=546" target="_blank">National Inventors Hall of Fame</a> in 2017, Dr. Ligler invented portable optical biosensors, which are used in food production, health clinics, pollutant cleanup sites and military applications, including detecting botulinum toxin and anthrax during Operation Desert Storm. During the event, Dr. Ligler discussed her career at the Naval Research Laboratory and her current research, as well as her insights about women as inventors and innovators.</p>
<p> I also invite you to watch this <a href="https://www.youtube.com/watch?v=ZnMYy_wHk1s" target="_blank">special video</a> featuring Dr. Ellen Ochoa – inventor, NASA astronaut, and Director of the Johnson Space Center – about the importance of women in innovation as well as her thoughts on mentorship and leadership.</p>
<p>From the 19<sup>th</sup> century economy of New England to the International Space Station orbiting the Earth, women continually shape the innovation landscape, playing a critical role in improving our way of life and enhancing our country’s economic prosperity. Their work reminds us that every day is IP Day, an opportunity to celebrate the creativity and innovation of people from all walks of life.</p>
https://www.uspto.gov/blog/director/entry/greetings_from_director_iancu
Greetings from Director Iancu
USPTO
2018-03-22T11:11:28-04:00
2018-03-23T03:53:17-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Andrei Iancu</em> </p>
<p>By the end of this week, I’ll have held the title Under Secretary of Commerce for Intellectual Property and Director of the USPTO for more than six weeks. In that short time, apart from learning to say my whole title in one breath, I’ve learned a great deal about the day-to-day activities of the USPTO. From greeting examiners who arrive for work in my first week, to speaking to a group of over 700 managers and attending the African American Leadership Breakfast, it has been thrilling to learn more about what USPTO employees do every day. </p>
<p><img border="0" hspace="0" alt="Director Iancu greets employees entering the building for work. " src="https://www.uspto.gov/blogdata/img/iancu-img2.jpg" align="baseline" /></p>
<p align="center"><em>Director Iancu (center) greets employees arriving to work at the USPTO Alexandria campus.</em></p>
<p>The work we do here at the USPTO every day is vital to our nation and its economy. Our vision is to fully realize our constitutional mandate to “promote the progress of science and useful arts” so that we may ensure that impact for future generations. It is no coincidence that innovation has thrived here for centuries, under the auspices of our Constitution that explicitly lays out protections for intellectual property.<br /></p>
<p>The public servants at the USPTO are at the crux of innovation, and our agency serves as a fulcrum on which our customers can leverage their creations towards further development and growth. Examiners work within a very challenging set of laws, against tight time and quality constraints, yet deliver results on a consistent basis. </p>
<p>We will continue working with inventors, innovators, and entrepreneurs to ensure that when they disclose their inventions, we properly scope and protect their best ideas by granting strong and predictable IP rights. We will also cement our IP system as balanced, efficient, and industry neutral. Whether we’re working with a small inventor with a big idea, or a big company with a small improvement, or everyone else who comes before us, each customer who comes through our doors can be assured that they will receive the highest quality service. </p>
<p><img border="0" hspace="0" alt="Director Iancu sits at the center of a large conference table , speaking with employees. " src="https://www.uspto.gov/blogdata/img/iancu-img1.jpg" align="baseline" /></p>
<p align="center"><em>Director Iancu (center) meets with USPTO leaders and employees.</em> </p>
<p>I think of inspiring inventors like Michael Schultz, the U.S. Paralympic competitor who built himself a better prosthetic, which led to a better life for himself and amputees around the world. Inventors like Michael, as well as the public, must have confidence in our system in order to spur increased innovation, productive competition, and job creation. </p>
<p>I look forward to talking with and listening to our many partners, customers, stakeholders, and employees to ensure the USPTO and the U.S. IP system continue to be at the forefront of our nation’s growth. <br /></p>
https://www.uspto.gov/blog/director/entry/spotlight_on_commerce_errica_miller
Spotlight on Commerce: Errica Miller, U.S. Patent and Trademark Office
USPTO
2018-03-19T07:14:31-04:00
2018-03-19T07:14:31-04:00
<address><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><a href="https://www.commerce.gov/news/blog/2018/03/2018-national-inventors-hall-fame-inductees-announced-innovators-and-creators-be">Blog about the USPTO from the Department of Commerce</a></span></address>
<p><font face="arial,helvetica,sans-serif">Ed. note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce employees during Women’s History Month.</font></p>
<p align="left"><font face="arial,helvetica,sans-serif"><img border="0" hspace="0" alt="Errica Miller, Senior advisor to the Deputy Commissioner of Patent Administration. " src="https://www.uspto.gov/blogdata/img/emiller.jpg" /></font></p>
<p><font face="arial,helvetica,sans-serif">As the Senior Advisor to the Deputy Commissioner of Patent Administration, I am responsible for tracking, analyzing, and providing advice and support on a full range of strategic, operational and policy initiatives and issues. Currently, I am on a special assignment as the Acting Director for the Office of Data Management, where I oversee the day to day operations of the patent publication process.</font> </p>
<p><font face="arial,helvetica,sans-serif">I grew up in Prince Georges County, Maryland and attended Suitland High School. While I am the first of three generations to receive a college degree in my family, I did not follow a traditional path to higher education. Initially, I was content with my role at the U.S. Patent and Trademark Office (USPTO). In the mid- 1990’s, there was a wave of young African-American examiners hired at the USPTO. Most were younger than me, but making double my salary. They challenged me to go to college and change my career track. Naturally, the prospect of a higher salary was intriguing, but I wasn’t sure if college was the right choice for me.</font></p>
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<p><font face="arial,helvetica,sans-serif">Eventually, I accepted the challenge, enrolled at Northern Virginia Community College (NOVA) and started taking a few classes offered at the USPTO. I attended part-time for many years while working full-time and was on track to complete my degree. However, the universe often has other plans, and I discovered I was pregnant. Instead of completely abandoning my educational path, I chose to continue my classes, taking breaks between courses when needed. </font></p>
<p><font face="arial,helvetica,sans-serif">My goal was to complete my degree before my first son started elementary school. Although that seemed a long way off, I was determined. I transferred to University of Maryland University College (UMUC). There, I faced some of my most difficult classes. Thankfully, the same people who challenged me to earn my degree were there to support, tutor, and mentor me. That was especially true of my USPTO colleagues. I eventually earned my Bachelor of Science in Human Resource Management from UMUC. Standing at graduation, with my family and friends cheering me on, I realized that through determination, hard work, sacrifice, and support, I could achieve the things that I want in life. So, I kept moving forward. I reenrolled in UMUC and earned my master’s degree in Business Information Systems and Services while pursuing and completing a master’s certificate in Project Management from George Washington University. </font></p>
<p><font face="arial,helvetica,sans-serif">One of my favorite quotes is “Challenges make you discover things about yourself that you never really knew” – Cicely Tyson. It reminds me that if I had never challenged myself, I probably would not be where I am today. </font></p>
<p><font face="arial,helvetica,sans-serif">To assist others in taking on new challenges, my colleagues and I established the Patent Technical Support Staff Learning Opportunities Program. To help create a positive environment where all employees can reach their full potential, this program provides opportunities for administrative and technical support staff at the USPTO to improve their knowledge of the organization while advancing personal and professional education. This team was instrumental in the development of some other programs offered at the USPTO such as the Mentoring Program, the Administrative Professionals Excellence (APEX) Program, and the Job Coach Program. </font></p>
<p><font face="arial,helvetica,sans-serif">Women’s History month gives me the opportunity to recognize those women whose love, friendship, support, and mentorship throughout the years have made me the person I am today. It is also a time to reflect on the accomplishments and contributions women have made to society as well as the future generations of women who will carry on that tradition. In particular, working at the USPTO has provided me the opportunity to observe how women make a difference in the areas of science and technology. </font></p>
<p><font face="arial,helvetica,sans-serif">If I had one piece of advice for others, it would be to remove the word “can’t” from your vocabulary. It limits and hinders your personal and professional growth. Seek out and take advantage of opportunities when they arise, no matter how small. This will enable you to engage and build relationships with new and different people while enhancing self-confidence, skills, and experiences. </font></p>
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https://www.uspto.gov/blog/director/entry/2018_national_inventors_hall_of
2018 National Inventors Hall of Fame Inductees announced
USPTO
2018-03-04T23:10:41-05:00
2018-03-14T07:17:27-04:00
<p style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font size="3"><strong><a href="https://www.commerce.gov/news/blog/2018/03/2018-national-inventors-hall-fame-inductees-announced-innovators-and-creators-be">Blog about the USPTO from the Department of Commerce</a></strong></font></span></p>
<p style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font size="3">Earlier this year, the National Inventors Hall of Fame, in partnership with the U.S. Patent and Trademark Office (USPTO), announced the <a href="http://www.invent.org/honor/inductees/">2018 class of inductees</a>. </font></span></p>
<p style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font size="3">These visionary innovators each patented inventions that revolutionized their industries and changed people’s lives. Of the fifteen new inductees, five will be honored posthumously. </font></span></p>
<p style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font size="3">The National Inventors Hall of Fame was established in 1973 by the USPTO and honors monumental individuals who have contributed great technological and scientific achievements and helped stimulate growth for our nation and beyond. The criteria for induction into the National Inventors Hall of Fame requires candidates to hold a U.S. patent that has contributed significantly to the nation's welfare and the advancement of science and the useful arts. The inductees are honored at the <a href="https://www.uspto.gov/about-us/uspto-locations/alexandria-va/national-inventors-hall-fame-and-museum">National Inventors Hall of Fame museum</a> located in the Madison Building on the USPTO campus in Alexandria, Virginia.<br /></font></span></p>
<p style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><img border="0" hspace="0" alt="Men and women in black tie attire being honored on-stage under." src="https://www.uspto.gov/blogdata/img/nihf.jpg" align="baseline" /></span></p>
<p style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman">This year’s class of inductees includes:</font></span></p>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman">National Medal of Science winner <strong>Marvin Caruthers</strong> who developed the chemical synthesis of DNA;</font></span></div>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman">Emmy winner <strong>Stan Honey</strong> for his work in sports television graphics, including football’s Virtual Yellow 1st&10® line;</font></span></div>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman"><strong>Sumita Mitra</strong> for invention of the first nanoparticle dental filling material;</font></span></div>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman">Marconi Prize winner <strong>Arogyaswami Paulraj</strong>, who invented MIMO wireless technology, a foundation for WiFi and 4G mobile networks;</font></span></div>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman">NASA scientist <strong>Jacqueline W. Quinn</strong>, for developing an environmentally safe water decontamination technology, emulsified zero-valent iron (EZVI); </font></span></div>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman"><strong>Ronald Rivest</strong>, <strong>Adi Shamir</strong>, and <strong>Leonard Adleman</strong> for their invention of RSA Cryptography, used in almost all internet-based transactions; </font></span></div>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman"><strong>Ching Wan Tang</strong> and <strong>Steven A. Van Slyke</strong>, who invented organic light emitting diodes (OLEDs) now used in computers, cell phones, and televisions; </font></span></div>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman"><strong>Warren S. Johnson</strong>, pioneer of temperature regulation technologies and co-founder of Johnson Controls; </font></span></div>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman"><strong>Howard S. Jones, Jr.</strong>, who developed antennas that conformed to shape of the object they were on, a breakthrough for rockets, missiles, and spacecraft; </font></span></div>
</li>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman"><strong>Mary Engle Pennington</strong>, a pioneer in safe preservation and storage of perishable foods; </font></span></div>
</li>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman"><strong>Joseph C. Shivers, Jr.</strong>, who invented Lycra® fiber or spandex; </font></span></div>
</li>
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<div style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman"><strong>Paul Terasaki</strong>, for invention of tissue-typing for organ transplants and the Terasaki Tray. </font></span></div>
</li>
</ul>
<p style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman"></font></span></p>
<p style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman">Be inspired by watching this short <a href="https://www.youtube.com/watch?v=A2Sq-4YXZiw">National Inventors Hall of Fame video</a> on the 2018 inductees. </font></span></p>
<p style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman">NIHF will honor both the new and previous inductees in a <a href="http://www.invent.org/honor/inductees/induction-ceremony/">two-day celebration in May</a>. It will kick off with an illumination ceremony at the museum at USPTO headquarters in Alexandria, Virginia on May 2, followed by the National Inventors Hall of Fame Induction Ceremony on May 3 at the National Building Museum in Washington, D.C. The National Inventors Hall of Fame Induction Ceremony will be emceed by CBS News correspondent and television personality Mo Rocca.</font></span></p>
<p style="BACKGROUND: white"><span style="FONT-SIZE: 10.5pt; FONT-FAMILY: "Arial",sans-serif; COLOR: #333333"><font color="#000000" size="3" face="Times New Roman"><a href="https://www.commerce.gov/sites/commerce.gov/files/us_department_of_commerce_2018-2022_strategic_plan.pdf#page=9">Strengthening intellectual property (IP) protection</a> is one of the strategic objectives of the <a href="https://www.commerce.gov/sites/commerce.gov/files/us_department_of_commerce_2018-2022_strategic_plan.pdf">Department of Commerce’s 2018–2022 Strategic Plan</a>. A strong, high-quality and balanced patent system ensures that innovators and creators can be rewarded for their inventions – helping create jobs and grow the economy. <br /></font></span></p>
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https://www.uspto.gov/blog/director/entry/spotlight_on_commerce_bismarck_myrick
Spotlight on Commerce: Bismarck Myrick, U.S. Patent and Trademark Office
USPTO
2018-02-06T10:24:09-05:00
2018-02-06T11:42:48-05:00
<p><a href="https://www.commerce.gov/news/blog/2018/02/spotlight-commerce-bismarck-myrick-us-patent-and-trademark-office">Blog about the USPTO from the Department of Commerce</a></p>
<p><em>Ed. note: This post is part of the Spotlight on Commerce series highlighting the contributions of Department of Commerce employees during Black History Month.</em></p>
<p>As the Director of the Office of Equal Employment Opportunity and Diversity (OEEOD) at the U.S. Patent and Trademark Office, I provide strategic direction and guidance in carrying out the Agency’s equal employment opportunity and civil rights initiatives. </p>
<p>In June, I will celebrate a decade as the Director of OEEOD. Among my most proud accomplishments is the organizational transformation of a small Civil Rights office nestled within the agency’s administrative directorate, to a new Office of Equal Employment Opportunity and Diversity. Through this organizational transformation, I became the principal advisor to the Under Secretary and Director of the USPTO on equal employment opportunity, reasonable accommodation, civil rights compliance, and diversity strategies. </p>
<p>Prior to becoming the Director of OEEOD, I was the Supervisory Attorney Advisor and Assistant Director of the USPTO’s Office of Civil Rights from July 2003 until June 2008. Before joining the USPTO in 2003, I served as a civil rights attorney at the Equal Employment Opportunity Commission’s (EEOC) Office of Federal Operations, where I drafted hundreds of federal sector appellate decisions adjudicating the merits of complaints of employment discrimination, and provided training throughout the federal sector on civil rights law. Previous to my federal service, I was a trial attorney for the City of Baltimore, Maryland.</p>
<p> <img border="0" hspace="0" alt="Bismarck Myrick meets with employees." src="https://www.uspto.gov/blogdata/img/20180117_myrick_001.jpg" align="baseline" /></p>
<p><em>Bismarck Myrick (center) meets with staff at the U.S. Patent and Trademark Office's Alexandria campus.</em></p>
<p>I earned a Bachelor’s Degree in Communication Studies from Florida State University in 1993 and a Juris Doctorate Degree from the University of Missouri in 1996. I am a member of the bars of the District of Columbia and the State of Maryland. In 2008, I completed Harvard University’s Kennedy School of Government Senior Executive Fellow program. I entered the Senior Executive Service in 2012.</p>
<p>I am a second-generation federal executive. My father’s job in the United States Army and the Foreign Service required us taking up residence in Addis Ababa, Ethiopia, Monrovia, Liberia, Fayetteville, North Carolina, and Alexandria, Virginia, to name a few places. I admire my father’s professional accomplishments rising out of poverty in Portsmouth, Virginia, to achieve two consecutive, Senate-confirmed, ambassadorial appointments to the Kingdom of Lesotho and the Republic of Liberia. Despite all of this moving around, I consider my mother’s hometown, Columbus, Georgia, home. Growing up, she was the most influential person in my life. She always expects more than what can immediately be seen. I believe that to be one of the most important characteristics of effective leaders.</p>
<p>I struggle with providing career advice because I think of my career as being unconventional. Here are two pieces of advice for young professionals. First, work hard trying to leave more than you take; this is the only way to pay back the sacrifices which led you to a place of remarkable opportunity. Second, appreciate the counterintuitive fact that the greater your reputation for selfless service, the more likely you are to receive promotion and recognition. <br /></p>
https://www.uspto.gov/blog/director/entry/successful_track_record_of_patents1
Successful Track Record of Patents Customer Partnership Meetings
$entry.creator.screenName
2018-01-12T11:36:52-05:00
2018-01-12T11:36:52-05:00
<p><em>Guest blog by Commissioner for Patents Drew Hirshfeld and Deputy Commissioner for Patent Operations Andy Faile</em></p>
<p>In 2017, the USPTO’s Technology Centers held ten Patents Customer Partnership Meetings, and based on their success, we plan to increase the number of meetings this year. Started several years ago, these meetings provide a valuable opportunity for our customers to meet directly with Technology Center Group Directors, Supervisory Patent Examiners, and other agency representatives in a collaborative forum. The meetings focus on various technical areas such as manufacturing, biotechnology, cybersecurity, business methods, computer, and other electrical technologies. The events are free, open to the public, and are often webcast to include viewing sessions across the country.</p>
<p>Customer Partnership Meetings enable the patent community to share ideas, experiences, and insights as well as to discuss examination policies and procedures, mutual concerns, and solutions to common problems. These discussions help provide a solid foundation to facilitate resolution of any future prosecution related issues. Because these meetings are hosted by the Technology Centers, technology specifics can also be readily discussed as well as changes to the legal landscape that may impact some areas of filings more significantly than others. The meetings also allow the USPTO to share plans on any operational efforts and upcoming changes. </p>
<p><img border="0" hspace="0" alt="Technology Center 3600/3700 Customer Partnership Meeting" src="https://www.uspto.gov/blogdata/img/patents-blog.jpg" align="baseline" /></p>
<p align="left"><em>Technology Center 3600/3700 Customer Partnership Meeting</em></p>
<p>All of the events have received enormous positive feedback, including:</p>
<p>July 2017, Technology Center 2600 Customer Partnership Meeting – Attendees stated “In my experience, I feel that the quality of examination and the level of cooperation that I now receive from the PTO examiners (particularly over the last 2-5 years) is better than it has ever been” and “I’ve been in this business for 25 years, and I found the day to be extremely worthwhile.” Other attendees expressed that discussions held at these customer partnership meetings will help them in preparing responses to examiner office actions that will advance prosecution in a more productive manner. </p>
<p>September 2017, Business Methods Partnership Meeting – This was a great opportunity to bring stakeholders together to share ideas, experiences, and insights and provided a forum for an informal discussion of many topics specific to the Business Methods area. Attendees stated “This is a helpful, productive partnership meeting... A balance of USPTO updates, new initiatives, and panel discussions between USPTO and outside practitioners is great.”</p>
<p>October 2017, Partnering in Patents – One of the discussion topics was Alice in the Electrical Arts. Several of the attendees indicated that the discussion with those who are reviewing cases on a regular basis, specifically for statutory subject matter, really provided an insightful perspective in their approach to making decisions on abstract ideas, as well as what qualifies as significantly more. </p>
<p>The next event is a <a href="https://www.uspto.gov/about-us/events/technology-center-2600-customer-partnership-meeting-0">Technology Center 2600 (Communications Technology) Customer Partnership Meeting on January 17</a>. We have also launched a <a href="https://www.uspto.gov/patent/cpm">page on the USPTO website to host all information related to Patents Customer Partnership Meetings</a>. On the webpage, users can browse past and upcoming Patents Customer Partnership Meetings, and also sign up for Patent Alerts, which provide useful notifications about upcoming events, meetings, and updates.<br /></p>
https://www.uspto.gov/blog/director/entry/trademark_trial_and_appeal_board
Trademark Trial and Appeal Board Celebrates 60 Years
USPTO
2018-01-05T05:06:22-05:00
2018-01-05T05:06:22-05:00
<p>Guest blog by Chief Administrative Trademark Judge Gerard Rogers and Administrative Trademark Judge Susan Hightower</p>
<p>Employees of the Trademark Trial and Appeal Board (TTAB) like to say: “We have our trials, but our work is appealing.” So what does that mean, exactly? The Board’s 60th birthday in 2018 offers the perfect opportunity to take a closer look.</p>
<p>The TTAB is an administrative tribunal within the U.S. Patent and Trademark Office (USPTO) and seeks to spur job creation by the timely adjudication of trademark disputes. The Board’s trial proceedings are similar in many ways to a federal district court, except that we don’t hear testimony from live witnesses. Instead, our proceedings are conducted outside the Board and in writing; and we make decisions based on written administrative records, although parties can opt for an oral hearing in their cases, after the presentation of evidence is complete.</p>
<p>Today, most cases commenced at the TTAB – around 70% – are trial cases, but most cases decided on the merits – around 75% – are <em>ex parte</em> appeals by applicants whose applications to register trademarks have been refused by a Trademark Examining Attorney. The trial part of the Board’s work involves deciding trademark registration disputes between two or more parties, known as <em>inter partes</em> proceedings. Most of these <em>inter partes</em> proceedings before the TTAB are oppositions, where a plaintiff attempts to prevent registration of a pending trademark. Cancellations are cases in which the plaintiff is trying to cancel an existing registration. Approximately 50 paralegals, attorneys and administrative trademark judges work on these cases. Our decisions in both <em>ex parte</em> appeals and <em>inter partes</em> proceedings can be reviewed by either a U.S. district court or the U.S. Court of Appeals for the Federal Circuit.</p>
<p>Things were very different 60 years ago. When the Trademark Act (15 U.S.C. §§ 1051-1141) – also commonly known as the Lanham Act – was enacted in 1946, <em>ex parte</em> appeals were heard directly by the Commissioner of Patents, while <em>inter partes</em> cases were decided by an Examiner of Trademark Interferences, with the right to appeal to the Commissioner of Patents. (Both types of cases could be delegated to an Assistant Commissioner of Patents.) Due to the volume of these cases, in a 1955 article in the <em>Journal of the Patent Society</em>, Assistant Patent Commissioner Daphne Leeds, who was the first woman Assistant Commissioner and an active member of the American Bar Association committee that assisted in drafting the Trademark Act, suggested creating an administrative board to handle the workload.</p>
<p>Leeds’ idea came to fruition on August 8, 1958, when President Eisenhower signed an amendment to Trademark Act Section 17, 15 U.S.C. § 1067. The amendment created the Trademark Trial and Appeal Board “to determine and decide the respective rights of registration” and provided for the appointment of Board members to hear and issue, by a three-member panel, final decisions in <em>inter partes</em> cases and <em>ex parte</em> appeals. Four members were appointed, and the Board consisted of those original four members through 1974. The Board still decides the merits of its cases by panels of three judges, now called administrative trademark judges – ATJs for short – appointed by the Secretary of Commerce. Board paralegals and attorneys handle motions and “interlocutory” filings to keep cases moving through the appeal and trial processes, so that they are ready for submission “on brief” or after oral argument.</p>
<p>The Board’s leader was known as the “Chairman of the Board” until 1993 and today has the title “Chief Administrative Trademark Judge.” Past and present Chairmen of the Board/Chief Administrative Trademark Judges include Saul Lefkowitz (1975-81), Dan Skoler (1982-84), David Sams (1984-2009), and Gerard F. Rogers (Acting Chief Judge 2009-10; Chief Judge 2010-present). The first Deputy Chief Judge, Susan Richey (2014-2017), was appointed in 2014. </p>
<p>Throughout the years, the TTAB has presided over a variety of cases presenting issues of “first impression” or which garnered significant public attention. While most cases involve word marks or designs such as logos, the Board has also had to rule on the registrability of scent marks, sound marks, color marks and the shape or “configuration of” products or product packaging.</p>
<p>TTAB decisions rarely are discussed in cases reaching the U.S. Supreme Court, but in 2015, in the case of B&B Hardware, Inc. v. Hargis Industries, Inc., 135 S. Ct. 1293, that court held that Board decisions “can be weighty enough to ground issue preclusion” when the parties that were involved in a Board case later are involved in a case in a U.S. district court. In other words, the Board decision may, in appropriate circumstances, bind the district court and bar the parties from relitigating the issue in that subsequent court proceeding.</p>
<p>Most recently, the U.S. Supreme Court issued a ruling in <em>Matal v. Tam</em>, 137 S. Ct. 1744 (2017), in which musician Simon Shiao Tam applied to register the mark “The Slants” for his dance-rock band. Tam’s application was denied as disparaging to people of Asian descent under a provision of the Trademark Act that prohibits registration of any mark that “may disparage persons, institutions, beliefs, or national symbols,” a decision which the TTAB affirmed. The U.S. Court of Appeals for the Federal Circuit, in an en banc decision, vacated the TTAB’s decision on constitutional grounds and the case wound up before the Supreme Court. The Supreme Court ultimately agreed with Tam that the disparagement clause of the Trademark Act violated the Free Speech Clause of the First Amendment.</p>
<p>Twice within the last decade, the Board also decided challenges brought by Native Americans seeking to cancel as disparaging the “Redskins” trademark owned by the Washington Redskins professional football team. Though both decisions were appealed to district courts, neither reached the Supreme Court. The more recent of these two cases was rendered moot by the Supreme Court’s decision in <em>Matal v. Tam</em>.</p>
<p>Examples of some other recent high-profile cases include refusals to register marks for marijuana products (illegal under federal law); disputes over who owns registrations after musical groups break up; and attempts to register someone’s name as a trademark without their permission (“Obama Bahama Pajamas,” for one).</p>
<p>In the years to come, the Board will continue to hear and decide trials and appeals of cutting-edge trademark issues reflecting the rapid changes in U.S. commerce and society, and the products and services that we all use. We look forward to the challenge.</p>
<p>For more information, please visit the <a href="https://www.uspto.gov/ttab">TTAB page of the USPTO website</a>. </p>
https://www.uspto.gov/blog/director/entry/ip_attach%C3%A9s_providing_resources_to
IP Attachés - Providing Resources to Texas Businesses
USPTO
2017-12-29T05:50:46-05:00
2017-12-29T06:34:02-05:00
<p>Guest blog by Director of the Texas Regional United States Patent and Trademark Office Hope Shimabuku</p>
<p>During the week of December 4, I was fortunate to have the opportunity to travel through the Dallas area with several of the USPTO’s intellectual property (IP) attachés, who came here from their international posts in Brazil, China, Kuwait, Mexico, and Thailand to conduct outreach visits to local businesses and stakeholders. These included the Dallas Bar Association and several local Dallas businesses with an interest in learning about our efforts to protect and enforce IP rights abroad through the USPTO’s <a href="https://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual">IP Attaché Program</a>. Outreach activities such as this are conducted by the attachés several times a year. The last one was in Southern California <a href="https://www.uspto.gov/blog/director/entry/travelling_with_a_group_of">this past October</a>.</p>
<p>A highlight of the week came on December 5, when the attachés gave a half-day presentation on the IP Attaché Program to members of the Dallas Bar Association’s Intellectual Property Section at the association’s headquarters, the Belo Mansion. During the course of the program, the attendees—many of whom were unfamiliar with the IP Attaché Program—heard from the visiting attachés about how their expertise has helped U.S. businesses already operating in, or considering entering, foreign markets to better navigate IP issues. They also heard some real-life examples from the attachés’ case files.</p>
<p align="center"><img border="0" hspace="0" alt="IP attaches at the Dallas Bar Association" src="https://www.uspto.gov/blogdata/img/20171205_dallas_001_682.jpg" align="baseline" /></p>
<p style="TEXT-ALIGN: center" align="left"><i><font face="Calibri">IP attachés at the Dallas Bar Association’s headquarters</font> </i> </p>
<p align="left">For example, the IP attaché in Shanghai, Mike Mangelson, recounted how he provided information to a U.S. shoe manufacturer that helped it to enforce its IP rights against local counterfeiters. The situation was successfully resolved when a raid conducted by Chinese authorities resulted in the seizure of more than 1,000 pairs of counterfeit shoes. Another example came from the USPTO’s IP attaché in Kuwait City, Pete Mehravari, who related how introductions made to a senior Kuwaiti Customs official and Kuwait’s Criminal Investigations Department on behalf of a U.S. entertainment company led to the successful resolution of an important trademark enforcement issue.</p>
<p align="left">“Such real-life examples,” notes Dominic Keating, the IP Attaché Program’s director, “demonstrate how the USPTO’s IP attachés are helping U.S. companies improve their understanding—and avoid the pitfalls—of foreign laws, regulations, and court systems and thereby better protect and enforce their IP rights overseas.”</p>
<p align="left">The IP attachés also provided some valuable best practices for IP protection and enforcement in their respective regions. These included filing trademark applications early in China to avoid trademark squatters in this first-to-file jurisdiction. Other recommendations included considering the creation of a multilayered IP portfolio in key markets, consulting with competent IP counsel, and working closely with your IP attaché.<br />I also joined the IP attachés in visiting and touring the headquarters of several other major U.S. stakeholders the Dallas area during the week. Our visits included Bell Helicopter, Texas Instruments, AT&T, Flowserve, and Mary Kay.</p>
<p align="left">It was during our visit to Mary Kay—a Texas-based company that sells hundreds of products in approximately 40 countries—that a senior representative shared with us that the attachés possess “a wealth of knowledge” that should be fully utilized to assist U.S. businesses abroad. It’s a sentiment that I couldn’t agree with more. </p>
<p>If you would like to learn more about the USPTO’s IP Attaché Program—and see first-hand the “wealth of knowledge” that these dedicated professionals use to advocate on behalf of U.S. business interests—I urge you the visit the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual">IP Attaché Program page of the USPTO website</a>.</p>
https://www.uspto.gov/blog/director/entry/ptab_issues_guidance_for_motions
PTAB Issues Guidance for Motions to Amend After Aqua Products
USPTO
2017-12-28T06:28:32-05:00
2017-12-28T06:28:32-05:00
<p>Guest Blog by Chief Administrative Patent Judge of the Patent Trial and Appeal Board David Ruschke </p>
<p>The Patent Trial and Appeal Board (Board) has been conducting America Invents Act (AIA) trials for about five years. The trials were designed by Congress to be a faster and less expensive alternative to district court litigation for challenging the validity of a patent. The ability to amend the patent is one aspect of the trials that is particularly unique to the Board as compared to district court litigation. If the Board institutes a trial, the patent owner may file a motion to amend the challenged claims. In the motion, the patent owner may propose substitute claims in place of the originally-patented claims to overcome any unpatentability arguments raised by the petitioner. </p>
<p>In October, the Federal Circuit, sitting <em>en banc</em>, issued a decision in <em>Aqua Products, Inc. v. Matal</em>, 872 F.3d 1290 (Fed. Cir. 2017), concerning motion to amend practice before the Board. The Federal Circuit addressed the burden of proof that applies to proving patentability of the substitute claims. The <em>en banc</em> court concluded that the USPTO had not appropriately placed the burden on the patent owner through rulemaking.</p>
<p>The Board recently issued guidance in view of <em>Aqua Products</em>. The intent of the guidance is to provide certainty and transparency on how the Board will handle motions to amend going forward. Consistent with the Court’s decision, the Board will not place the burden of persuasion on a patent owner with respect to the patentability of substitute claims presented in a motion to amend. Rather, if a patent owner files a motion to amend, the Board will determine whether the substitute claims are unpatentable based on the entirety of the record, including any opposition made by the petitioner. </p>
<p>We believe this guidance will continue to promote patent quality, allowing the USPTO to fulfill its statutory mandate to issue amended claims that are “determined to be patentable.” Any new amended claims will be narrower than the original claims that were previously examined, and will have overcome the prior art that had cast doubt on the sufficiency of that initial examination, as well as any other prior art of record. Although the Board will rely on submissions made by the parties, rather than a new examination of the amended claims, this approach is consistent with the AIA’s post issuance review paradigm, rather than the patent prosecution examinational model.</p>
<p>The Board also recognizes that the pre-<em>Aqua Products</em> approach of placing the burden of persuasion on patent owners with respect to amended claims may have been perceived as requiring patent owners to prove the negative, i.e., that no prior art read on their claims. Understandably, some may have been frustrated by the perception that amended claims might be rejected because of a failure to analyze and address prior art that was not of record. Under the new guidance, if a motion to amend meets obligations of the statute and rules, such as a showing of written support and a narrowing of claims, the Board will analyze amended claims under the same framework applied to original claims, that is, whether they are patentable over the prior art of record.</p>
<p>For the present time, the technical aspects of motion to amend practice before the Board will not change. The Board will continue its current briefing practice as to the types, timing, and certain procedural requirements. In addition, a patent owner must continue to confer with the Board before filing a motion to amend.</p>
<p>If a party in a particular case believes there is a need to discuss the impact of <em>Aqua Products</em> with the Board, they may contact us to arrange a conference call. During the call, they may request briefing changes or an additional briefing, and the Board generally will permit a supplemental briefing if requested. For more details, please read the <a href="https://www.uspto.gov/sites/default/files/documents/guidance_on_motions_to_amend_11_2017.pdf">Guidance on Motions to Amend in view of <em>Aqua Products</em></a>.</p>
<p>The Board continues to evaluate its processes to keep the AIA trial proceedings fair and balanced for all parties. To that end, we welcome comments and feedback on the <em>Aqua Products</em> guidance. Please share your views by emailing <a href="mailto:PTABAIATrialSuggestions@uspto.gov">PTABAIATrialSuggestions@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/updates_on_modernizing_the_electronic
Updates on Modernizing the Electronic Patent Application Process
USPTO
2017-12-14T05:32:59-05:00
2017-12-14T05:32:59-05:00
<p>Guest Blog by Commissioner for Patents Drew Hirshfeld</p>
<p>Launched in 2015, the <a href="http://www.uspto.gov/patent/emod">eCommerce Modernization (eMod) Project</a> aims to improve the electronic application process for patent applicants by modernizing the USPTO’s filing and viewing systems. Our goals with eMod are to streamline and enhance our systems for an easier, faster, and improved user experience. An important milestone for eMod will be the upcoming replacement of EFS-Web and PAIR, called Patent Center, which we are implementing in phases.</p>
<p>Recent improvements leading up to the rollout of Patent Center have included modernizing our authentication process and implementing structured text functionalities. With Patent Center, additional users from the same firm will be able to have their own accounts and access shared information. Structured text allows applicants to more easily submit their documents in text-based documents, rather than having to create PDF documents. This streamlines the application and publication processes for the applicants, examiners, and the USPTO. We tested the capabilities of structured text within EFS-Web and PAIR with our eMod Text Pilot Program, implemented from August 2016 until September 2017. The pilot was successful and many improvements were made based on user feedback from applicants, which include independent inventors, law firms, and corporations. Structured text features are now available to all EFS-Web Registered and Private PAIR users, and include the ability for applicants to file structured text via EFS-Web, and access structured text submissions, structured text office actions, and XML downloads via Private PAIR. Additional information can be found in the associated <a href="https://www.uspto.gov/sites/default/files/documents/Quick%20Start%20Guide%20DOCX%20Intake.pdf">DOCX Intake</a>, and <a href="https://www.uspto.gov/sites/default/files/documents/Quick%20Start%20Guide_PAIR_DOCX_Features.pdf">Access and Download DOCX</a> guides. </p>
<p>Our next milestone will be the Patent Center beta release in early 2018. Patent Center is the new and unified system in development to replace the EFS-Web and PAIR systems. The next generation system will be more user friendly and allows applicants to file and view their patent applications in one central location. New features will include the ability to upload multiple documents at a time, drag-and-drop documents, and save submissions at any time. During the testing or beta phase, Patent Center will be available to participants for live filing and managing of patent applications. This beta phase will be a great opportunity to start the transition to using the new tool and provide feedback for improvements towards further development. If you would like to join the beta phase, guidelines and registration will be posted to the <a href="http://www.uspto.gov/patent/emod">eMod page of the USPTO website</a>, under eMod Programs as the release date approaches. </p>
<p>The eMod project team will continue developing and enhancing Patent Center based on public feedback, and anticipate the completed product to be ready to replace EFS-Web and PAIR in 2019. There will be a transition period while EFS-Web and PAIR are available in parallel with Patent Center.</p>
<p>If you have any feedback, we encourage you to contribute via <a href="http://uspto-emod.ideascale.com/">eMod Ideascale</a> by sharing, voting, and/or commenting on ideas. For more information, please visit our <a href="http://www.uspto.gov/patent/emod">eMod page of the USPTO website</a> or attend one of our <a href="https://www.uspto.gov/about-us/events">outreach events</a>. You can also contact us directly at <a href="mailto:eMod@uspto.gov">eMod@uspto.gov</a>. </p>
<p>We will continue to share updates and work with you on eMod to make our patent application process as effective, efficient, and user friendly as possible.</p>
https://www.uspto.gov/blog/director/entry/leveraging_open_data_to_fuel
Leveraging Open Data to Fuel American Innovation
USPTO
2017-12-13T08:35:34-05:00
2017-12-13T08:35:34-05:00
<p><a href="https://www.commerce.gov/news/blog/2017/12/leveraging-open-data-fuel-american-innovation">A blog about the USPTO from the Department of Commerce.</a></p>
<p><a href="https://www.whitehouse.gov/blog/2017/08/11/fueling-american-innovation-and-economic-growth-open-data">Leveraging open data is a priority for the Trump Administration</a>, as part of its long-term commitment to modernize government and as a key driver of the American economy. </p>
<p>Recently, the U.S. Patent and Trademark Office (USPTO) announced <a href="https://developer.uspto.gov/">newly-released data</a> giving the public new insights regarding the ins and outs of the patent process, while also providing the USPTO with more meaningful metrics so it can continue to efficiently issue high-quality patents.<br />“It’s been nearly impossible to unlock this valuable data effectively in the past, but by leveraging emerging technologies such as big data and machine learning, we are able to better serve our customers”, said the USPTO Chief Data Strategist Thomas A. Beach.</p>
<p align="center"><img border="0" hspace="0" alt="Data visualization of patent examination process" src="https://www.uspto.gov/blogdata/img/OpenData_682.jpg" align="baseline" /></p>
<p align="center"><em>Data visualization of the patent examination process</em></p>
<p>The USPTO receives and reviews thousands of patent applications each year. Included in these applications are mountains of scientific knowledge. Today’s release of the <em>USPTO Patent Prosecution Research Data: Unlocking <a href="https://developer.uspto.gov/api-catalog/uspto-office-action-rejection-api-beta">Office Action</a> & <a href="https://developer.uspto.gov/api-catalog/uspto-office-action-citations-api-beta">Citation Traits</a></em> marks the first time that comprehensive data on over 4.4 million office actions from the last several years has been made readily available to the public. An “office action” is a notification from a patent examiner to an applicant on whether their invention is patentable, and why or why not. It includes information such as the grounds for approval or rejection as well as the pertinent prior art, or in other words, the relevant past inventions that have come before it as shown in the visualization of the patent examination process (shown above).</p>
<p>By improving access to patent data, the public and private sectors can be empowered to identify trends in technology and innovation and open data can be freely and easily accessed, shared and analyzed. Analyzing and connecting government datasets can result in useful insights for entrepreneurs and innovators, from assessing risks to increasing sales.</p>
https://www.uspto.gov/blog/director/entry/update_improving_the_accuracy_of
Update: Improving the Accuracy of the Trademark Register
USPTO
2017-11-17T04:46:32-05:00
2017-11-17T04:46:32-05:00
<p>Guest Blog by Chief Administrative Trademark Judge Gerard F. Rogers</p>
<p>The public counts on the accuracy and integrity of the U.S. Trademark Register when selecting and clearing new marks, so as to avoid conflicts with already registered marks. Registered trademarks that are not actually in use in commerce unnecessarily block someone else from the Register. Based on analysis of the results of the Post Registration Proof of Use Pilot, Trademarks found that more than half of registrations being maintained include at least some goods or services for which the registered mark is not actually being used. In the wake of these findings, the USPTO has been exploring ways to improve the state of the Trademark Register. Some changes have already been made, as Commissioner for Trademarks Mary Boney Denison described in <a href="https://www.uspto.gov/blog/director/entry/improving_the_trademark_register">her blog post last year</a>. The Trademark Trial and Appeal Board (TTAB) is considering revision of its rules to allow a party to seek cancellation of registrations for marks no longer in use or that never were in use, through streamlined proceedings. </p>
<p>These new streamlined cancellation proceedings would facilitate challenges to registrations for unused marks by those who believe that the mark’s continuing presence on the Register will damage them in some way, often because it is blocking the challenger’s attempt to register the same or a similar mark. A party seeking to “clear” a mark for use and registration who encounters a registered mark that presents a potential likelihood of confusion may investigate and find that the registered mark seems not to be in use in commerce. Instead of commencing a full cancellation proceeding, the party could initiate a streamlined proceeding and, by providing evidence of nonuse, quickly and efficiently clear the blocking mark from the Trademark Register. Unlike a full proceeding in which a challenger must bring all available claims or run the risk of being barred from raising them in the future, the challenger may focus solely on claims of nonuse or abandonment, without endangering its option to bring other claims in the future.</p>
<p align="center"><img border="0" hspace="0" alt="Chief Administrative Trademark Judge Gerard F. Rogers" src="https://www.uspto.gov/blogdata/img/20151001_tpac_012_682.jpg" align="baseline" /></p>
<p align="center"><em>Chief Administrative Trademark Judge Gerard F. Rogers</em></p>
<p>Specifically, the grounds a party could assert would be limited to: (1) abandonment of one or more goods/services (nonuse plus intention not to resume use); or (2) no use for one or more of the goods/services prior to the relevant date of an allegation of use Counterclaims by the registrant would not be permitted. Procedures that would facilitate speed and efficiency of these proceedings could include: requiring the challenger to submit evidence sufficient to support its grounds at the time of filing the petition, and the registrant to submit proof of use of the mark with its answer; limiting discovery to the challenger’s standing if it would prove dispositive; and an abbreviated schedule with no oral hearing. The TTAB would commit to determination of the cases within an expedited timeframe, potentially 70 days from commencement (in cases of default by the registrant) to approximately 170 days from commencement for cases decided on the merits. The cases also could be less expensive, with lower fees and legal costs, due to the relative simplicity of the proceedings. </p>
<p>To obtain preliminary feedback on whether streamlined proceedings would be useful and how they should be structured, on May 16, 2017, the USPTO published a <a href="https://www.federalregister.gov/documents/2017/05/16/2017-09856/improving-the-accuracy-of-the-trademark-register-request-for-comments-on-possible-streamlined?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term">request for comments</a> in the Federal Register (82 Fed. Reg. 22517). A variety of stakeholders and customers responded with <a href="https://www.uspto.gov/trademark/trademark-updates-and-announcements/public-comments-streamlined-version-trademark">comments</a>. The USPTO received valuable feedback on the potential effectiveness of the proceedings overall, as well as on specific issues such as safeguards against potential abuse, timing and deadlines, the appropriate fee amount, procedural points, standing, the burdens of production and proof, the use requirement, and the preclusive effect of Streamlined Proceedings. </p>
<p>After the comment period closed, stakeholders gathered for a public meeting on September 25, 2017, where the USPTO reported on the comments and attendees engaged in a lively discussion about various aspects of the Streamlined Proceedings. The conversation addressed some <a href="https://www.uspto.gov/sites/default/files/documents/Discussion%20Topics%20for%20Streamlined%20Cancellation%20Roundtable.pdf">discussion questions</a> posted on the USPTO website.</p>
<p>As indicated at the public meeting, the USPTO continues to welcome additional input on the discussion questions and other issues related to streamlined proceedings. Written comments may be submitted via <a href="mailto:TTABFRNotices@uspto.gov">TTABFRNotices@uspto.gov</a>. The success of this type of initiative depends heavily on members of the public, sharing their insights and experience. These contributions allow the USPTO to better understand the participants’ perspectives in weighing the costs and benefits of Streamlined Proceedings. Should the USPTO move forward with Streamlined Proceedings, the next step would be issuance of a notice of proposed rulemaking to set out the specific rule changes needed to implement streamlined proceedings. The USPTO looks forward to continued engagement on this important initiative.</p>
https://www.uspto.gov/blog/director/entry/revised_patent_fee_schedule_finalized
Revised Patent Fee Schedule Finalized
USPTO
2017-11-16T05:06:17-05:00
2017-11-16T05:06:17-05:00
<p>Guest blog by Commissioner for Patents Drew Hirshfeld and Chief Judge of the Patent Trial and Appeal Board David Ruschke</p>
<p>The USPTO is celebrating the culmination of a multi-year effort to secure the financial security of the Patent and Patent Trial and Appeal Board (PTAB) organizations in order to better serve the United States economy We have made tremendous progress reducing overall patent pendency, reducing our inventory of unexamined applications, enhancing patent examination quality, reducing the ex parte appeal inventory, and implementing the post-grant review proceedings established by the America Invents Act (AIA). These are all vital to ensure steady domestic job growth. While great progress has been made, there is still much to be accomplished, which requires additional funding. After years of preparation, deliberation, analysis, and consideration of stakeholder opinion, the USPTO issued a final rule, “<a href="https://www.federalregister.gov/documents/2017/11/14/2017-24390/setting-and-adjusting-patent-fees-during-fiscal-year-2017">Setting and Adjusting Patent Fees during Fiscal Year 2017</a>,” using the fee setting authority of the Leahy-Smith America Invents Act (AIA) to strategically change certain patent and PTAB fees.</p>
<p>The revised fee schedule is projected to produce approximately 4% more patent revenue each fiscal year once fully implemented. With the added funding, we aim to:</p>
<p>• Continue progress towards strategic goals and objectives including reaching target pendency and backlog levels<br />• Build upon the success of quality efforts and continue to strengthen the work products, processes, and services at all stages of the patent process<br />• Advance our multi-year effort to update our critical information technology infrastructure via solutions like Patents End-to-End (PE2E) and PTAB End-to-End (PTAB E2E)—modern, enterprise solutions designed to improve efficiency, enhance accountability, and provide greater stakeholder satisfaction during interactions with our organizations<br />• Support the PTAB’s continued efforts to recruit and retain staff to deliver high quality and timely decisions, particularly for AIA trials and reexamination and ex parte appeals <br />• Work towards an optimal reserve balance, which will enable the USPTO to maintain service delivery when faced with immediate and temporary changes in economic conditions and/or operating circumstances</p>
<p>The final rule is responsive to feedback gathered from stakeholders during the 60-day public comment period following the publication of the Notice of Proposed Rulemaking (NPRM) in September 2016 and was developed after extensive review and consultation with the current administration to ensure alignment with key priorities. Compared to the financial outlook presented in the NPRM, the revised financial outlook of the final rule is more moderate due to revised fee change proposals. Specifically, the USPTO opted to reduce the proposed increase in design and plant issue fees after stakeholders raised concerns about accessibility. Next, the notice of appeal fee remains at its current level ($800) instead of a proposed $200 increase. Further, the fee to forward an appeal to the Board increases only moderately. Finally, the final rule increases the Inter Partes Review (IPR) request and post-institution fees to better align them to their unit costs. The total combined fee ($30,500) is significantly greater than the current combined fee ($23,000) but these fees remain accessible compared to the costs required to pursue court proceedings. The other fees proposed in the NPRM remain the same in the final rule. A full list of fee change proposals is available on the <a href="http://www.uspto.gov/about-us/performance-and-planning/fee-setting-and-adjusting">Fee Setting and Adjusting page of the USPTO website</a>.</p>
<p>For the PTAB organization, since the initial AIA patent fee rulemaking in 2013, ex parte appeal fees have enabled the PTAB to hire more judges and greatly reduce the appeals inventory, which reached over 26,500 (in 2012), to just over 13,000 (in September 2017). Additional fee revenue from higher appeal fees will support further inventory and pendency reductions. </p>
<p>The USPTO takes its fee setting authority very seriously and continues to invest significant resources and time in developing proposals, working with our stakeholders, and analyzing potential effects of proposed changes on fee payers. When first conceived, this final rule was to take effect in fiscal year 2017, but significant consultation, analysis, and consideration of multiple stakeholder perspectives led us to delay the implementation date. Given the pending sunset of the USPTO’s fee setting authority, barring an action by Congress to extend or make it permanent, this particular fee setting effort took on greater significance. We at the USPTO strive to be good stewards of our financial resources and we continue to welcome feedback and accountability from our many stakeholders.</p>
https://www.uspto.gov/blog/director/entry/travelling_with_a_group_of
Traveling with a Group of Global IP “Rock Stars”
USPTO
2017-11-15T06:49:17-05:00
2017-11-15T06:49:17-05:00
<p>Guest blog by Director of the Silicon Valley Regional U.S. Patent and Trademark Office John Cabeca</p>
<p>I recently had the opportunity to join several of the USPTO’s intellectual property (IP) attachés in Long Beach, California, to deliver presentations at the American Bar Association’s <a href="https://www.americanbar.org/groups/intellectual_property_law/events_cle/ipwest2017.html">IP West conference</a> and meet with local U.S. stakeholders and businesses. </p>
<p>The USPTO’s IP attachés, who came here from their regional posts in South America, Central America, Asia, Mexico, and the Caribbean, are U.S. diplomats assigned to embassies or consulates to advocate U.S. positions on IP matters for the benefit of U.S. stakeholders. They are committed to advancing U.S. business interests internationally. They also provide information to U.S. businesses entering foreign markets, including how to navigate foreign laws and protect their IP abroad. </p>
<p>In addition to their extensive work abroad, the attachés regularly work with USPTO headquarters and its regional offices to hold meetings and conduct programs with stakeholders throughout the United States. These activities are designed not only to expand awareness of the IP attachés’ efforts, but also provide expert assistance to U.S. industry associations and individual businesses in their efforts to protect and enforce IP rights overseas.</p>
<p>One of the highlights of our visit to Southern California was a three-hour roundtable discussion held at the University of California–Irvine’s Applied Innovation incubator, <a href="http://innovation.uci.edu/the-cove/">The Cove</a>. It consisted of a series of wide-ranging discussions on global IP protection, and gave about 100 attendees—who represented startup companies, academia, and IP law firms—the opportunity to get answers to their questions about the IP challenges faced by U.S. stakeholders abroad and the best methods to help them. It also addressed several related areas of concern, such as counterfeit goods, patents, and trade secret protection. In addition to The Cove, we also visited other associations and companies while we were in Southern California, including Boeing, Western Digital, The Walt Disney Company, and the Orange County IP Law Association.<br /> <br />A group of the USPTO’s intellectual property attachés recently met with representatives of The Walt Disney Company in Burbank California. The visit was part of a series of outreach events that the attachés conducted in southern California, meeting over a three-day period with a wide variety of local U.S. businesses and other stakeholders.</p>
<p><img border="0" hspace="0" alt="IP attaches outside The Walt Disney Company" src="https://www.uspto.gov/blogdata/img/IPWest-0590.jpg" align="baseline" /></p>
<p align="center"><em>A group of the USPTO’s intellectual property attachés recently met with representatives of The Walt Disney Company in Burbank California. The visit was part of a series of outreach events that the attachés conducted in southern California, meeting over a three-day period with a wide variety of local U.S. businesses and other stakeholders.</em></p>
<p>Working alongside the IP attachés reminded me what a tremendous service they provide to our country and its businesses. For example, Ann Chaitovitz, our attaché based in Lima, Peru, related how her work conducting IP enforcement workshops for Peruvian officials had led to improvements in Peru’s enforcement activities. A subsequent raid by Peruvian officials, conducted on behalf of U.S. footwear and apparel manufacturers, netted large quantities of counterfeit goods bearing U.S. trademarks. Success stories like this show the important role our IP attachés play, and help explain why attendees at some of this week’s events referred to the attachés as “rock stars.” </p>
<p>According to the program’s director, Dominic Keating, “the USPTO’s IP attachés bring an average of more than 20 years of IP experience to the table to help secure the highest of standards in international agreements and host country laws. The attachés’ experiences range from government—in such agencies as U.S. Customs and Border Protection and the Office of the United States Trade Representative—to work with major trade associations and some of the best law firms in the country.”</p>
<p>We are truly fortunate that the USPTO has such dedicated and talented individuals advocating on behalf of U.S. business interests and working with foreign government officials for the enactment and enforcement of strong IP policies, laws, and regulations. </p>
<p>In addition to their most recent visit, similar IP attaché outreach programs have been held in other major U.S. cities near or in one of our regional offices, including Detroit, Michigan; Denver, Colorado; and Washington, D.C. The next one, in early December, will be in Dallas, Texas. I urge you to learn more about the work the attachés do by visiting the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual">IP Attaché Program page</a> on the USPTO website.</p>
https://www.uspto.gov/blog/director/entry/the_importance_of_independent_inventors
The Importance of Independent Inventors to America – and America’s Economy
USPTO
2017-11-08T05:23:42-05:00
2017-11-08T05:23:42-05:00
<p>Blog by Joe Matal, Performing the Duties and Functions of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO</p>
<p>Throughout history, independent inventors have transformed our lives with their innovative ideas and played a key role in the growth of the U.S. economy. Regardless of whether these ideas spawned small family businesses or large corporations, the work of small inventors is part of the fabric of American innovation. Think of names like Dupont, Ford, Kellogg, and Wright; and technology such as the telephone, the electric lightbulb, the steam engine, and the airplane. A disproportionate number of the most important technological advances started in the minds of small-scale, independent inventors, and their ideas have helped create new jobs, businesses, and even entire global industries. Today, the importance of small inventors and small business endures. <a href="https://www.sba.gov/blogs/creating-jobs-investing-small-business">According to the Small Business Administration</a> (SBA), two out of three net new jobs in the U.S. are created by small businesses.</p>
<p>The resourcefulness and resilience of today’s independent inventors are indeed impressive, and at the USPTO, and because they’re responsible for so many great technological leaps, we want to help them succeed. The USPTO needs to hear about the real challenges they face as they work to protect and manufacture their innovations and start and grow their own businesses. In the months I’ve been leading this agency, I’ve made time to meet with inventors to hear their stories and learn how they believe the USPTO can help them overcome roadblocks. Just recently, for example, I attended a meeting of the <a href="http://www.tbic.us/">Tampa Bay Inventors Council</a>. Some of them expressed concern about the fairness of the IP system, and some criticized the USPTO’s post-issuance review proceedings, arguing that they are stacked against patent owners. Others noted that they found the process of obtaining a patent to be too lengthy, cumbersome, and cost-prohibitive. They’re also extremely concerned about the ease in which their product ideas can be copied and sold into the United States from other nations.</p>
<p align="center"><img border="0" hspace="0" src="https://www.uspto.gov/blog/director/resource/Tampa_682.jpg" align="baseline" /></p>
<p align="center"><em>After a meeting with members of the Tampa Bay Inventors Council, Joe Matal (left) speaks with Steve Gordon, the inventor and manufacturer of the INSTANT-OFF Water Saver. (Photo by Paul Morinville)</em></p>
<p>Our policies and processes throughout the USPTO are intended to drive entrepreneurship and innovation, and create a fair, accessible, and easy-to-use system for all inventors. As I explained in Tampa, there’s always room for improvement at the USPTO. Every aspect of our agency is continually being refined to better serve the patent and trademark owner community. Hearing from them helps us identify ways we can make that happen.</p>
<p>To that end, the USPTO has a <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources">wide variety of resources</a> designed to help independent inventors. They can take advantage of our <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/patent-pro-bono-program">Patent Pro Bono Program</a> and <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-se-assistance-program">Pro Se Assistance Program</a>, which help applicants who seek patents without the assistance of a lawyer. Historically, USPTO has found that pro se applicants have substantially higher abandonment rates than do other applicants. The agency has recently begun expanding its pro se assistance program in order to ensure that every pro se inventor who wants to can be assisted by this art unit, in which examiners play an active role in guiding the inventor through the prosecution process. The USPTO also offers its <a href="https://www.uspto.gov/patent/initiatives/usptos-prioritized-patent-examination-program">Track One program</a>, which provides expedited patent prosecution, and does so with significant discounts for small, independent inventors. Our <a href="https://www.uspto.gov/learning-and-resources/support-centers/inventors-assistance-center-iac">Inventors Assistance Center</a>, which is staffed by former patent examiners, intellectual property specialists, and attorneys, can answer general questions concerning patent examining policy and procedure. </p>
<p>In addition, our four <a href="https://www.uspto.gov/about-us/uspto-office-locations">regional offices</a>, located in each of the U.S. time zones, serve to make our services more readily available to local communities, and their unique industry and innovation needs, whether it be an event on the basics of patents and trademarks, or meeting directly with an examiner to discuss an application. Representatives from across the USPTO regularly meet with groups of inventors, startups, and businesses. I encourage you to browse our list of all <a href="https://www.uspto.gov/about-us/events">upcoming events</a> to find one that interests you. </p>
<p>I look forward to continuing the discussion with inventors to learn what we’re doing well, what we can do better, and how best to serve their needs. Only by working together will we achieve the best outcomes for our nation’s inventors and entrepreneurs, and help grow our economy, create new jobs, and build new industries.</p>
https://www.uspto.gov/blog/director/entry/2017_collegiate_inventors_competition_winners
2017 Collegiate Inventors Competition Winners Announced
USPTO
2017-11-07T09:08:05-05:00
2017-11-07T10:01:20-05:00
<p><a href="https://www.commerce.gov/news/blog/2017/11/2017-collegiate-inventors-competition-winners-announced">A blog about the USPTO from the Department of Commerce.</a></p>
<p>The future of American innovation was on display November 3rd at the 2017 <a href="http://www.invent.org/challenge/">Collegiate Inventors Competition</a> held at the U.S. Patent and Trademark Office (USPTO) in Alexandria, VA.</p>
<p>Cutting-edge inventions created by the nation’s brightest young innovators from colleges and universities across the country – solving challenges from water decontamination to wearable power generation – were showcased at the competition’s public expo, providing the students a forum to answer questions and discuss their inventions with USPTO patent examiners, patent attorneys, trademark examiners and senior officials; corporate sponsors; members of the intellectual property community; and the public.</p>
<p>During the competition, the 29 undergraduate and graduate students from 12 teams all had the opportunity to interact one-on-one with inductees of the <a href="http://www.invent.org/">National Inventors Hall of Fame</a> (NIHF). These legendary innovators – who have invented many tools, processes, or devices that are now commonplace in our lives (optical fiber, implantable defibrillator, Post-it® Notes, digital camera) — served as judges for the competition, and provided advice and inspiration for the students. USPTO officials also served as judges.</p>
<p align="center"><img border="0" hspace="0" src="https://www.uspto.gov/blog/director/resource/20171103_cic_rush_025_682px.jpg" align="baseline" /></p>
<p align="center"><em>2017 CIC gold medal winners</em></p>
<p>The winner in the undergraduate category was a team from University of Iowa, Abraham Espinoza and Matthew Rooda. Their invention, SwineTech, is an audio processing technology that determines if piglets are in distress, allowing farmers to provide a higher quality of life to their livestock. </p>
<p>The graduate winner was Ning Mao from Boston University for Engineered Probiotics. Her priobiotic solution is an affordable and convenient way to provide early detection of cholera and help further contain the spread of the disease. </p>
<p>The top undergraduate and graduate winning teams each received $10,000. Second- and third-place finishers also were awarded cash and prizes. <a href="http://www.invent.org/challenge/2017-finalists/">Read more about all the 2017 CIC finalists and winners</a> and <a href="https://www.youtube.com/watch?v=EQkLRfO3rWg&feature=youtu.be">hear what they love about inventing</a>. </p>
<p>Through this competition, the skills that these students gained through the process of invention and by learning about intellectual property will be assets to them as they continue with their research or commercialize their inventions. </p>
<p>The Collegiate Inventors Competition is one of several important programs that the USPTO and NIHF offer to young inventors. Others include Invention Playground for preschool children, Camp Invention and Club Invention for elementary school children, and Invention Project for middle school students. Since 1990, NIHF’s education programs have served more than 1.25 million children, and 125,000 teachers and leadership interns — promoting a better understanding of the vital role intellectual property and innovation play in our lives and our economy and helping build entrepreneurial skills for the next generation of inventors.</p>
https://www.uspto.gov/blog/director/entry/something_spooky_this_way_comes
Something Spooky This Way Comes – Strange, Weird and Unsettling IP
USPTO
2017-10-30T09:10:59-04:00
2017-10-30T09:10:59-04:00
<p><a href="https://www.commerce.gov/news/blog/2017/10/something-spooky-way-comes-strange-weird-and-unsettling-ip">A blog post about the USPTO from the Department of Commerce</a>.</p>
<p>Americans will spend an estimated <a href="https://nrf.com/resources/consumer-research-and-data/holiday-spending/halloween-headquarters">9.1 billion dollars on Halloween this year</a>, and yet many trick-or-treaters remain unaware that this holiday is crawling with countless examples of intellectual property (IP), from the registered trademarks protecting the candy you eat and the costumes you wear, to the utility and design patents behind the tools to carve pumpkins or manufacture Halloween decorations. As in past <a href="https://twitter.com/uspto/status/912301129136066560">Octobers</a>, the U.S. Patent and Trademark Office (USPTO) uses social media as a fun and timely way to educate the public about the importance of IP and how it impacts their everyday lives. </p>
<p>Seven years ago, the USPTO decided to explore the deepest and darkest corners of more than two centuries worth of patent and trademark archive to unearth some particularly Halloween-appropriate patents and trademarks, in a campaign that became known as “Creepy IP.” Whether it’s the <a href="https://www.facebook.com/uspto.gov/photos/?tab=album&album_id=294252403921591">trademark for Ghostbusters</a>®, <a href="https://twitter.com/uspto/status/659739055001849856">Count Chocula</a>® cereal, a sound mark for <a href="https://twitter.com/uspto/status/519115475348115456">Darth Vader</a>®, or patents for the <a href="https://twitter.com/uspto/status/915573572403367942">electric extraction of poison</a> or a <a href="https://twitter.com/uspto/status/919922238513733634">flesh brushing apparatus</a> from the 1880s, the USPTO’s public records are full of interesting inventions and commercialized products, some of which would fit right in at your local haunted house.</p>
<p>Since its initial launch in October 2011, the #CreepyIP hashtag remains one of the USPTO's most successful interactive social media campaigns, with other federal agencies, private companies, the press, and members of the general public routinely using the hashtag to share the IP they find spooky, creepy or downright strange. This year, the USPTO has even gotten <a href="https://twitter.com/CIPO_Canada/status/922493251080384512%20%3chttps:/twitter.com/CIPO_Canada/status/922493251080384512%3e">other international IP offices</a> searching their archives for Creepy IP. </p>
<p align="center"><img border="0" hspace="0" alt="USPTO Creepy IP Team" src="https://www.uspto.gov/blog/director/resource/20171019_reddit_005_682px.jpg" align="baseline" /></p>
<p align="center"><em>USPTO Creepy IP Team</em></p>
<p>Part of the USPTO’s mission is to educate the public about the importance of IP, and Creepy IP generates tremendous awareness by highlighting how patents and trademarks are ingrained in our daily lives. Innovation and creative endeavors are indispensable elements that drive economic growth and sustain the competitive (and sometimes creepy) edge of the U.S. economy. In turn, IP protection provides incentives to invent and protects innovators from unauthorized use of their creepy inventions. The importance of IP to our economy is illustrated by <a href="https://www.uspto.gov/sites/default/files/documents/IPandtheUSEconomySept2016.pdf">a major study by the Economics & Statistics Administration</a> which found that in 2014, IP-intensive industries directly and indirectly supported over 45 million jobs (nearly a third of all U.S. jobs) and over 38% of our national GDP.</p>
<p>On October 31 at 9:30 a.m. ET, the <a href="https://twitter.com/uspto/status/922470330370871298">kooky minds behind Creepy IP at the USPTO will be hosting a Reddit “Ask Me Anything</a>.” Join the discussion to ask questions about the weirdest and most memorable creepy patents and trademarks that they’ve discovered over the years. Follow the USPTO on <a href="https://twitter.com/uspto">Twitter</a> and <a href="https://www.facebook.com/uspto.gov/">Facebook</a> for more spooktacular IP, and from all of us – Happy Halloween!</p>
https://www.uspto.gov/blog/director/entry/spotlight_on_commerce_juan_valentin
Spotlight on Commerce: Juan Valentin, Education Program Advisor, USPTO
USPTO
2017-10-11T07:28:30-04:00
2017-10-11T07:28:30-04:00
<p><a href="https://www.commerce.gov/news/blog/2017/10/spotlight-commerce-juan-valentin-education-program-advisor-us-patent-and-trademark">Blog about the USPTO from the Department of Commerce</a></p>
<p>Ed. note: This post is part of the Spotlight on Commerce series highlighting contributions of Department of Commerce employees during Hispanic Heritage Month.</p>
<p>Guest blog post by Juan Valentin, Education Program Advisor, U.S. Patent and Trademark Office</p>
<p>If you had told me ten years ago that in October of 2017 I would be traveling across the United States educating children and adults alike on how important intellectual property (IP) protection is for the development of our youth and nation, I would have laughed you out of the room. Growing up as one of the only Hispanics in a small, Upstate New York community, one thing that was always important in my life was my Puerto Rican ancestry. The music, food, culture and the family life-force was sewn into my soul at an early age. </p>
<p>I started my career as a patent examiner, putting my engineering degree from Clarkson University to good use, examining patent applications in the field of optical measuring and testing devices. Two key events in my life were the catalysts that set me on my current career path. The first took place about five years into my USPTO career when a friend invited me to Langdon Elementary School in D.C. to make slime with third graders. This was for a program called RESET that takes volunteers and matches them with local elementary schools to do hands-on science and engineering activities with the students. My life was changed that day. I was hooked, first as a volunteer, then as an activity lead, then as a team lead who developed new activities and was responsible for finding new volunteers.</p>
<p>My mother had a huge impact on this change of direction. Some of my first memories are of her giving spirit, of the sacrifices she made for not only me but for those in need around her. My mother not only worked in public service, she volunteered and as a single parent always had me at her side, helping with activities. For me, seeing the excitement, smiles, and appreciation on the students’ faces after doing educational activities brought back childhood memories of giving back to my community and it showed me there’s a need for this type of service in underrepresented communities. It reminded me of the potential my mom saw in other people and her willingness to help.</p>
<p align="center"><img border="0" hspace="0" alt="Juan Valentin (center) with students during Engineering Week" src="https://www.uspto.gov/blog/director/resource/20170222_eweek_009_682pix.jpg" align="baseline" /></p>
<p style="TEXT-ALIGN: center" align="center"><i><span><font face="Calibri">Juan Valentin (center) with students during Engineering Week</font></span></i></p>
<p>The second event came in 2009 when I co-founded the first ever U.S. federal government chapter for the Society of Hispanic Professional Engineers (SHPE) at the USPTO. Members of SHPE are a family. We take pride in helping new employees transition to the agency, while creating a community of learning here at the USPTO. As the SHPE President for past two years, I have really seen the impact of the organization over the last eight years, helping mentor and support Hispanic employees in their growth as leaders at the USPTO, while also giving back to the community. We’ve recently been focusing on ways to help the areas ravaged by the hurricanes, and have organized a donation drive for supplies to be sent to Puerto Rico. This year’s theme for Hispanic Heritage Month is “Shaping the Bright Future of America,” which is very fitting for the tremendous work I’ve been blessed to be a part of through SHPE.</p>
<p>In 2011, I applied for and was accepted to a detail to work on K-12 IP educational initiatives at the USPTO’s Office of Education and Outreach (OEO), for eight months. That eight months went by so fast I remember thinking, “Wouldn’t it be amazing if I could do this full time?” As my detail came to an end, a full-time vacancy was announced for an education specialist. I was determined to apply for the position and was hopeful that through my experiences I would be given the opportunity to help expand innovation, invention, and IP outreach at the USPTO. Life doesn’t always go as planned and I didn’t get the position, but I knew that showing students how to be innovative problem solvers and critical thinkers was my future; now I just needed to make it a reality. I was determined to build up my resume so I would be ready when the next opportunity opened up. My patience was well worth it; three years later another position became available and I was selected.</p>
<p>I still pinch myself from time to time when the fast pace of my life slows down just enough for a moment of self-reflection on the past three years. Not everyone is lucky enough to say they have their dream job. As an education program advisor at the USPTO, I can proudly say without a doubt, I have found my dream job, or rather it has found me! My career advice to others is not to get discouraged by setbacks, but to be determined and pursue what you love to do.</p>
https://www.uspto.gov/blog/director/entry/uspto_and_denver_startup_week
USPTO and Denver Startup Week – What’s the Connection?
USPTO
2017-10-06T06:07:07-04:00
2017-10-06T06:45:21-04:00
<p align="left">Guest blog by Director of the Rocky Mountain Regional U.S. Patent and Trademark Office Molly Kocialski</p>
<p>Today’s small businesses and entrepreneurs are faced with many decisions as they pursue their dreams of creating and building their own businesses. While raising funds from investors or applying for loans from the Small Business Administration (SBA) or other lenders, they are also formulating business plans, identifying the right business partners, hiring technical help, finding manufacturing assistance, and developing an overseas marketing strategy. In short, the “to do” list is long and ever-evolving. There are also intellectual property concerns to consider. What should my brand be? Do I need a patent? How do I protect my products and services from competitors? The USPTO can help answer many of these questions, and one venue where we are able to reach and assist a lot of small businesses and entrepreneurs is at local and regional “startup weeks.”</p>
<p>Every year, the Rocky Mountain USPTO participates in <a href="https://www.denverstartupweek.org/">Denver Startup Week</a> (DSW), which showcases the area’s entrepreneur community in tech, design, business, and manufacturing. DSW was started in 2012 and in the years since has grown into the largest free entrepreneurial event in the world, with over 13,300 people attending in 2016. Over the course of five days, the USPTO provides assistance to these small businesses and entrepreneurs, ensuring they understand the ins and outs of the intellectual property (IP) system. This year, the USPTO held sessions on <a href="https://www.uspto.gov/about-us/events/denver-startup-week-intellectual-property-business-decision">intellectual property as a business decision</a> and on <a href="https://www.uspto.gov/about-us/events/denver-startup-week-start-exit-why-license-ready-strategy-success">why licensing partnerships enhance the chance of success</a>. </p>
<p align="center"><img border="0" hspace="0" alt="Rocky Mountain Regional USPTO Director Molly Kocialski presents during Denver Startup Week" src="https://www.uspto.gov/blog/director/resource/20170925_denver_DSC03029_682px.jpg" align="baseline" /></p>
<p style="TEXT-ALIGN: center" align="center"><i><font face="Calibri">Rocky Mountain Regional USPTO Director Molly Kocialski presents during Denver Startup Week</font></i></p>
<p>Small businesses and entrepreneurs are the engine of the U.S. economy. According to the <a href="http://www.sba.gov/advocacy/7540/42371">SBA</a>, they make up: <br />• 99.7 percent of U.S. employer firms, <br />• 64 percent of net new private-sector jobs,<br />• 43 percent of high-tech employment,<br />• 98 percent of firms exporting goods, and<br />• 33 percent of exporting value. </p>
<p>In addition to reaching entrepreneurs at startup weeks, the USPTO offers a <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources">wide range of resources</a> for small businesses and innovators across the country. Our <a href="https://www.uspto.gov/about-us/uspto-office-locations">regional offices</a> in Denver, Dallas, Detroit and San Jose provide a support system for entrepreneurs, offer free information and resources to individuals and businesses, and host <a href="https://www.uspto.gov/about-us/events/">frequent events</a>. In addition, our <a href="https://www.uspto.gov/learning-and-resources/support-centers/patent-and-trademark-resource-centers-ptrcs">Patent and Trademark Resource Centers</a> (PTRCs) are a nationwide network of public, state, and academic libraries designated by the USPTO to support the public with trademark and patent assistance. Individuals and small businesses with limited financial resources can also receive free legal assistance in order to help them secure patent protection for their invention. Through the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1">Law School Clinic Certification Program</a>, assistance is provided by law students who are supervised by licensed IP attorneys, and through the USPTO’s <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/patent-pro-bono-program">Patent Pro Bono Program</a>, now in all 50 states, attorneys volunteer their time as a way to give back to their communities.</p>
<p>At the USPTO, we understand that when starting a business, there are many IP-related concerns to consider. That is why we are working to provide local and regional innovators with the tools, information and resources they need to succeed and ultimately, protect U.S. innovation.</p>
https://www.uspto.gov/blog/director/entry/patents_for_humanity_awards_now
Patents for Humanity Awards Now Open for Applications
USPTO
2017-09-26T07:18:12-04:00
2017-09-26T07:18:12-04:00
<p>Blog by Joe Matal, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO</p>
<p>Patents for Humanity, the USPTO’s top honor for patent owners and licensees who use game-changing technology to meet humanitarian needs, is now accepting applications for the 2017 – 2018 cycle. Anyone who owns or licenses a U.S. patent or patent application is eligible. Winners receive an acceleration certificate to expedite proceedings at the USPTO, as well as public recognition of their work.</p>
<p>Patents for Humanity recognizes inventions that address global development issues such as medicine, nutrition, sanitation, energy, and living standards. We invite innovators of all kinds to tell their stories of helping underserved communities through the power of technology. Individuals, corporations, nonprofits, small businesses, academic institutions, and government agencies are all welcome to apply. </p>
<p align="center"><img style="HEIGHT: 320px; WIDTH: 479px" border="0" hspace="0" alt="Patents for Humanity trophies" src="https://www.uspto.gov/blog/director/resource/20161116_p4h_002.jpg" width="479" align="baseline" height="320" /></p>
<p align="center"><em>Patents for Humanity trophies</em></p>
<p>This year marks the fourth cycle of the Patents for Humanity program. Previous awardees have improved lives worldwide. <a href="https://www.uspto.gov/patent/initiatives/patents-humanity/2016-award-recipients">Winners from the last round</a> include Case Western Reserve University, for a low-cost malaria detection device, and startup company GestVision, Inc., for a quick diagnostic test for preeclampsia, a potentially life-threatening pregnancy complication.</p>
<p>If your organization uses patented technology to help address basic human needs, we encourage you to participate. The USPTO will accept applications through December 8. Please submit your completed application online through the <a href="http://www.uspto.gov/patentsforhumanity">Patents for Humanity page of the USPTO website</a>. You can send any questions to <a href="mailto:patentsforhumanity@uspto.gov">patentsforhumanity@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/training_teachers_to_educate_the
Training Teachers to Educate the Next Generation of Entrepreneurs
USPTO
2017-08-31T06:04:36-04:00
2017-08-31T06:53:36-04:00
<p>Blog by Joe Matal, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO</p>
<p>As students are starting the school year, teachers are heading back with new lesson plans, some of which include intellectual property concepts. Last month, more than 50 K-12 educators from across the nation took part in the 4th Annual <a href="https://www.uspto.gov/learning-and-resources/outreach-and-education/national-summer-teacher-institute">National Summer Teacher Institute</a> (NSTI) on Innovation, STEM, and Intellectual Property. This year’s NSTI was hosted by the USPTO’s Office of Education and Outreach in Denver, Colorado in collaboration with the University of Denver’s Project X-ITE Team. NSTI is a week-long innovation and entrepreneurial boot camp designed to help teachers unleash the innovative potential of their students. </p>
<p align="center"><img style="HEIGHT: 338px; WIDTH: 518px" border="0" hspace="0" src="https://www.uspto.gov/blog/director/resource/NSTI1.jpg" width="518" align="baseline" height="338" /></p>
<p align="center"><em>Teachers participate in hands-on activities at NSTI</em></p>
<p>The central focus of this year's Institute was on the creation and protection of intellectual property. Educators were broken up into teams and took part in a wide range of hands-on activities designed to inspire and motivate America’s young innovators, entrepreneurs, and “makers”. These activities encouraged participants to seek innovative solutions to a broad set of problems ranging from food and cooking to sports, design, and protecting the environment. Teams were supported by IP subject matter experts from the USPTO and innovation professionals from industry, academia and government agencies. At the end of the event, teams pitched their inventions to a panel of esteemed judges led by Molly Kocialski, Director of the Rocky Mountain Regional U.S. Patent and Trademark Office in Denver, Colorado. </p>
<p>For students interested in science, technology, engineering, mathematics, computer science, innovation, and entrepreneurship, a strong understanding of the IP system is critical for success. The NSTI works to give teachers the tools and training they need to get students excited about innovation and IP protection. Teachers will now return to their communities ready to encourage students to innovate and invent. </p>
<p>This year’s class of educators now joins a growing network of NSTI grads dedicated to applying their training to improve their students’ understanding of the IP system. As past NSTI participant Yolanda Payne <a href="https://www.uspto.gov/learning-and-resources/kids-educators/introducing-past-nsti-participant-yolanda-payne">explained</a>, “Attending NSTI is a life changing experience. It is a lot of hard work, but it’s fun learning new things...At NSTI, you learn things you and your students will benefit from. It will make you a better teacher. Anything that captures students’ attention is winning for a teacher.”</p>
<p>Do you want to learn more about the experiences of past NSTI participants? Read about <a href="https://www.uspto.gov/learning-and-resources/kids-educators/introducing-past-nsti-participant-doug-scott">how a former athletics coach from Massachusetts lead his InvenTeam to the White House Science Fair</a> or about <a href="https://www.uspto.gov/learning-and-resources/kids-educators/introducing-past-nsti-participant-tracy-vassiliev">how a science teacher from Maine gets her students excited about innovation</a>.</p>
https://www.uspto.gov/blog/director/entry/avoiding_intellectual_property_theft_abroad
Avoiding Intellectual Property Theft Abroad
USPTO
2017-08-24T06:39:32-04:00
2017-08-24T06:39:32-04:00
<p>Guest blog by Director of the Texas Regional U.S. Patent and Trademark Office Hope Shimabuku</p>
<p>Overseas markets present some of the best economic opportunities for U.S. companies, and at the same time can pose some of the greatest risks <span style="FONT-SIZE: 11pt; FONT-FAMILY: "Calibri",sans-serif; LINE-HEIGHT: 107%">–</span> such as counterfeiting. According to a recently released <a href="https://www.whitehouse.gov/the-press-office/2017/08/14/fact-sheet-president-donald-j-trump-protects-american-intellectual">White House Fact Sheet</a> on protecting American intellectual property (IP), the annual cost to the U.S. economy from intellectual property (IP) theft, including counterfeiting, could be as high as $600 billion.</p>
<p>Many U.S. businesses, particularly small and medium-sized ones, are not aware that their U.S. patent or U.S. trademark is not enforceable in other countries. In fact, to their unpleasant surprise, some U.S. companies who have never done business abroad find themselves in an untenable position when foreign manufacturers copy their products, packaging, and business plans without their knowledge or authorization. Additionally, foreign counterfeiters steal product pictures, brochures, and logos from U.S. company websites and register such materials as their own. As a result, American companies not only face counterfeit issues abroad, but consequently are then vulnerable to counterfeit products entering the U.S. For these reasons, it’s vital that U.S. companies seek trademark and patent protection well in advance of doing business internationally and adapt strategies to prevent counterfeits.</p>
<p>To combat this problem, the USPTO works closely with other federal agencies to protect and enforce American IP rights abroad, and provides an array of tools and resources to assist U.S. businesses doing business overseas. Our <a href="https://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual">IP attachés</a> are one of our most valuable resources. Located at U.S. embassies, consulates, and missions across the world, IP attachés assist U.S. businesses in navigating foreign laws and regulations and advocate for U.S. positions with foreign governments. They also work hand in hand with the U.S. Commercial Service's commercial specialists, who are experts in trade and export regulations. In addition, the USPTO partners with the National Intellectual Property Rights Center, which includes 19 federal agencies, as well as international agencies such as Interpol, to provide a comprehensive response to IP theft. Finally, we staff a hotline through <a href="https://www.stopfakes.gov/welcome">STOPFakes.gov</a>, where the public can provide information on suspected counterfeit goods and get information on protecting their IP. To learn more about the risks of IP theft and counterfeits, watch the <a href="https://www.youtube.com/watch?v=_-yZ_Biy4IU&feature=youtu.be&list=PL9BtHzl4w-dmxrylJMQNX76ruvARIuW7s">Science of Innovation video</a> on anti-counterfeiting, made with NBC Learn.</p>
<p align="center"><img style="HEIGHT: 291px; WIDTH: 555px" border="0" hspace="0" alt="Anti Counterfeiting and the Global Marketplace" src="https://www.uspto.gov/blog/director/resource/counterfeitsmaller.jpg" width="555" align="baseline" height="291" /></p>
<p align="center"><em>Anti Counterfeiting & The Global Marketplace</em></p>
<p>On August 29, the Texas Regional U.S. Patent and Trademark Office, in coordination with the Dallas Bar Association and the U.S. Commercial Service, will host a daylong seminar, <a href="https://www.uspto.gov/about-us/uspto-locations/dallas-tx/anti-counterfeiting-and-global-marketplace">Anti-Counterfeiting and the Global Marketplace: How to Protect and Enforce IP While Expanding Trade</a>, in Dallas. Speakers will include the Honorable Eddie Bernice Johnson and the Honorable Pete Sessions of the U.S. House of Representatives, USPTO Commissioner for Trademarks Mary Boney Denison, as well as representatives from Customs and Border Protection and the private sector. Please join us for this exciting event.</p>
<p>The USPTO is committed to ensuring that IP continues to drive American innovation, and that American companies can compete and succeed domestically and in the international marketplace. Working with the U.S. Commercial Service and other partner agencies, we are dedicated to helping U.S. businesses secure and enforce their IP rights both domestically and abroad for the benefit of the U.S. economy.</p>
https://www.uspto.gov/blog/director/entry/dream_to_reality_helping_inventors
Dream to Reality – Helping Inventors Patent New Technologies
USPTO
2017-08-16T12:14:53-04:00
2017-08-16T12:14:53-04:00
<p><a href="https://www.commerce.gov/news/blog/2017/08/dream-reality-helping-inventors-patent-new-technologies">A blog about the USPTO from the Department of Commerce</a></p>
<p>Small businesses and independent inventors both serve a vital role in our nation’s economy. And, helping those with limited resources is an important goal of the United States Patent and Trademark Office (USPTO).</p>
<p>The USPTO’s <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/patent-pro-bono-program">Patent Pro Bono Program</a> provides free legal assistance to financially under-resourced inventors and small businesses interested in securing patent protection for their inventions. Inventors then bring their inventions to market <span style="FONT-SIZE: 11pt; FONT-FAMILY: "Calibri",sans-serif">–</span> helping to grow the economy and turn their dreams into reality.</p>
<p align="center"> <img style="HEIGHT: 350px; WIDTH: 524px" border="0" hspace="0" alt="John Kirkpatrick, Associate Pro Bono Coordinator" src="https://www.uspto.gov/blog/director/resource/probonojohn.jpg" width="524" align="baseline" height="350" /></p>
<p align="center"><em>John Kirkpatrick, Associate Pro Bono Coordinator and Staff Attorney, USPTO</em></p>
<p>In every patent, there’s a story. Take for example Travis Kelley, from Backus, MN. Travis invented a <a href="http://pdfpiw.uspto.gov/.piw?Docid=08677636">simple but effective device</a> to take the guesswork out of home door installations. He couldn’t afford to hire an attorney and filed a provisional patent application on his own. After learning about USPTO’s pro bono program, he applied and received legal representation. His patent was issued in 2014.</p>
<p>Today, Travis and his wife Jennifer run a small business called JenTra Tools. Having sold thousands of units per year, JenTra is now moving into new markets to expand its customer base.</p>
<p>Then there is Deborah Campbell, from Grand Junction, CO, who developed a <a href="http://pdfpiw.uspto.gov/.piw?Docid=09345265">sushi-making machine</a> <span style="FONT-SIZE: 11pt; FONT-FAMILY: "Calibri",sans-serif">–</span> that can churn out sushi rolls in just two minutes <span style="FONT-SIZE: 11pt; FONT-FAMILY: "Calibri",sans-serif">–</span> after years of designing and prototyping. She received pro bono assistance from the law firm of Merchant and Gould through Mi Casa Women’s Business Center in Denver. Find out more about her journey to sushi success in the recent article from <a href="https://www.uspto.gov/learning-and-resources/newsletter/inventors-eye/two-minutes-sushi-success">Inventors Eye</a>.</p>
<p>Glenn Vogel, a custom metal worker and father of three from Evergreen, CO, also received assistance through Mi Casa. In 2015, thanks to a volunteer attorney and the pro bono program, Glenn patented a customizable <a href="http://pdfpiw.uspto.gov/.piw?Docid=09078516">wine storage rack</a> and saw his revenue increase by 20 percent.</p>
<p>Regional patent pro bono programs not only support local inventors, but are also a way for patent practitioners to give back to their community. To date, more than 1,000 practitioners have volunteered their availability, time and resources. However, in order to assist even more independent inventors, entrepreneurs and small businesses, the <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/attorneys">USPTO welcomes even more practitioners to participate</a>.</p>
<p>Visit the <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources">USPTO website</a> to learn more about available resources for both inventors and entrepreneurs.</p>
https://www.uspto.gov/blog/director/entry/federal_agencies_tackling_trademark_scams
Federal Agencies Tackling Trademark Scams
USPTO
2017-08-02T13:02:49-04:00
2017-08-02T13:02:49-04:00
<p>Guest Blog by Commissioner for Trademarks Mary Boney Denison</p>
<p>Some trademark applicants and registrants have paid fees to private companies while mistakenly thinking they were paying fees required by the USPTO. To combat this problem, last week, the USPTO co-hosted its first ever <a href="https://www.uspto.gov/learning-and-resources/ip-policy/fraudulent-solicitations-trademark-owners">public roundtable on fraudulent solicitations</a> with the Trademark Public Advisory Committee. The objectives of the event were to educate the public about the problem of misleading or fraudulent advertisements for trademark services, to learn more about what other government agencies were doing, and to brainstorm new ideas for tackling this complex issue.</p>
<p>Joe Matal, who is performing the duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, spoke at this roundtable, as well as 11 public speakers and 7 federal speakers from the USPTO, U.S. Department of Justice (DOJ), U.S. Postal Inspection Service (USPIS), Federal Trade Commission (FTC), Small Business Administration (SBA) and U.S. Customs and Border Protection (CBP). Matal urged all of the participants to “work together to corral and fix this problem.”</p>
<p align="center"><img style="HEIGHT: 377px; WIDTH: 562px" border="0" hspace="0" src="https://www.uspto.gov/blog/director/resource/FraudulentTMroundtable.jpg" width="562" align="baseline" height="377" /></p>
<p align="center"><em>Mary Denison and Joe Matal at the Public Roundtable on Fraudulent Trademark Solicitations</em></p>
<p>The USPTO has worked closely in the past with other federal agencies on criminal prosecutions for fraudulent trademark solicitations. During the roundtable, representatives from DOJ and USPIS spoke about the recent criminal convictions in California of five individuals, including employees of a bank, who ran a lucrative trademark scam and knowingly laundered the proceeds. Two have been sentenced and the remaining three are scheduled for sentencing in August. To learn more about this case and the USPTO’s role in it, <a href="https://www.uspto.gov/blog/director/entry/uspto_fights_fraudulent_trademark_solicitations">read my blog from December 2016</a>.</p>
<p>Trademark scams range from offers to file renewal and maintenance documents, to offers to record marks with U.S. Customs and Border Protection, to monitoring services, to recordation in useless databases. Some of the scammers take consumers’ money and deliver nothing. For instance, during the roundtable, the American Intellectual Property Law Association cited an example of a restaurant that mistakenly paid a scammer to file maintenance documents for a registration. The restaurant relied on the assumption that the filing would be made. Only when the restaurant sought legal counsel about enforcement against an infringer did it learn that the scammer filed nothing and the registration had been cancelled. Others scammers actually perform work but at exorbitant prices. One speaker at the roundtable had filed three civil law suits against different scammers.</p>
<p>At the USPTO, we offer warnings in trademark application filing receipts, in emails transmitting office actions, and with registration certificates. On the <a href="https://www.uspto.gov/trademarks-getting-started/caution-misleading-notices">informational page of the USPTO website on trademark solicitations</a>, customers can watch a brief video on how to identify misleading notices, and see a list of fraudulent entities we’ve already identified. For further information, customers can consult our <a href="https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf">Basic Facts Booklet</a> on protecting trademarks, or contact us directly at <a href="mailto:TMFeedback@uspto.gov">TMFeedback@uspto.gov</a>. While the USPTO lacks the power to file lawsuits against the scammers, we have issued cease and desist letters against them and pursued others for unauthorized practice of law. </p>
<p>Anyone who receives a fraudulent trademark solicitation should <a href="https://www.consumer.ftc.gov/media/video-0054-how-file-complaint">file a complaint online</a> with the Federal Trade Commission or call 1-877-FTC-HELP. This is key in order to help the government tackle the ongoing solicitation problem, and USPIS and DOJ use the FTC complaint reports to decide which companies to pursue criminally. When filing a complaint, customers should include the solicitation and the envelope with the postmark, as well as a copy of the front and back of any cancelled check paid to a scammer when applicable. Scammers should be reported to the FTC as soon as possible because they frequently change mail drop addresses and other traceable information (often monthly), and delay can hinder or preclude criminal investigations. Note that lawyers can also report solicitations for their clients. The FTC has additional information on <a href="https://www.consumer.ftc.gov/blog/scammers-can-be-inventive">scammers</a> and <a href="https://www.consumer.ftc.gov/articles/0048-government-imposter-scams">government imposters</a> on its website. </p>
<p>The USPTO continues to work hard to fight solicitations from companies fraudulently promising to protect trademarks. We plan to issue a report on our findings from the roundtable and will continue to collaborate with other federal agencies to educate the public on this issue and identify those responsible.</p>
https://www.uspto.gov/blog/director/entry/inspiring_young_minds_to_be
Inspiring Young Minds to be Innovators and Pursue their Dreams
USPTO
2017-08-01T13:31:15-04:00
2017-08-02T07:42:14-04:00
<p>Blog by Joe Matal, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO</p>
<p>At <a href="http://campinvention.org/">Camp Invention</a>, almost two million students have explored their own innate creativity, inventiveness and entrepreneurial spirit in a week-long day camp program that’s been running annually since 1990. Currently held at more than 1,400 sites in 50 states for kindergarten through 6th grade, these students are learning how to think big, be innovators and pursue their dreams.</p>
<p>Camp Invention is a partnership between the United States Patent and Trademark Office (USPTO) and the National Inventors Hall of Fame. The program includes a robust STEM (science, technology, engineering and mathematics) curriculum while also providing insights into the role of patents and trademarks in innovation. Children develop questions, collect data, draw conclusions and apply new knowledge, while tackling hands-on challenges. </p>
<p>Recently, I had the chance to visit Camp Invention at Hyattsville Elementary in Maryland. I was especially impressed by how they were coming up with new product ideas and building original prototypes using real tools and components found in everyday devices. But beyond that, they had also thought through how they were going to brand and market an item and how they would protect their innovation by applying for a patent and trademark. I was inspired by their enthusiasm and inventive thinking.</p>
<p align="center"><img style="HEIGHT: 331px; WIDTH: 488px" border="0" hspace="0" src="https://www.uspto.gov/blog/director/resource/campinvention1500.jpg" width="488" align="baseline" height="331" /></p>
<p align="center">Photo of Joe Matal at Camp Invention in Hyattsville, Maryland</figcaption /></p>
<p>Camp Invention is unique because it provides an exciting environment with no wrong answers, a chance to brainstorm with peers and an opportunity to build confidence in the natural ability to dream and create. On a given day, students might learn about such things as terraforming exoplanets, building an air cannon, exploring circuits and electronics or presenting their new invention to mock investors. </p>
<p>Each year, one Camp Invention student is selected through the “Mighty Minds” contest for an all-expense paid trip to attend the National Inventors Hall of Fame Induction Ceremony held every year in Washington, DC. This year, the winner was 9-year-old <a href="http://www.invent.org/inspire/mighty-minds-winner-2017/">Mya Sewell of Grayson, GA</a>, who has attended Camp Invention for several years. She says she wants to be a scientist or inventor because, “it gives me the freedom to experiment with things without anybody telling me what to do.” <a href="https://www.youtube.com/watch?v=Fi40CpLDyTk">Learn more</a> about her experience interacting with prominent inventors at this year's induction ceremony on May 4.</p>
<p>In addition to Camp Invention, the USPTO also works with the National Inventors Hall of Fame on the <a href="http://collegiateinventors.org/">Collegiate Inventors Competition</a>, a program designed to allow undergraduate and graduate students to showcase their emerging ideas and inventions that will shape our future. The finalists are judged by a team of inductees from the National Inventors Hall of Fame and USPTO subject-matter experts, and then honored at the USPTO. Winners enjoy over $100,000 in cash prizes and an all-expense paid trip to Washington, DC. </p>
<p>Through the USPTO’s partnerships with youth programs, such as Camp Invention and Collegiate Inventors, we hope to inspire future innovators and encourage creativity and problem-solving skills to enable the next generation to achieve the American Dream.</p>
https://www.uspto.gov/blog/director/entry/new_report_presents_viewpoints_on
New Report Presents Viewpoints on Patent Subject Matter Eligibility
USPTO
2017-07-25T10:09:24-04:00
2017-07-25T10:09:24-04:00
<p>Blog by Joe Matal, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO</p>
<p>This week, the USPTO published a <a href="https://www.uspto.gov/sites/default/files/documents/101-Report_FINAL.pdf">new report</a> synthesizing public comments on an important question for innovators in a wide variety of industries: What are the appropriate boundaries of <a href="https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility">patent eligible subject matter</a>? </p>
<p>Between 2010 and 2014, four opinions issued by the U.S. Supreme Court—Bilski, Mayo, Myriad, and Alice—significantly affected patent eligibility law. Following these rulings, the USPTO <a href="https://www.uspto.gov/blog/director/entry/update_to_examiner_guidance_on">provided updated guidance to patent examiners</a>, initiated a nationwide conversation on patent subject matter eligibility through a series of events and roundtables, and has now published a report presenting what we have learned from the public on this important issue. Some have raised concerns that the heightened bar for patent subject matter eligibility that resulted from these decisions has undermined the ability of intellectual property (IP) intensive industries to secure rights and investments in their innovations. Others have applauded the rulings for providing a useful tool in flushing out patents on technologies that they feel should not be patentable.</p>
<p align="center"><img style="HEIGHT: 306px; WIDTH: 489px" border="0" hspace="0" alt="U.S. patent" src="https://www.uspto.gov/blog/director/resource/20170404_patent_019-1500px.jpg" width="489" align="baseline" height="306" /></p>
<p align="center"><em>U.S. Patent</em></p>
<p>In 2016, the USPTO convened two roundtables and issued a request for public comments on the topic of patent subject matter eligibility. The <a href="https://www.uspto.gov/patent/patent-subject-matter-eligibility-roundtable-1">first roundtable</a> was held November 14, 2016, at USPTO headquarters in Alexandria, Virginia, and the <a href="https://www.uspto.gov/patent/initiatives/patent-subject-matter-eligibility-roundtable-2">second roundtable</a> was held December 5, 2016, in Stanford, California. All four USPTO regional offices also participated in the events via webcast.</p>
<p>Much of the feedback we received highlighted the complexities of determining the appropriate boundaries of patent subject matter eligibility. Commenters confirmed that the recent Supreme Court cases have significantly changed the standards for determining patent subject matter eligibility. Several commenters expressed concern that these decisions have created inconsistency, uncertainty, and unpredictability in the issuance and enforcement of patents, particularly in the life sciences, software, and e-commerce industries.</p>
<p>A diverse group of representatives from academia, industry, law firms, and legal associations proposed legislative changes aimed at reversing the recent trend in the law and restoring, in their view, a more appropriate dividing line between eligible and ineligible subject matter. In contrast, a sizable portion of representatives from the software industry argued that the Court’s two-step test provides an appropriate standard for patent subject matter eligibility. This group cautioned against legislative redress and instead recommended that the common law should be allowed to evolve.</p>
<p>The useful feedback that we gathered from the public over the past months will help ensure that we understand the views and concerns of the innovation community. As the world’s most innovative economy, the United States relies on IP to support economic growth and business development. A healthy patent system that fuels research and development of innovative technologies is a critical component of our nation’s robust system of IP rights. Given the link between a healthy patent system and our nation’s economy, the contours of patent subject matter eligibility are of great concern to the USPTO and the IP community.</p>
https://www.uspto.gov/blog/director/entry/3d_printing_a_new_industry
3D Printing – a New Industry Made in America
USPTO
2017-07-17T13:09:44-04:00
2017-07-17T13:09:44-04:00
<p><a href="https://www.commerce.gov/news/blog/2017/07/3d-printing-new-industry-made-america">A blog post about the USPTO from the Department of Commerce</a></p>
<p>Increasingly, we’re seeing the products of additive manufacturing – better known as 3D printing – all around us: in retail stores, in classrooms, and even in medical technologies.</p>
<p>The U.S. Patent and Trademark Office (USPTO) received over 8,000 patent applications last year alone in the field of additive material technologies. These represent a range of products – from household items to prosthetics – that are being manufactured with 3D printing and are having a positive impact on people’s lives and the economy.</p>
<p>One of the founding minds in 3D printing is National Inventors Hall of Fame inductee <a href="http://www.invent.org/honor/inductees/inductee-detail/?IID=499">Charles Hull</a>. Troubled how long it could take to create a prototype of a new device or tool, he created stereolithography in the 1980s, the first commercial rapid prototyping technology, now known as 3D printing. In recent years, the growth and popularity of 3D printers has skyrocketed, as they are increasingly being used by small businesses, hobbyists and entrepreneurs because of their speed and accuracy. <a href="https://www.nasa.gov/content/international-space-station-s-3-d-printer">There is now even a 3D printer on the International Space Station</a>. </p>
<p align="center"><em><img style="HEIGHT: 375px; WIDTH: 561px" border="0" hspace="0" alt="Additive Manufacturing Partnership Meeting at the USPTO" src="https://www.uspto.gov/blog/director/resource/3d1200.jpg" width="561" align="baseline" height="375" /></em> </p>
<p align="center">Additive Manufacturing Partnership Meeting at the USPTO</p>
<p>Exciting advances are being made with 3D bioprinting, a method of using 3D printing to create new tissues and organs. The USPTO works with the <a href="http://www.invent.org/">National Inventors Hall of Fame</a> in running the annual Collegiate Inventors Competition, which has showcased the next generation of 3D printing innovation, such as <a href="http://www.invent.org/challenge/past-winners/">previous graduate school winner Dave Kolesky</a> for 3D bioprinting of vascularized human tissue. Learn more about 3D bioprinting in the USPTO’s <a href="https://www.youtube.com/watch?v=FjjYHwwT73k">Science of Innovation video</a>, produced by NBC Learn. </p>
<p>The USPTO plays an important role in supporting American businesses in new and growing industries to get new products and technologies to the marketplace faster. This ultimately drives innovation and creates new jobs for American workers, benefitting consumers and manufacturers alike.</p>
<p>Lastly, to stay ahead of the curve in new areas, the agency partners with private industry in other areas such as cyber security and bioscience, all while providing the most up-to-date technical training to patent examiners who examine these new technologies every day.</p>
https://www.uspto.gov/blog/director/entry/elijah_j_mccoy_midwest_regional
Elijah J. McCoy Midwest Regional U.S. Patent and Trademark Office – 5 Years Supporting Innovation
USPTO
2017-07-13T06:14:45-04:00
2017-07-13T06:14:45-04:00
<p>Blog by Joe Matal, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Christal Sheppard, Director of the Midwest Regional Office</p>
<p>When the USPTO set out to open regional offices, our goals were to create hubs of innovation and creativity, protect and foster American innovation in the global marketplace, help businesses cut through red tape, and create hundreds of jobs in the local communities. As we celebrate Detroit’s 5 year anniversary today, we’re happy to report that we’ve done just that.</p>
<p>The <a href="https://www.uspto.gov/about-us/uspto-locations/detroit-michigan">Elijah J. McCoy Midwest Regional Office</a> in Detroit led the way as our first regional office. A variety of factors led us to choose Detroit, including an international border, multiple world class universities where we could recruit patent examiners, an economy that had seen its share of hardship, and a creative and innovative environment. Not long after the Midwest Regional Office opened, we followed up with three more regional offices, in Denver, San Jose, and Dallas. </p>
<p align="center"><img style="HEIGHT: 378px; WIDTH: 564px" border="0" hspace="0" alt="Elijah J. McCoy Midwest Regional U.S. Patent and Trademark Office" src="https://www.uspto.gov/blog/director/resource/Detroit1.jpg" width="564" align="baseline" height="378" /></p>
<p align="center"><span style="FONT-SIZE: 11pt; FONT-FAMILY: "Calibri",sans-serif"><em>Elijah J. McCoy Midwest Regional U.S. Patent and Trademark Office</em></span></p>
<p>Since opening in 2012, the Midwest Regional Office has granted more than 10,000 patents, and outreach efforts have reached nearly 37,500 members of our community. We are especially proud of the outreach to educators and students, which have allowed us to hold innovation challenges and help incorporate science, technology, engineering and math (STEM) education and intellectual property concepts into classrooms. We’ve worked to cut through red tape, enabling inventors and small businesses to walk into any of the four regional offices, use the public search facility, and easily get their questions answered. In addition, intellectual property practitioners can conduct examiner interviews or participate in Patent Trial and Appeal Board (PTAB) hearings either in person or remotely using video conferencing. </p>
<p>Regional offices enable us to receive input from a greater cross-section of our community, including inventors, innovators, and entrepreneurs in a variety of industries and technologies. This is essential if we are to best serve our customers and promote American innovation across all geographic regions in the country. </p>
<p>Our regional offices also provide jobs for the local community. Currently, there are 102 employees in the Midwest Regional Office, which include eight classes of examiners, as well as PTAB judges, outreach officer, and support staff. And if you add in employees of the other regional offices, the total is over 400 employees bringing the resources of the USPTO to the public. Additionally, since the regional offices provide training and services to our nationwide workforce, we are able to save time and resources as employees do not have to return to our headquarters as frequently.</p>
<p>Amazing things are happening in Detroit, and we are proud of the important role that the USPTO is playing in the revival of this great American city. It’s been especially exciting to see how we’ve been able to connect with small businesses and individual inventors and make an impact in the community. Here’s to another 5 years, and beyond.</p>
https://www.uspto.gov/blog/director/entry/one_year_on_developments_in
One Year On: Developments in the Protection of Trade Secrets
USPTO
2017-06-29T07:30:37-04:00
2017-08-24T12:27:19-04:00
<p>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter </p>
<p>U.S. businesses own an estimated $5 trillion worth of <a href="http://www.youtube.com/watch?v=1dXA5A4l0Rg">trade secrets</a>. Their theft, involving losses in the tens or possibly hundreds of billions of dollars a year, poses a serious threat to our nation’s economy. Because the protection of trade secrets — which by their nature are not patented or publicly disclosed — is critical to the commercial viability of many U.S. businesses, Congress passed the <a href="https://www.congress.gov/114/plaws/publ153/PLAW-114publ153.pdf">Defend Trade Secrets Act of 2016</a>. The law provides trade secret owners with a federal civil cause of action, rather than limiting them to state laws or criminal enforcement.</p>
<p>Last month, one year after enactment of the law, the USPTO convened a public symposium on “Developments in Trade Secret Protection.” The event brought together nearly 200 participants, at the USPTO’s headquarters in Alexandria Virginia, and via live webcast to individuals and the USPTO’s four regional offices.<br />The symposium consisted of four panels focused on various aspects of trade secret protection. The first panel, of business economists, discussed recent trends, including how to estimate the value of trade secrets and calculate damage awards in litigation, and how calculating damages in trade secret cases differs from cases involving other forms of intellectual property.</p>
<p>The second panel, a group of attorneys, addressed the use of the Defend Trade Secrets Act in practice, including the provisions for ex parte seizure of stolen trade secrets. The third panel, with participants from academia, private practice, and the World Intellectual Property Organization, examined the differing ways in which other countries have implemented trade secret protection and identified the elements that make up an effective regime. The final panel brought together participants from private practice, the U.S. government, and U.S. Chamber of Commerce to role-play as a corporate legal team called on to consider enforcement options for dealing with a case of trade secret misappropriation occurring overseas.</p>
<p>The practical information exchanged at the symposium should help governments and trade secrets owners improve protection for this valuable form of intellectual property in the United States and abroad. In helping to take forward the federal government’s <a href="https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/IPEC/2016jointstrategicplan.pdf">2017–2019 Joint Strategic Plan on Intellectual Property Enforcement</a>, the USPTO will continue its work to promote the adoption of effective systems of trade secret protection and enforcement around the world. Videos of all four sessions of the trade secret symposium are posted to the <a href="https://www.uspto.gov/patents-getting-started/international-protection/trade-secret-policy">Trade Secret Policy page</a> of the USPTO website, as well as additional useful information about the protection of trade secrets.</p>
https://www.uspto.gov/blog/director/entry/update_on_global_trademark_harmonization
Update on Global Trademark Harmonization
USPTO
2017-06-13T07:06:12-04:00
2017-06-13T07:06:12-04:00
<p>Guest blog by Commissioner for Trademarks Mary Denison</p>
<p>In late May, I attended the TM5 mid-term meeting in Barcelona hosted by the European Union Intellectual Property Office (EUIPO). The <a href="http://tmfive.org/">TM5</a> is a strategic cooperation group of the five largest trademark offices in the world including the USPTO, EUIPO, China (SAIC), Japan (JPO), and Korea (KIPO). I gave a <a href="https://www.uspto.gov/blog/director/entry/five_largest_trademark_offices_hold">blog update last year</a> on the TM5 meeting we hosted at the USPTO, and I’m happy to report we have continued making headway this year towards global trademark harmonization.</p>
<p align="center"><img style="HEIGHT: 261px; WIDTH: 453px" border="0" hspace="0" alt="TM5 Leadership" src="https://www.uspto.gov/blog/director/resource/TM5groupshot-sm.jpg" width="453" align="baseline" height="261" /></p>
<p align="center"><em>TM5 Leadership</em></p>
<p>The TM5 seeks to facilitate and harmonize trademark filings within its members, as well as other trademark offices around the world. The work of the TM5 is structured through cooperative projects designed to improve users’ interactions with national trademark offices and the World Intellectual Property Organization (WIPO). These projects include, among others, the Common Status Descriptors project, the Identification project, and the Indexing of Non-Traditional Marks project. </p>
<p><u>Common Status Descriptors (CSD)</u></p>
<p>The CSD Project is designed to assist trademark owners and other interested parties in understanding the status of their applications and registrations in other offices, whether or not they understand the language, by using icons and common terms. In the past, partners have used terms to describe the status of applications and registrations that may be confusing to users outside their country or may not have been understandable without knowledge of the local language. While partners will continue to use terminology specific to their offices, they have now agreed to implement a series of Common Status Descriptors which will use icons and a second set of terms common to all of the partners. </p>
<p align="center"><em><img style="HEIGHT: 227px; WIDTH: 489px" border="0" hspace="0" alt="CSD Examples" src="https://www.uspto.gov/blog/director/resource/CSD-icons.png" width="489" align="baseline" height="227" /></em></p>
<p align="center"><em>CSDs for Live Application/Published for Opposition and Dead Registration/Expired</em></p>
<p>These icons and common terms were implemented by the USPTO in 2015 and have now been implemented by EUIPO, JPO, and SAIC. KIPO plans to implement the icons and common terms by the end of calendar year 2017. <a href="https://www.uspto.gov/sites/default/files/documents/CSD.pdf">View all icons and common terms</a>.</p>
<p><u>Identification Project (ID Project)</u></p>
<p>For global trademark filers, one bottleneck in applying in multiple jurisdictions has been the differing national practices in accepted application wording to identify the goods and services on which a mark will be used. To attempt to alleviate that bottleneck, the USPTO used the success of the U.S. ID Manual as an inspiration to create a harmonized TM5 ID List. To date the TM5 partners have agreed on more than 17,000 terms they will all accept. Applicants can determine whether a good or service has been agreed upon by the TM5 members by consulting the <a href="https://tmidm.uspto.gov/id-master-list-public.html">USPTO’s Manual of Acceptable Goods and Services</a>. For example, if you search for the term “golf shoes,” you will see it is marked with a “T” meaning that it acceptable to all TM5 members.</p>
<p>The USPTO has also solicited participation in the project from a number of countries outside the TM5 members, and we are delighted to report that Colombia, Chile, Mexico, and Singapore have now each accepted more than 10,000 terms. Other current participants include Canada, the Philippines, and the Russian Federation, and we are seeking participation from a number of additional countries throughout the world.</p>
<p><u>Indexing of Non-Traditional Marks Project (INTM Project)</u></p>
<p>Non-traditional marks include three-dimensional, sound, single color, tactile, holographic, scent, movement marks, and more—basically all marks that include elements other than character data (words, letters, numerals, etc.) and designs. Trademark professionals have long acknowledged the difficulty in searching for non-traditional marks in the United States and around the world. Most national offices use the WIPO Vienna Classification System, or some variation thereof, to index the design elements in a trademark application. That system does not provide specific codes to index the elements of a non-traditional mark. The TM5’s INTM Project is designed to improve and potentially harmonize the TM5 Partners’ methods of searching for non-traditional trademarks.</p>
<p>We have worked to identify which member countries accept which types of non-traditional marks, and next we will determine how they index them. Once we have that information, the TM5 will move forward to determine best practices, with the potential for agreeing to a common standard amongst the TM5 and perhaps other national offices.</p>
<p>The USPTO is proud to play an important part in facilitating and harmonizing trademark filings throughout the world. The projects that USPTO is leading, along with other projects led by the other TM5 member countries, will contribute to a more streamlined global trademark system going forward.</p>
https://www.uspto.gov/blog/director/entry/spotlight_on_angela_nguyen_primary
Spotlight on Primary Patent Examiner Angela Nguyen
USPTO
2017-05-22T11:28:21-04:00
2017-05-31T08:11:48-04:00
<p><a href="https://www.commerce.gov/news/blog/2017/05/spotlight-commerce-angela-nguyen-primary-patent-examiner-us-patent-and-trademark">A post about the USPTO from the Department of Commerce</a></p>
<p>Ed. note: This post is part of the Spotlight on Commerce series highlighting the contributions of current and past members of the Department of Commerce during Asian-American and Pacific Islander (AAPI) Heritage Month.</p>
<p>Guest blog post by Angela Nguyen, Primary Patent Examiner, U.S. Patent and Trademark Office</p>
<p align="center"><em><img style="HEIGHT: 395px; WIDTH: 541px" border="0" hspace="0" src="https://www.uspto.gov/blog/director/resource/angelanguyen.jpg" width="541" align="baseline" height="395" /></em></p>
<p align="center"><em>Angela Nguyen, APANET President (second from left) with APANET executive board members Nasir Ahmed, Susannah Chung, and Harshad Patel</em></p>
<p>As a Primary Patent Examiner at the U.S. Patent and Trademark Office (USPTO), I am responsible for delivering high quality and timely examination of patent applications in computer networking at the USPTO, but I also promote diversity, professional development, and outreach as a board of director for various affinity groups. Currently, I serve as President of the Asian Pacific American Network (APANET) at the USPTO, and with approximately 900 members, it is the largest affinity group in the federal government.</p>
<p>Reflecting back on my path to public service, I believe my parents have been my greatest influence. They fled war torn Vietnam to start a new life in the U.S. where they found freedom, safety, a better life for themselves and more opportunities for their children. They faced challenges such as learning English as a second language, overcoming cultural barriers, and facing the pain of leaving their families indefinitely. Most importantly, they instilled in me the values of hard work, ambition, commitment, family, love, respect, and empathy.</p>
<p>During the last few days of the Vietnam War, my parents escaped separately and were reunited through the help of Americans at a refugee camp in Arkansas. They acquired engineering degrees in Texas, where I was born, and we later moved to Orlando, where they pursued their careers. While attending the University of Central Florida in Orlando, I found that I also had an interest in science, math, and technology, and graduated with a degree in computer engineering. During college, I worked as a computer technician for a wholesale computer retail and consulting company and a junior software developer intern for a defense contractor, which inspired me to apply and work as a computer engineer for the Navy. Upon graduation, I moved to Virginia to work for the Navy, and during that time, I earned my master’s degree in systems engineering at George Mason University.</p>
<p>I’ve always been very active in extracurricular activities and affinity groups, so when I joined the USPTO, I became involved as a board member with the Patent and Trademark Office Society (PTOS) and APANET. These groups have provided a valuable way to connect with others at the agency and also give back.</p>
<p>My parents instilled strong values in me from a young age. They have taught me the value of hard work and dedication, which are reflected in my work as a Federal employee. I am honored to be in public service and feel privileged to work at such a diverse agency. As a board member of both APANET and PTOS, I hope I can lead by example and encourage not only Asian American and Pacific Islanders, but all federal employees to get involved and active in their agencies.</p>
https://www.uspto.gov/blog/director/entry/2017_inventors_hall_of_fame
2017 Inventors Hall of Fame Inductees Honored at the National Building Museum
USPTO
2017-05-09T06:44:44-04:00
2017-05-09T06:44:44-04:00
<p><a href="https://www.commerce.gov/news/blog/2017/05/2017-inventors-hall-fame-inductees-honored-national-building-museum">A blog about the USPTO from the Department of Commerce</a></p>
<p>On May 4, the United States Patent and Trademark Office (USPTO) inducted fifteen of America’s greatest innovators into the National Inventors Hall of Fame. Held at the National Building Museum in Washington, D.C., CBS News correspondent and television personality Mo Rocca moderated the event, Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee gave remarks, and Commissioner for Patents Drew Hirshfeld presented induction medals. Seven living inventors were inducted, and another eight were named posthumously.</p>
<p>Director Lee lauded the new inductees, stating, “Among them all, tonight's Inductees, collectively, hold almost 550 patents. In and of itself that’s an impressive number. But more impressive are the innovations behind those patents. They have transformed how we communicate; how we manufacture; how we remember; and even how we explore the vast reaches of space.” </p>
<p align="center"><img style="HEIGHT: 370px; WIDTH: 496px" border="0" hspace="0" alt="2017 National Inventors Hall of Fame inductees" src="https://www.uspto.gov/blog/director/resource/2017induction.jpg" width="496" align="baseline" height="370" /></p>
<p align="center"><em>2017 National Inventors Hall of Fame inductees and prior winners</em></p>
<p>This year’s class of inductees includes Beatrice Hicks, inventor of a device for sensing gas density used in the ignition systems that launched the Apollo moon missions; Marshall G. Jones, a pioneer in using lasers for industrial materials processing; Tom Leighton and Daniel Lewin for a content delivery network for a faster internet; and Carolyn Bertozzi, a pioneer in DNA-cell conjugates. <a href="http://www.invent.org/honor/inductees/">Learn more and watch a video on the inspiring work of all the inductees</a>.</p>
<p>Since 1973, the USPTO has partnered with the nonprofit <a href="http://invent.org/inductees/2016/">National Inventors Hall of Fame</a>, an organization that also educates more than 100,000 grade-school and middle-school students every year through interactive programs such as <a href="http://campinvention.org/">Camp Invention</a>. To be inducted into the National Inventors Hall of Fame, one must hold a U.S. patent, as well as contribute significantly to the nation's welfare and the advancement of science and the useful arts.</p>
<p>The induction ceremony on May 4 was part of a series of events to honor both the new and previous inductees, which kicked off with an illumination ceremony on May 3 at the <a href="https://www.uspto.gov/about-us/uspto-locations/alexandria-va/national-inventors-hall-fame-and-museum">National Inventors Hall of Fame Museum</a> on the USPTO campus in Alexandria, Virginia.</p>
https://www.uspto.gov/blog/director/entry/intellectual_property_resources_for_small
Intellectual Property Resources for Small Businesses
USPTO
2017-05-08T06:10:07-04:00
2017-05-08T12:30:59-04:00
<p><a href="https://www.commerce.gov/news/blog/2017/05/intellectual-property-resources-small-businesses">A blog about the USPTO from the Department of Commerce</a>.</p>
<p>Helping small businesses and independent inventors with limited resources is an important goal of the U.S. Patent and Trademark Office (USPTO), as they serve a vital role in our country’s economy. The USPTO has several free or reduced fee programs to assist independent inventors and small businesses in securing patent protection for their inventions, including the Patent Pro Bono Program, Pro Se Assistance Program, and Certified Law School Clinic Program. In addition, the USPTO helps small businesses by offering reduced fees for micro entities, protecting U.S. companies’ intellectual property abroad, and fighting fraudulent trademark solicitations. </p>
<p>Under-resourced independent inventors and small businesses may secure free legal representation to help them protect their inventions through the USPTO’s <a href="http://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono">Patent Pro Bono Program</a>. Located across the country, each pro bono program matches independent inventors and small businesses with volunteer patent attorneys to help them navigate the process for obtaining a patent. To date, more than 800 attorneys have volunteered through the program, and in order to assist even more independent inventors, entrepreneurs and small businesses in 2017, <a href="https://www.uspto.gov/blog/director/entry/patent_pro_bono_volunteer_attorneys">the USPTO is looking for more attorneys to participate</a>.</p>
<p>Another way for small businesses to secure free legal services is through the <a href="https://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1">Law School Clinic Certification Program</a>. The USPTO has partnered with 45 law schools to offer programs through which law students draft and file either patent applications or trademark applications for clients under the supervision of law school faculty. Since its inception, over 2,700 law students have participated in the program and have filed more than 540 patent applications and more than 2,000 trademark applications for clients.</p>
<p align="center"><img style="HEIGHT: 264px; WIDTH: 437px" border="0" hspace="0" alt="Attorney advise Law School Clinic Certification Program students" src="https://www.uspto.gov/blog/director/resource/lawschoolcerficationprogrammeeting.jpg" width="437" align="baseline" height="264" /></p>
<p align="center"><em>USPTO attorneys advise Law School Clinic Certification Program students</em></p>
<p>Many independent inventors and small businesses file patent applications without the assistance of a registered patent attorney or agent—also known as "pro se" filing. The USPTO has tools to assist pro se filers, as well as a dedicated team available to answer filing questions and simplify the process. To learn more, visit the <a href="http://www.uspto.gov/patents-getting-started/using-legal-services/pro-se-assistance-program">Pro Se Assistance Program</a> page of the USPTO website or read a <a href="https://patentlyo.com/patent/2017/04/answering-assistance-uspto.html">recent blog on the positive impact the program has made</a>.</p>
<p>The USPTO also offers independent inventors and small businesses reduced patent filing fees for “micro entities” and “small entities.” Entities that meet the micro-entity requirements are eligible for a 75 percent reduction on most fees, and small entity status offers a 50 percent fee reduction. View the full <a href="http://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule">USPTO fee schedule</a>.</p>
<p>Independent inventors and small and medium-sized entities may lack the in-house resources and expertise they need to deal with foreign intellectual property (IP) regulations. The USPTO’s <a href="http://www.uspto.gov/ipattache">IP Attachés</a> are stationed at select U.S. embassies and consulates around the world, working directly with U.S. businesses on IP issues—including helping to stop counterfeiting and piracy—while supporting U.S. efforts to improve IP laws internationally. And today, looking after those IP assets is more important than ever: according to a recent estimate from the <a href="http://www.iccwbo.org/Advocacy-Codes-and-Rules/BASCAP/BASCAP-Research/Economic-impact/Global-Impacts-Study/">International Chamber of Commerce</a>, the global value of counterfeit and pirated products could be as high as $1.8 trillion a year. This represents a huge loss of revenue.</p>
<p>In addition, the USPTO protects U.S. businesses by fighting solicitations from companies fraudulently promising to protect trademarks. In order to limit the number of victims defrauded, the USPTO frequently informs customers of how to avoid these schemes, and has <a href="https://www.uspto.gov/trademarks-getting-started/non-uspto-solicitations">several online resources</a> alerting the public about the fraudulent entities that have already been identified. <a href="https://www.uspto.gov/blog/director/entry/uspto_fights_fraudulent_trademark_solicitations">Read about a recent case</a> where the USPTO partnered with other federal agencies to combat the problem. </p>
<p>These are only some examples of the many services the USPTO offers to help American inventors and small businesses protect their products and IP domestically and abroad. Visit the <a href="https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources">Inventors and Entrepreneurs page of the USPTO website</a> to learn about even more resources. </p>
https://www.uspto.gov/blog/director/entry/patent_pro_bono_volunteer_attorneys
Patent Pro Bono Volunteer Attorneys Assisting Inventors Across the Country
USPTO
2017-05-01T06:03:03-04:00
2017-05-01T07:59:33-04:00
<p>Guest blog by Commissioner for Patents Drew Hirshfeld and Deputy General Counsel William R. Covey</p>
<p>The USPTO has worked closely with intellectual property law associations to establish a network of independently operated regional Patent Pro Bono programs to provide under-resourced inventors and small businesses who lack the financial resources to file a patent application with legal assistance to secure protection for their inventions. Through these programs, those independent inventors and small businesses can connect with volunteer registered patent practitioners across the entire United States who can assist them with navigating the process for obtaining a patent. </p>
<p align="center"><em></em></p>
<p align="center"><em><img style="HEIGHT: 436px; WIDTH: 533px" border="0" hspace="0" alt="Coverage of the Patent Pro Bono program" src="https://www.uspto.gov/blog/director/resource/Probonoupdated.png" width="533" align="baseline" height="436" /></em></p>
<p align="center"><em>Coverage of the Patent Pro Bono Program</em></p>
<p>Needless to say, volunteer patent practitioners are integral to the success of the Patent Pro Bono Program, and we wish to thank them for their time and dedication. Participation requires a tremendous amount of commitment on the part of the volunteer patent practitioners, who are already heavily involved in the rigors of daily patent prosecution activities for their paying clients. The volunteer practitioners are tasked with the challenge of balancing their existing work load and providing the additional time needed to support and assist their pro bono clients. Even faced with these demanding constraints, to date, over 800 patent professionals have volunteered their availability, time and resources to help make the Patent Pro Bono Program a success. <a href="https://www.uspto.gov/blog/director/entry/five_years_of_patent_pro">Read more</a> about the inventors and entrepreneurs who have taken advantage of the program.</p>
<p>To encourage future participation in the program and to acknowledge those that have provided their services in support of the program, the USPTO is pleased to announce a Certificate Recognition Program for 2017. For those volunteer patent practitioners who report 50 or more hours of patent pro bono service in 2017 to their regional Patent Pro Bono Program administrators, the USPTO will provide them with a certificate recognizing their accomplishment and will add their names, with their consent, to the <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/attorneys">Patent Pro Bono Program of the USPTO website</a>. </p>
<p>Providing patent filing and prosecution services, pro bono, supports patent quality and ensures that no worthwhile invention is left unexamined due to lack of financial resources. For more information on participating or volunteering for the program, visit the <a href="https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/patent-pro-bono-program">Patent Pro Bono page of the USPTO website</a> and click on your state to identify your regional program, or email <a href="mailto:probono@uspto.gov">probono@uspto.gov</a>. Through the Patent Pro Bono Program and the hard work of patent pro bono practitioners, we look forward to assisting even more independent inventors, entrepreneurs and small businesses in 2017.</p>
https://www.uspto.gov/blog/director/entry/patents_and_trademarks_of_world
Patents and Trademarks of World War One
USPTO
2017-04-28T05:55:50-04:00
2017-04-28T07:02:22-04:00
<p align="left"><a href="https://www.commerce.gov/news/blog/2017/04/patents-and-trademarks-world-war-one">A blog about the USPTO from the Department of Commerce</a>.</p>
<p>This month marks the centennial of the United States’ entry into World War I on April 6, 1917, and the U.S. Patent and Trademark Office (USPTO) has taken a look back into its archives of patents and trademarks from that era.</p>
<p>World War I, and the years that came after it, resulted in a surge of American ingenuity and technological innovation. As soldiers faced different types of warfare, new technologies emerged such as the gas mask. One early version was a <a href="https://twitter.com/uspto/status/854340025970028544">breathing device patented by African-American inventor Garrett Morgan in 1914</a>, and subsequent inventors built on his work to create masks that protected soldiers from poisonous gases during WWI.</p>
<p>Father of the modern submarine, <a href="http://www.invent.org/honor/inductees/inductee-detail/?IID=340">John Phillip Holland</a> designed and built the <a href="https://twitter.com/uspto/status/851793286603968513">first underwater vessel</a> for the U.S. Navy in the late 1800s. His submarine design would become the model for the Navy's fleet of submersibles for the next several decades.</p>
<p>Certain items developed for troops in WWI went on to become part of everyday life for Americans. One example is the <a href="https://twitter.com/uspto/status/848924345418297344">“hookless fastener” or zipper</a>, patented by Gideon Sundback in 1916, which the U.S. military incorporated into uniforms and boots, and also caught on quickly in civilian clothing.</p>
<p><img border="0" hspace="0" alt="Diagram from the patent application of G. Sundback's "seperable fastener."" src="https://www.uspto.gov/blog/director/resource/Zipper600.jpg" align="baseline" /></p>
<p align="center"><em>Diagram from the patent application of G. Sundback's "seperable fastener."</em></p>
<p>Another is the wrist watch. Before WWI, most people didn’t wear them, instead relying on clocks at home or pocket watches. But following the need for <a href="https://twitter.com/uspto/status/856885656269852672">wristwatches for soldiers in the field during WWI</a>, they became popular with the general public after the war.</p>
<p>During the WWI years, many products were also trademarked that are still in use today. For example, Dixie®, trademarked in 1917, developed a paper cup to prevent the spread of germs, and the company still produces an array of paper products today. Many companies included symbols of patriotism in their advertisements during the war, and WWI lore even made its way into pop culture, such as <a href="https://twitter.com/uspto/status/855481412883025924">Snoopy’s Flying Ace</a>.</p>
<p>Some WWI veterans were also notable inventors, such as <a href="http://www.invent.org/honor/inductees/inductee-detail/?IID=299">Frank J. Sprague</a> and <a href="http://www.invent.org/honor/inductees/inductee-detail/?IID=189">Leroy Grumman</a>, currently featured in the <a href="https://twitter.com/uspto/status/849973799516860416"><em>Visionary Veterans</em> exhibit in the National Inventors Hall of Fame (NIHF) Museum</a> at the USPTO in Alexandria, Va. Sprague, a graduate of the U.S. Naval Academy, developed the electric railway, early electric elevators, and the commercial electric motor. Grumman, a Navy pilot, invented a unique folding-wing mechanism for naval aircraft and later established the Grumman Aircraft Engineering Corporation, now part of the Northrop Grumman Corporation.</p>
<p>Follow the USPTO on <a href="https://twitter.com/uspto">Twitter</a> and <a href="https://www.facebook.com/uspto.gov/">Facebook</a> to learn more about interesting historical patents and trademarks. </p>
https://www.uspto.gov/blog/director/entry/celebrating_world_ip_day
Celebrating World IP Day
USPTO
2017-04-27T06:14:46-04:00
2017-04-27T08:42:05-04:00
<p><a href="https://www.commerce.gov/news/blog/2017/04/celebrating-world-ip-day">A blog about the USPTO from the Department of Commerce</a>.</p>
<p>On April 26, the U.S. Patent and Trademark Office (USPTO) celebrated World Intellectual Property (IP) day in Washington D.C., as well as across the country in <a href="https://www.uspto.gov/about-us/uspto-locations/dallas-tx/world-ip-day-houston">Houston</a>, <a href="https://www.uspto.gov/about-us/uspto-locations/detroit-mi/world-ip-day-2017-chicago">Chicago</a>, and <a href="https://www.uspto.gov/about-us/uspto-locations/silicon-valley-ca/world-ip-day-2017-silicon-valley">Silicon Valley</a>. The theme of this year’s World IP Day is “Innovation – Improving Lives.”</p>
<p>One program which is a prime example innovation improving lives is <a href="https://www.uspto.gov/patent/initiatives/patents-humanity">Patents for Humanity</a>, the USPTO’s awards competition recognizing innovators who use game-changing technology to meet global humanitarian challenges. This year’s winners found new and innovative ways to administer and provide health care solutions in some of the most disadvantaged regions of the world. <a href="https://www.youtube.com/watch?v=Jna9b8oSRYg">Watch the USPTO’s Patents for Humanity video</a> to learn more about the program’s mission and impact.</p>
<p>Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee <a href="https://www.uspto.gov/about-us/news-updates/remarks-director-michelle-k-lee-commemorate-world-ip-day-2017">gave remarks</a> at a <a href="https://www.uspto.gov/learning-and-resources/ip-policy/world-ip-day-2017-capitol-hill">World IP Day event on Capitol Hill</a>, stating:</p>
<p><i>“We have seen the profound impact that good ideas, protected through a world-class IP system, can have on humanity. From new and powerful technology that we can wear on our wrists and carry in our pockets, to new methods of diagnosing and treating disease, intellectual property can not only improve lives, it can save lives. It can also create new jobs and grow our economy, which is why we must always ensure that our IP system supports small businesses, startups, and individual inventors.”</i></p><i><p> </p></i>
<p align="center"> <img align="baseline" alt="Co-founder of GRIT demonstrates the all-terrain Freedom Chair for the disabled." src="https://www.uspto.gov/blog/director/resource/World-IP-Day.jpg" border="0" hspace="0" /></p>
<p align="center"><span style="font-family: "Calibri",sans-serif; font-size: 11pt; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;"><i>Co-founder of GRIT demonstrates the all-terrain Freedom Chair for the disabled.</i></span></p>
<p>Featured speakers for World IP Day also included Jeanine Hayes, Chief IP Officer of Nike, Inc., who discussed Nike’s FlyEase technology, a line of footwear built for athletes with disabilities, and Mario Bollini, Co-founder and Chief Technology Officer at Global Research Innovation and Technology, Inc. who demonstrated the company’s all-terrain Freedom Chair for the disabled.</p>
<p><a href="https://www.facebook.com/media/set/?set=a.1630659903614161.1073741870.114912688522231&type=1&l=c6cd035165">See images from World IP Day events</a>.<br /></p>
https://www.uspto.gov/blog/director/entry/spotlight_on_pam_isom_director
Spotlight on Pam Isom, Director of the Office of Application Engineering and Development
USPTO
2017-03-30T13:11:47-04:00
2017-03-31T07:02:27-04:00
<p><a href="https://www.commerce.gov/news/blog/2017/03/spotlight-commerce-pam-isom-director-office-application-engineering-and">A post about the USPTO from the Department of Commerce</a></p>
<p>Guest blog by Pam Isom, Director of the Office of Application Engineering and Development, U.S. Patent and Trademark Office</p>
<p>As Director of the Office of Application Engineering and Development (AED), I oversee all aspects of next generation systems engineering, development and implementation at the United States Patent and Trademark Office (USPTO). I am also responsible for hiring, budget formulation, planning and execution, and laying a foundation for the retirement of legacy systems. </p>
<p>My office is large and our initiatives are complex. As a result, we have frequent working sessions (standups are not uncommon) where we break problems into manageable components, brainstorm ideas and address. I value my team. Together we are building systems that protect the nation’s intellectual property (IP) through the consistent application of DevOps, user centered design, and advanced agile principles. We have fun, succeed, make mistakes, learn, and get better.</p>
<p>I joined the USPTO in 2015 with over 25 years of IT experience, and as an industry veteran I recall the process of evolving ideas into inventions, and then patents. This process was not easy - it required extensive dialogue, much patience, sometimes rejection and yes, determination. Anxiety would sometimes set in and I would wonder, “What do the reviewers think of my invention? I should have explained things better. Sigh…What now?” Fast forward to today, five patents later, and numerous publications including a book. I am delighted that these experiences contributed to my interest in serving as an employee and representative of the USPTO. Now I sit on the other side - one of the best choices of my career!</p>
<p align="center"><img border="0" hspace="0" alt="Pam Isom holds standing meeting with her team" src="https://www.uspto.gov/blog/director/resource/Pam_Isom.jpg" align="baseline" /><br /><em>Pam Isom holds a standing meeting with her team</em></p>
<p>Women’s History Month is a great time to reflect on the influence of women around the globe. In college, I remember being the only African American woman in computer classes and early in my career, the only one in many job assignments. I wasn’t surprised since many of my peers chose alternate fields of study. I once asked a manager of an all-male computer programming team how she felt about being the minority. She expressed that she doesn’t dwell on it, that she focuses on the job at hand. That stuck with me. I decided that my circumstances were attributes of a trail blazer. So while it didn’t matter to me then that I was the minority, it’s nice to see more women in technology each day and I hope that I have, in some way, been of influence. </p>
<p>My role model is my mom. She taught me so much. She is the one that encouraged me to believe in myself and to value others. She lived “it will be alright in a minute.” As a young girl, growing up in Oklahoma, I was quite the curious one, inspired to study math, science and music. In the summer months I eagerly attended youth programs so as not to become idle. I am also grateful for the support my husband, who is also my best friend, has provided me along the way and throughout my career. </p>
<p>I respect my leaders and admire the representation of women at the Department of Commerce (DOC) and the USPTO -- a diverse group with many talents -- and it is no surprise to find leaders in science, technology, engineering and math (STEM) here. I was invited and remain a board member of the Network of Executive Women (NEW) affinity group since its inception in 2015, supporting the mission of inspiring women executives and promoting STEM. I was grateful yet humbled to serve as a panelist at the DOC’s Hidden Figures event this month, and also to be recognized in the <a href="https://www.commerce.gov/news/blog/2017/03/celebrating-women-innovation">Women of Innovation exhibit at the USPTO</a>.</p>
<p>There are significant opportunities at the USPTO and in particular the Office of the Chief Information Officer and AED. To the rising and the more experienced women who may have faced some challenges and/or who may tempted to second guess yourself, I have some advice for you that I apply to my own life. Purpose is important. Your purpose in life will open doors. When that happens, be ready and cross the threshold. Go Forward. Keep the passion. Obstacles may get in the way but not in your way.</p>
https://www.uspto.gov/blog/director/entry/celebrating_women_of_innovation
Celebrating Women of Innovation
USPTO
2017-03-22T08:16:56-04:00
2017-03-23T08:18:06-04:00
<p align="left"><a href="https://www.commerce.gov/news/blog/2017/03/celebrating-women-innovation">A post about the USPTO from the Department of Commerce</a></p>
<p>Women inventors and scientists have made lasting contributions to our nation’s history, but why is it that many people are unable to name one female inventor, but can easily recall male inventors and scientists such as Thomas Edison or Albert Einstein?</p>
<p>Take one woman inventor for example. Actress Hedy Lamarr was best known for her work in Hollywood during MGM's Golden Age, starring in such films as Ziegfeld Girl (1941), White Cargo (1942), and Samson and Delilah (1949). But Lamarr also worked with Hollywood composer George Antheil to invent and patent a frequency hopping technique that today is referenced as an important development in the field of wireless communications. Lamarr and Antheil's frequency hopping reduced the risk of detection or jamming of radio-controlled torpedoes. </p>
<p>Commemorating Women’s History Month, and this year’s theme of “Honoring Trailblazing Women in Labor and Business,” the National Inventors Hall of Fame (NIHF), the United States Patent and Trademark Office’s (USPTO) long-time private sector partner, has developed an impressive display featuring women inventors in the atrium of the USPTO headquarters in Alexandria, VA. The colorful pictorial exhibit highlights the accomplishments of ten innovative women for their breakthrough contributions and inspiration, empowering current and future generations of women and girls in science, technology, engineering and math (STEM).</p>
<p align="center"> <img border="0" hspace="0" alt="Women of Innovation exhibit at the USPTO" src="https://www.uspto.gov/blog/director/resource/women%20of%20innovation%20600.jpg" align="baseline" /></p>
<p align="center"><span style="FONT-SIZE: 11pt; FONT-FAMILY: "Calibri",sans-serif; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA"><em>Display featuring women inventors in the atrium of the USPTO headquarters in Alexandria, VA</em></span></p>
<p>In addition to inventors such as Hedy Lamar, the exhibit showcases women innovators of all ages, from Made by Girls Scholar Landri Drude, who participated in Camp Invention, to Elizabeth Hunter, who was a finalist in the Collegiate Inventors Competition. These women are vital role models and contributors to the fabric of American innovation and technology. </p>
<p>In today’s innovation-based economy, it is important to remove barriers and expand opportunities for women in STEM. Through the <a href="https://www.uspto.gov/learning-and-resources/allinstem">All in STEM Initiative</a>, the USPTO is encouraging women at all stages of their lives to pursue STEM degrees and work in STEM careers for the benefit of our economy and society. Follow the <a href="https://twitter.com/uspto">USPTO on Twitter</a> and keep up with our efforts through <a href="https://twitter.com/search?q=%23AllinSTEM&src=typd">#AllinSTEM</a> and <a href="https://twitter.com/search?q=%23PeopleofPTO&src=typd">#PeopleofPTO</a>.</p>
<p>The <a href="http://www.uspto.gov/about-us/uspto-locations/alexandria-va/national-inventors-hall-fame-and-museum">National Inventors Hall of Fame</a> is dedicated to ensuring American ingenuity continues to thrive in the hands of coming generations through its national, hands-on educational programming and challenging collegiate competitions focused on the exploration of science, technology, engineering, and mathematics. NIHF has served more than one million children and 125,000 educators and interns, and awarded more than $1 million to college students for their innovative work and scientific achievement through the help of its sponsors. Visit the <a href="https://www.uspto.gov/about-us/uspto-locations/alexandria-va/national-inventors-hall-fame-and-museum">NIHF Museum</a> located at the USPTO in Alexandria, VA, renovated last year, and discover more inspirational stories of invention.</p>
https://www.uspto.gov/blog/director/entry/2017_national_inventors_hall_of
2017 National Inventors Hall of Fame Inductees Announced
USPTO
2017-03-13T10:16:27-04:00
2017-03-13T10:28:32-04:00
<p align="left">Guest blog by Commissioner for Patents Drew Hirshfeld</p>
<p align="left">Recently, the National Inventors Hall of Fame, in partnership with the USPTO, announced the 2017 National Inventors Hall of Fame inductees. These visionary inventors each patented inventions that revolutionized their industries and changed people’s lives. Of the fifteen new inductees, eight will be honored posthumously. </p>
<p align="left">The criteria for induction into the National Inventors Hall of Fame requires candidates to hold a U.S. patent that has contributed significantly to the nation's welfare and the advancement of science and the useful arts. </p>
<p align="left">This year’s class of inductees includes Earl Dickson, inventor of the Band-Aid® Adhesive Bandage, Augustine Sackatt, inventor of drywall, Marshall G. Jones, responsible for laser welding aluminum to copper, and Carolyn Bertozzi, a pioneer in DNA-cell conjugates. <a href="http://www.invent.org/honor/inductees/">Read more about the inspiring work of all the inductees</a>.</p>
<p align="left">Both the new and previous inductees will be honored in a two-day event series. It will kick off with an illumination ceremony at the USPTO campus in Alexandria, Virginia on May 3, 2017 followed by the <a href="http://www.invent.org/honor/inductees/induction-ceremony/">45th Annual National Inventors Hall of Fame Induction Ceremony</a> on May 4 at the National Building Museum in Washington, DC. </p>
<p align="center"><img border="0" hspace="0" alt="Illuminated wall of icons" src="https://www.uspto.gov/blog/director/resource/20160517_nihf_002_1200px.jpg" align="baseline" /></p>
<p align="left"><em></em></p>
<p align="center"><em>Illuminated wall of icons at the National Inventors Hall of Fame</em></p>
<p>The <a href="http://www.uspto.gov/about-us/uspto-locations/alexandria-va/national-inventors-hall-fame-and-museum">National Inventors Hall of Fame</a>, located in the Madison Building on the USPTO campus in Alexandria, Virginia, was established in 1973 and honors monumental individuals who have contributed great technological and scientific achievements and helped stimulate growth for our nation and beyond. The museum reopened last year to the public after renovations, with some new interactive installations. These include the chance to take a seat in a one-of-a-kind ride, a <a href="https://www.youtube.com/watch?v=5ClZIk3WoGw">1965 Ford Mustang merged with a 2015 Ford Mustang</a>, plug into the story of Qualcomm’s smartphone technology, powered by the patent system, see the progression and development of the camera, courtesy of the George Eastman Museum, and discover the inspirational stories of past inductees on the illuminated gallery of icons.</p>
https://www.uspto.gov/blog/director/entry/more_new_ways_to_explore
More New Ways to Explore Patent Data
$entry.creator.screenName
2017-01-12T05:51:44-05:00
2017-01-12T09:01:25-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>Making patent data accessible to the public has been a cornerstone of this agency’s policy since its inception. I’m pleased to announce yet another step we’ve taken at the U.S. Patent and Trademark Office to make such data even easier for the public to understand and use, namely the addition of new features to our patent data visualization and analysis tool, <a href="http://www.patentsview.org/">PatentsView</a>. First launched in 2014, PatentsView provides the public a variety of ways to interactively engage, through a web-based platform, the highest-quality patent data available. The underlying database connects 40 years’ worth of information about inventors, their organizations, and their locations in unprecedented ways. PatentsView is a key component of our <a href="https://www.uspto.gov/learning-and-resources/open-data-and-mobility">open data</a> efforts to improve the accessibility, usability, and transparency of U.S. patent data.</p>
<p>PatentsView’s newly revamped interface presents three new user-friendly starting points:</p>
<ul>
<li>The <a href="http://www.patentsview.org/web/#viz/relationships"><em>Relationship</em></a> visualization depicts the most cited inventions that propel innovation. Users can explore the network of inventors on these patents and the companies, universities, or other organizations that may employ them and invest in their research. For example, the network visualization shows that Californians invented 44 of the top 100 most cited U.S. patents granted since 2001, including, for example, TiVo’s patent for a multimedia time warping system. </li>
</ul>
<p><img border="0" hspace="0" alt="relationship visual" src="https://www.uspto.gov/blog/director/resource/relationships_CA_v3_Tivo.jpg" align="baseline" /><br /></p>
<ul>
<li>The <a href="http://www.patentsview.org/web/#viz/locations"><em>Locations</em></a> visualization displays an interactive worldwide map of the cities where innovation originates. The map highlights regional innovation hubs such as Atlanta, home to more than 5,500 inventors and 1,000 innovating companies since 1976. </li>
</ul>
<p><img border="0" hspace="0" alt="screenshot of the locations visualization" src="https://www.uspto.gov/blog/director/resource/locations_ATL_v3.png" align="baseline" /></p>
<ul>
<li>The <a href="http://www.patentsview.org/web/#viz/comparisons"><em>Comparison</em></a> visualization depicts patterns in innovation across locations and technologies over time, showing, for example, that over the past two decades there have been more inventors on patents for computer hardware, data processing, and information storage technology than in any other technical field. </li>
</ul>
<p><img border="0" hspace="0" alt="screenshot of the comparison visualization" src="https://www.uspto.gov/blog/director/resource/comparisons_v5.png" align="baseline" /><br /></p>
<p>From these starting points, users can further explore comprehensive <em>detail views</em> for each patent, inventor, firm, and location. These interactive detail pages emphasize the interconnectedness of inventions, people, and firms. You can also access the data directly through an intuitive <a href="http://www.patentsview.org/query/">search and download system</a>, via an <a href="http://www.patentsview.org/api/doc.html">application programming interface</a> (API), or through <a href="http://www.patentsview.org/download/">bulk downloads</a>.</p>
<p>You could argue that the innovations documented in our records may very well, collectively, constitute the world’s largest repository of scientific and technological knowledge. But the larger a data set, the more challenging it is to find useful information or trends or, put another way, to separate the signal from the noise. This collaborative tool, developed by the USPTO’s Office of the Chief Economist in conjunction with the American Institutes for Research, New York University, the University of California at Berkeley, Twin Arch Technologies, and Periscopic, aims to make that sorting and separation possible. The shared public and private effort in creating and improving the platform is symbolized in the “.org” domain of <a href="http://www.patentsview.org/">http://www.PatentsView.org</a>.</p>
<p>By providing new tools and data to the public, PatentsView demonstrates this agency’s continuing commitment to open data, <a href="https://www.commerce.gov/news/blog/2015/09/patentsview-driving-open-government-through-data">open government</a>, and evidence-based policymaking.<br /></p>
https://www.uspto.gov/blog/director/entry/myuspto_your_personalized_homepage_for
MyUSPTO: Your Personalized Homepage for USPTO Tasks
$entry.creator.screenName
2017-01-09T09:51:14-05:00
2017-01-10T06:36:14-05:00
<p><em>Guest blog by Chief Information Officer John B. Owens II</em></p><em></em>
<p>The USPTO recently launched a new tool to improve how you manage your intellectual property portfolio. With one single sign on, you can now track your patent and trademark applications, receive alerts when they are updated, and get other news from the USPTO. </p>
<p><a href="https://my.uspto.gov/?utm_source=directorsforum&utm_campaign=uxd-myusptosoftlaunchjan2017&utm_medium=text&utm_content=firstlink">MyUSPTO</a> is your personalized homepage and gateway to all your USPTO business needs, and there is no cost to sign up and use the site. MyUSPTO allows you to access your patent and trademark applications in one central location, and also receive email notifications when the status changes on those applications. The site also allows you to save USPTO webpages as bookmarks, so you won’t need to save them separately in your own browser. Additionally, you can learn about current news, upcoming events, and connect with our Facebook and Twitter accounts on the MyUSPTO homepage. The site uses “widgets,” which are small applications that display snippets of important information; aka shortcuts to larger USPTO applications and affiliated sites. The entire site is fully customizable so you can add a little or as much as you prefer. </p>
<p>MyUSPTO simplifies, personalizes, and streamlines the public’s interactions with the USPTO. Future releases will gradually replace many of the credentials you use to sign in to our other systems with one secure, consolidated sign-in. The accounts are designed for individuals; however, future updates will add the ability for organizations to share information between colleagues.</p>
<p>Let us know your suggestions on how we can further improve the site through our <a href="http://usptoglobalsignon.ideascale.com/">MyUSPTO feedback forum on IdeaScale</a>. I invite you to visit <a href="https://my.uspto.gov/?utm_source=directorsforum&utm_campaign=uxd-myusptosoftlaunchjan2017&utm_medium=text&utm_content=secondlink">MyUSPTO</a>, create an account, and check it out for yourself. I’m positive that it will be useful for your business needs. You can also visit our <a href="https://www.uspto.gov/blog/systemsupdates/category/MyUSPTO?utm_source=systemsupdates&utm_campaign=uxd-myusptosystemsupdates&utm_medium=webpagelink">“What’s New” page</a> to find out about future updates and improvements.<br /></p>
https://www.uspto.gov/blog/director/entry/uspto_releases_its_fy_2016
USPTO Releases its 2016 Performance and Accountability Report
USPTO
2017-01-04T08:35:25-05:00
2017-01-04T08:41:55-05:00
<p>Guest Blog by Chief Financial Officer Tony Scardino</p>
<p>I’m pleased to announce that the USPTO has published its <a href="https://www.uspto.gov/sites/default/files/documents/USPTOFY16PAR.pdf">Performance and Accountability Report (PAR) for fiscal year (FY) 2016</a>. The PAR serves as the USPTO’s annual report, similar to what private sector companies prepare for their shareholders. Each year the USPTO publishes this report to update the public on our performance and financial health. </p>
<p>Our PAR charts the agency’s progress toward meeting goals outlined in our 2014-2018 Strategic Plan: optimizing patent quality and timeliness; optimizing trademark quality and timeliness; and providing domestic and global leadership to improve intellectual property policy, protection, and enforcement worldwide. These goals govern the quality and quantity of our service to intellectual property stakeholders. In addition, the PAR provides information on the USPTO’s progress towards a broader management goal: achieving organizational excellence.</p>
<p>Here at the USPTO, we take pride in producing a PAR that meets the highest standards of transparency, quality, and accountability. The PAR contains a wealth of data and historical information of interest to our stakeholders, including data on patent and trademark examining activities, application filings, and agency staffing levels. This information is conveniently presented in the Workload Tables section at the end of the PAR.</p>
<p>On the issue of financial performance, FY 2016 marks the 24th consecutive year that the USPTO’s financial statements have received an unmodified audit opinion. Our clean audit opinion gives the public independent assurance that the information presented in the agency’s financial statements is fairly presented and follows generally accepted accounting principles. In addition, the auditors reported no material weaknesses in the USPTO’s internal controls, and no instances of non-compliance with laws and regulations affecting the financial statements.</p>
<p>While the PAR is a record of our achievements, it is also an honest discussion of the challenges we face as an agency moving forward in FY 2017. We will continue efforts in the Enhanced Patent Quality Initiative, which is a multifaceted initiative that builds on past efforts and includes future programs aimed at improving the accuracy, clarity, and consistency of patents; continue implementation of the patent dispute resolution portions of the AIA; meet the wave of legal challenges to the USPTO’s interpretation of the AIA and its regulations implementing the statute; develop outreach at both headquarters and regional offices; expand on dissemination of data; attain and maintain full sustainable funding; and provide IT support for a nationwide workforce with a “24/7/365” operational capability.</p>
<p>The PAR is a faithful snapshot of the USPTO’s FY 2016 performance. I hope you find value in this document, and that it allows you to glean greater insights into the agency’s activities and achievements.</p>
https://www.uspto.gov/blog/director/entry/better_protection_for_industrial_designs
Better Protection for Industrial Designs through International Cooperation
USPTO
2016-12-27T05:47:39-05:00
2016-12-27T05:48:28-05:00
<p>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</p>
<p>Representatives from the USPTO and the intellectual property offices of the European Union, Japan, Korea, and China—which together account for more than 90 percent of the world’s design patent filings—convened in Beijing, China, November 1–2, 2016, for the second annual meeting of the Industrial Design Forum, or ID5.</p>
<p>The ID5 was formed in December 2015, with its <a href="https://www.uspto.gov/about-us/news-updates/uspto-hosts-inaugural-industrial-design-5-forum">inaugural meeting</a> held at USPTO headquarters in Alexandria, Virginia. Its goal is to improve consistency in registration policies for industrial designs and to facilitate progress on a range of matters that stakeholders around the world would like to see addressed. These include grace periods, partial designs, graphical user interfaces and icon designs, implementation of the World Intellectual Property Organization’s <a href="http://www.wipo.int/das/en/">Digital Access Service</a>, and the standardization of design representations.</p>
<p>Because these offices handle such a large proportion of global industrial design filings, the ID5 forum can serve as an incubator for developing innovative responses to existing or future developments in the design area. Its work will promote greater efficiency, consistency, and effectiveness across the globe—both for applicants seeking protection for their industrial designs and for the offices tasked with administering the system.</p>
<p>The ID5 partners took an important step forward in November when they approved 12 projects aimed at studying key aspects of industrial design practice in each of their jurisdictions and coming up with concrete, user-friendly deliverables. The USPTO is co-leading four of the projects, including those on grace periods, partial designs, emerging technological designs, and the implementation of the WIPO’s Digital Access Service.</p>
<p>The ID5 partners also signed a joint statement affirming their commitment to further the development of improved industrial design protection systems, and unveiled the <a href="http://id-five.org/">ID5 website</a>, which will serve as a source of information for the public on ID5 projects, statistics, and events.</p>
<p>Since its launch a year ago, the ID5 forum has already proven to be a successful vehicle for enhancing the global industrial design framework. With industrial design having an ever-increasing importance in innovation, business, and trade, the USPTO’s work with its ID5 partners will enable a coordinated effort to address whatever challenges that owners and users of designs may confront.</p>
https://www.uspto.gov/blog/director/entry/uspto_fights_fraudulent_trademark_solicitations
USPTO Fights Fraudulent Trademark Solicitations
USPTO
2016-12-21T08:37:38-05:00
2016-12-21T08:46:01-05:00
<p>Guest blog by Commissioner for Trademarks Mary Boney Denison</p>
<p>The USPTO has worked hard to fight solicitations from companies fraudulently promising to protect trademarks, and we have taken a number of steps to help raise awareness of these schemes in an attempt to limit the number of victims defrauded. Our agency works closely with federal agencies, including the Department of Justice, the Federal Trade Commission, and the United States Postal Inspection Service to combat the problem.</p>
<p>The <a href="https://www.justice.gov/opa/pr/california-man-pleads-guilty-perpetrating-trademark-scam-and-money-laundering">Department of Justice announced</a> last week that two California men pled guilty in a mass-mailing scam that targeted owners of U.S. trademark applications. The men, Artashes Darbinyan and Orbel Hakobyan, admitted to stealing approximately $1.66 million from registrants and applicants of U.S. trademarks through companies called Trademark Compliance Center (TCC) and Trademark Compliance Office (TCO). The USPTO is proud to have cooperated with law enforcement agencies in the California case.</p>
<p>Trademark solicitations have been a global problem for decades, including for USPTO customers, and we have implemented several measures to protect our customers against them. </p>
<p>First, the USPTO includes a warning and a link to our <a href="https://www.uspto.gov/trademarks-getting-started/non-uspto-solicitations">Non-USPTO Solicitations page</a> in each office action, urging our customers to carefully review all correspondence regarding their application to ensure that they are responding to an official document from the USPTO rather than a private company solicitation. </p>
<p>Second, a similar warning, on bright orange paper, is sent to every registrant when the USPTO mails the paper registration certificate to the registrant. </p>
<p>Third, the USPTO has several online resources alerting the public to these non-USPTO solicitations on our <a href="https://www.uspto.gov/trademarks-getting-started/non-uspto-solicitations">Non-USPTO Solicitations page</a>, including a frequently updated list of fraudulent entities we’ve already identified. If you receive an invoice from a company not appearing on this list, we encourage you to email us copies of the notice and the envelope it came in at <a href="mailto:TMFeedback@uspto.gov">TMFeedback@uspto.gov</a> so that we may assess whether to add it to the list. </p>
<p>A registered trademark is a valuable asset, and where there’s money, unfortunately, there are bound to be criminal elements lurking. The USPTO continues to provide its ongoing full support to U.S. law enforcement officials working on this issue. </p>
https://www.uspto.gov/blog/director/entry/trademarks_coast_to_coast
Trademarks Coast to Coast
USPTO
2016-12-08T05:38:13-05:00
2016-12-08T05:38:13-05:00
<p>Guest blog by Commissioner for Trademarks Mary Boney Denison</p>
<p><a href="https://www.uspto.gov/about-us/uspto-office-locations">USPTO regional offices</a> support the agency’s mission of fostering innovation by serving their regions’ intellectual property (IP) communities, assisting local businesses, and educating the public about the importance of IP. Regional office staff, in addition to USPTO trademark staff from headquarters, provide the public with full access to trademark information and resources in their local communities. This year, I visited all four regional offices: Denver and Silicon Valley in the fall, and Dallas and Detroit earlier in the year. During these visits, I had the chance to meet with USPTO employees, hear from local businesses, inventors, and IP practitioners about their concerns, and hold events on the importance of trademarks.</p>
<p>In September, I visited the Rocky Mountain Regional Office in Denver, where I got to see firsthand the vibrant IP community in the region, as well as the tireless work done by Director Molly Kocialski and the Denver office staff. I was excited to host the first interactive webcast trademark session in the Rocky Mountain region with USPTO trademark experts. With the help of representatives from the USPTO’s Trademark Assistance Center, we provided an overview of the trademark registration process and answered participants’ trademark questions. I also led an American Intellectual Property Association (AIPLA) Practitioner Roundtable, participated in a company listening tour, and provided important USPTO updates to area businesses.</p>
<p>I then visited the Silicon Valley Office in San Jose, California. Led by Director John Cabeca, the office has been busy supporting the active IP community and holding a variety of trademark events, from monthly lunch and learns to lectures on how to file international trademark applications under the Madrid Protocol. While in San Jose, I led an International Trademark Association (INTA) roundtable with Trademark Trial and Appeal Board (TTAB) judge Francie Gorowitz, designed to offer insights into USPTO operations and help us better understand the needs of those using our services. I also spoke at World Congress’ Corporate IP Counsel Forum conference on updates to trademark law, and met with Playstation,® Visa,® and Carbon3D, a cutting edge 3-D printing company. </p>
<p>In February, I visited the Texas Regional Office in Dallas, led by Director Hope Shimabuku. The office has already been holding monthly “Meet the Trademark Experts” to address trademark questions from the community. With Director Shimabuku, I participated in the office’s first all-day trademark workshop for the public, where we discussed Trademarks 101, filing options, the petitions process, and recent Trademark Office developments. Over the summer, the Texas Regional Office also held an all-day conference in San Antonio for independent inventors, entrepreneurs, and small business owners. Trademark’s Managing Attorney for Educational Outreach Craig Morris and several other USPTO representatives participated in the event, where they discussed the trademark process, what happens after a trademark registers, and pitfalls to avoid when filing for a trademark registration.</p>
<p>In March, I visited the Elijah J. McCoy Midwest Regional Office in Detroit, which regularly holds trademark-focused lunch and learn events, and workshops on the basics of trademarks, trademark searching, and the Madrid Protocol. The office has also frequently held outreach events with representatives from the TTAB, including Chief Judge Rogers. During my visit, I joined Detroit’s Regional Director Dr. Christal Sheppard at the State Bar of Michigan’s Spring IP Seminar at Michigan State University. While in East Lansing, I spoke with students and professors at the Michigan State College of Law, and then held a Trademark Lunch and Learn in Detroit with sixty entrepreneurs. </p>
<p>Just like USPTO staff here at headquarters, regional office staff are dedicated, hard-working employees committed to the mission of the USPTO. During my trips this year, I’ve met with a number of USPTO trademark employees in the Telework Enhancement Act Pilot Program (TEAPP), learned about their day-to-day work to help the public, and also heard their valuable suggestions on improving the services the USPTO provides. Meeting with inventors, businesses, and IP practitioners in innovation communities across the country, I have gained a better understanding of the issues and challenges they face. I look forward to another great year working with the USPTO regional offices to support innovators even further.</p>
https://www.uspto.gov/blog/director/entry/providing_clear_and_transparent_patent
Providing Clear and Transparent Patent Quality Metrics
USPTO
2016-12-06T05:19:26-05:00
2016-12-06T05:19:26-05:00
<p>Guest blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Russ Slifer</p>
<p>It is critically important that the USPTO issue patents that are of the highest quality possible, and to accomplish this, we are taking measures to achieve greater accuracy, clarity, and consistency in examination and prosecution. One important component of this effort is providing metrics that are more clear and understandable to all our stakeholders. Based on public feedback, we established the Quality Metrics program, part of the USPTO’s ongoing <a href="https://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative-0">Enhanced Patent Quality Initiative</a>, designed to enhance the assessment of our work products and to more clearly communicate our quality measurements.</p>
<p>Early in the Enhanced Patent Quality Initiative, we received feedback that the Quality Composite Score we use to assess our examiners’ work was not sufficiently precise because it combined indicators of both work product quality as well as process quality into a single score. Therefore, we discontinued the Quality Composite Score and proposed a new approach to quality metrics in a <a href="https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-06851.pdf">Federal Register Notice</a> in March 2016. Our new process, which is further explained on the <a href="https://www.uspto.gov/patent/initiatives/quality-metrics-1">Quality Metrics page of the USPTO website</a>, will allow us to accurately measure quality by differentiating between work product metrics and efficiency of the examination process.</p>
<p>When assessing work products, the USPTO considers a quality patent to be one that is correctly issued in compliance with all the requirements of Title 35 as well as the relevant case law at the time of issuance. By analyzing work product indicators and by conducting reviews, we have developed new statutory compliance metrics, which we have published on the <a href="https://www.uspto.gov/patent/initiatives/correctness-indicator">Correctness Indicator</a> page of the USPTO website, along with information on how we developed these metrics. The webpage contains breakdowns, such as by office action type, allowing the general public to explore the data at varying levels of granularity. We also recently enhanced how clarity is evaluated during office action reviews, which you can read about in a <a href="https://www.uspto.gov/blog/director/entry/results_of_the_clarity_of">recent blog by Director Lee</a>. </p>
<p>To accurately assess the efficiency of the examination process, we are analyzing reopenings of prosecution and rework of office actions, as well as focusing on improving consistency of decision making. Using data from our Patent Application Location and Monitoring (PALM) system, we are able to identify trends in examiner behavior to determine where the process is working well and where there may be potential quality concerns. We can then determine which areas of the process can be streamlined, and what areas may require additional training, as well as identify best practices. </p>
<p>Our stakeholder feedback is of utmost importance to us, and we will continue to administer internal and external surveys on quality. We will continue to publish the results of the surveys, and will incorporate what we find into our training and continuing quality improvement efforts. As always, we are open to your suggestions on ways to improve our patent quality metrics, as we push to find new and innovative ways to improve patent quality at the USPTO. </p>
https://www.uspto.gov/blog/director/entry/patents_for_humanity_award_recipients
Patents for Humanity Award Recipients Honored for Work in Providing Global Disease Health Care Solutions
USPTO
2016-12-05T07:30:16-05:00
2016-12-05T07:30:16-05:00
<p><a href="https://www.commerce.gov/news/blog/2016/12/patents-humanity-award-recipients-honored-work-providing-global-disease-health">A post about the USPTO from the Department of Commerce</a></p>
<p>This year’s winners of the Patents for Humanity Award found new and innovative ways to administer and provide health care solutions in some of the most disadvantaged and underserved regions of the world. On November 16, four entities – a university, a federal agency, a business and a nonprofit– were recognized at the National Press Club for their work in tackling the global burden of disease and changing the world for the better. </p>
<p>Winners included <strong>Case Western Reserve University</strong> for a low-cost malaria detection device, the <strong>U.S. Food and Drug Administration</strong> for an improved meningitis vaccine, <strong>GestVision, Inc.</strong> for a quick diagnostic test for preeclampsia, and <strong>Global Good Fund at Intellectual Ventures</strong> for a cooler which can preserve vaccines for over a month with no outside power source. <a href="http://1.usa.gov/1NpTsjG">Read more about each of the award recipients</a>.</p>
<p>Launched by the U.S. Patent and Trademark Office (USPTO) in February 2012 as part of an Obama administration initiative, the Patents for Humanity program promotes game-changing innovations that solve long-standing development challenges. The award is the USPTO’s top honor for recognizing patent owners and licensees who use game-changing technology to meet global humanitarian challenges. In addition to being recognized for their work, winners also receive accelerated processing of select matters at the USPTO.</p>
<p>Congresswoman Rosa DeLauro spoke at the awards ceremony, stating: “There is no greater effort that the federal government can be involved in than the opportunity to save lives. Borders are irrelevant to disease, and projects like these help get a discovery to market where it can make a difference.”</p>
<p>“Altogether the work of our Patents for Humanity applicants and awardees proves that great things that can be accomplished when intellectual property rights and innovation work together to solve problems of a truly global scope, ” said Deputy Under Secretary of Commerce for Intellectual Property and Director of the USPTO Russ Slifer, who delivered remarks at the ceremony. “In addition to the very tangible benefits their inventions will deliver, they will also inspire others to bring the power of innovation to bear on more of the world’s most pressing humanitarian challenges.” <a href="https://www.uspto.gov/about-us/news-updates/remarks-deputy-director-russ-slifer-patents-humanity-awards-ceremony">Read Deputy Director Slifer’s full remarks</a>.</p>
<p>Programs like Patents for Humanity help scale and incentivize innovation by spurring more game-changing work by the innovation community. The winners’ technologies and solutions show tomorrow’s scientists and engineers how the power of innovation can change the world for the better. </p>
<p><a href="https://www.facebook.com/pg/uspto.gov/photos/?ref=page_internal">See a Facebook album of photos from the ceremony</a>.</p>
https://www.uspto.gov/blog/director/entry/uspto_attach%C3%A9s_a_valuable_resource
USPTO Attachés: A Valuable Resource for U.S. Intellectual Property Interests Abroad
USPTO
2016-11-29T08:16:33-05:00
2016-11-29T08:16:33-05:00
<p><a href="https://www.commerce.gov/news/blog/2016/11/uspto-attaches-valuable-resource-us-intellectual-property-interests-abroad">A post about the USPTO from the Department of Commerce</a></p>
<p>U.S. companies may understand how to handle their intellectual property (IP) interests within the United States, but selling products and being competitive in foreign markets with varied and unfamiliar local IP laws is a different ball game. Independent inventors and small and medium-sized entities may lack the in-house resources and expertise they need to deal with foreign IP regulations.</p>
<p>And today, looking after those IP assets is more important than ever: according to a recent estimate from the <a href="http://www.iccwbo.org/Advocacy-Codes-and-Rules/BASCAP/BASCAP-Research/Economic-impact/Global-Impacts-Study/">International Chamber of Commerce</a>, the global value of counterfeit and pirated products could be as high as $1.8 trillion a year. This represents a huge loss of revenue.</p>
<p>The U.S. Patent and Trademark Office’s (USPTO) <a href="http://www.uspto.gov/ipattache">IP Attaché Program</a> supports U.S. stakeholders that sell in foreign markets or want to enter them. These attachés are IP experts stationed at select U.S. embassies and consulates around the world, working directly with U.S. businesses on intellectual property issues—including helping to stop counterfeiting and piracy—while supporting U.S. efforts to improve IP laws internationally.</p>
<p>In addition, the attachés advocate for U.S. IP policies; coordinate training on IP protection matters; and work with judicial, administrative, legislative, and enforcement officers to assist U.S. businesses that own or use IP. Currently, the USPTO’s IP Attaché Program has <a href="http://www.uspto.gov/learning-and-resources/ip-policy/ip-attach-program">14 positions</a> around the world.</p>
<p>Recently, one industry-leading furniture manufacturer from Tennessee with production capability in China learned the value of the assistance that the USPTO’s IP attachés can provide. The company ran into difficulties when one of its former original equipment manufacturers (OEMs) obtained 13 Chinese design patents and used them to block the company’s other OEMs from manufacturing and exporting products. Our IP attaché in Guangzhou met with the company’s CEO and provided information and guidance on patent invalidation proceedings and how to navigate China’s IP judicial system, and offered suggestions on working with local customs and government authorities. One week after the meeting, three containers of furniture were released for export by Chinese customs officers, and $3.5 million in orders were fulfilled.</p>
<p>Companies can also face dangers abroad even where their operations are exclusively domestic. For example <a href="http://www.mabreyproducts.com/">Mabrey Products</a>—a small U.S. company based in Chico, California, that designs and manufactures wooden urns for funeral homes—made the surprising discovery last year at a trade show in the United States that a Chinese vendor was displaying urns that were direct copies of Mabrey’s product line. The company’s owner turned to one of our IP attachés stationed in China, who was able to provide guidance on how the company could protect its IP against this Chinese vendor and other infringers.</p>
<p>Now, other countries and markets may operate differently, each having its own—and sometimes quite distinct—set of rules and regulations regarding IP. But these examples show that the USPTO’s IP Attaché Program is working throughout the world to help U.S. businesses and stakeholders. To find out more about the program and how it can help you, visit the <a href="http://www.uspto.gov/ipattache">IP Attaché Program</a> page of the USPTO website. Additional information on how to protect or use IP abroad, including links to IP Toolkits for more than 20 countries and regions, can be found on the <a href="https://www.uspto.gov/patents-getting-started/international-protection/intellectual-property-rights-overseastoolkits">USPTO website</a>.</p>
https://www.uspto.gov/blog/director/entry/results_of_the_post_grant
Results of the Post Grant Outcomes Pilot
USPTO
2016-11-22T06:10:11-05:00
2016-11-29T08:02:16-05:00
<p>Guest blog by Chief Judge for the Patent and Trial Appeal Board David Ruschke and Commissioner for Patents Drew Hirshfeld</p>
<p>As part of the USPTO’s ongoing <a href="https://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative-0">Enhanced Patent Quality Initiative</a>, in April 2016 we launched the <a href="http://www.uspto.gov/patent/initiatives/post-grant-outcomes-pilot">Post Grant Outcomes Pilot</a>, focused on pending patent applications that are related to issued patents undergoing an <a href="http://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/trials">America Invents Act (AIA) trial</a> proceeding before the Patent Trial and Appeal Board (PTAB). We’d like to report that the Post Grant Outcomes Pilot has succeeded in making examiners aware of patents related to applications they are examining that are involved in PTAB trials, and in turn has facilitated the timely and effective examination of applications. </p>
<p>AIA trial proceedings contain prior art and arguments that might be highly relevant to the patentability determination of related applications currently under examination. This pilot was intended to help examiners harness the art presented during AIA trials to enhance examination of a related application, so they could reach more expeditious decisions on patentability. </p>
<p>During the pilot, we notified examiners via email when they had an application related to an AIA trial, and we streamlined access to the contents of the trial by pinpointing for examiners the most relevant documents. We then surveyed the examiners to gain detailed feedback. </p>
<p>The survey results showed that our examiners found the PTAB information—especially the initial petition (including the prior art citations), the PTAB’s institution decision, and any expert declarations—to be highly useful. We also found that 46% of the examiners referred to at least one reference cited in the AIA trial petition during the examination of their own case, either by citing it in a rejection or as pertinent prior art. If an examiner did not use or cite the prior art from the trial, it was most likely because the claims were different between the “parent” and the “child” case, the examiner disagreed with the AIA petitioner’s analysis of the prior art and/or claims, or the examiner was able to find better art. </p>
<p>To further facilitate the process, in August 2016 we deployed an upgrade to examiners’ desktop application viewers which allows automated access to the contents of related AIA trials, including access to the entire file, and any cited prior art. </p>
<p>Our next objective with regards to the post grant outcomes process is to identify examination best practices or deficiencies that we can address through additional examiner training. To accomplish this, we are currently analyzing data gathered about the AIA trials with respect to prior art searching and claim interpretation, and are also working to thoroughly analyze how PTAB trials impact related applications. </p>
<p>Our final objective is to provide examiners with a periodic review of post-grant outcomes focused on Supreme Court, Federal Circuit, district court, and PTAB decisions that relate to their specific technological area. It is our hope that by providing this information, examiners will gain a better understanding of the current state of the law and what happens to a patent after it leaves the USPTO. </p>
<p>We are dedicated to ensuring examiners have all pertinent information, especially post grant outcomes information, easily and readily available, in order to issue the highest quality patents possible and enhance patent quality overall. Based on the program’s initial results, we can already see that our examiners are benefitting, and we will continue to identify additional ways to improve our processes.</p>
https://www.uspto.gov/blog/director/entry/optimizing_patent_examination_time
Optimizing Patent Examination Time
USPTO
2016-11-21T05:24:23-05:00
2016-11-21T05:24:23-05:00
<p>Guest Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director Russ Slifer </p>
<p>The USPTO is committed to issuing the highest quality patents possible, as evidenced by our <a href="https://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative-0">Enhanced Patent Quality Initiative</a> (EPQI). An important part of this effort is evaluating our patent examination time goals with the help of the public. </p>
<p>Examination time goals, which vary by technology, represent the average amount of time a patent examiner is expected to spend examining an application. Because examination time goals impact both patent pendency and quality, we want to ensure that our examination time goals accurately reflect the amount of time needed by examiners to conduct quality examination. A critical part of our efforts is obtaining stakeholder input. </p>
<p>The last assignment of expectancies for examination time was over 40 years ago. Since then, circumstances have required occasional adjustments and establishment of new goals for emerging technologies. There has not been, however, a comprehensive reevaluation of examination time since those expectancies were established. Since the examination time goals were originally assigned, significant changes to the examination process have occurred, including increased use of electronic tools, changes in law due to court decisions, a growing volume of prior art, and progress in technology which results in increasingly complex subject matter in applications. </p>
<p>One of the most significant changes has been the USPTO’s transition from the United States Patent Classification (USPC) system, used to categorize patents to facilitate prior art searches by examiners, to the Cooperative Patent Classification (CPC) system, an international, flexible and highly specific classification scheme. Because the current examination time goals were assigned based on the USPC system, implementation of the CPC system and the other significant changes to the examination process have caused us to reconsider and reassess the assignments of examination time goals. </p>
<p>As part of the EPQI, we are assessing the relationship between examination time and value-added examination activities, such as enhancing the clarity of the record with respect to claim interpretation, interview summaries, and reasons for allowance. All of these factors warrant a reevaluation of our examination time goals. </p>
<p>Internally at the USPTO, we’ve established teams to take a look at the impacts of both the transition to the Cooperative Patent Classification (CPC) system and the EPQI programs on examination time. We are also developing, in collaboration with the examiners’ union, surveys on examination time that will be available for all Examiners and Supervisory Patent Examiners to complete in early 2017. </p>
<p>The public can provide us their input on examination time goals in several ways. On October 25, 2016, we published a <a href="https://www.gpo.gov/fdsys/pkg/FR-2016-10-25/pdf/2016-25758.pdf">Federal Register Notice</a> to announce our effort, and we are accepting comments by email <a href="mailto:ExternalExaminationTimeStudy@USPTO.GOV">ExternalExaminationTimeStudy@USPTO.GOV</a> or through our <a href="http://uspto-examinationtimeanalysis.ideascale.com/">Ideascale site</a> until January 30, 2017.</p>
<p>We are also holding roundtables in all of our offices across the country. We held our first roundtable on November 14 in <a href="https://www.uspto.gov/patent/initiatives/roundtable-1-alexandria-va-notice-roundtables-and-request-comments-related">Alexandria, VA</a>. As a participant on the Alexandria panel, I had the opportunity to hear directly from many stakeholders about their interests and priorities with respect to examination time goals and quality, pendency, and cost for services.</p>
<p>Our next roundtable will take place on November 29 in <a href="https://www.uspto.gov/patent/initiatives/patent-examination-time-goals-roundtable-2?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=">Dallas</a>, followed by roundtables in <a href="https://www.uspto.gov/patent/initiatives/roundtable-3-detroit-mi-notice-roundtables-and-request-comments-related">Detroit</a> and <a href="https://www.uspto.gov/patent/initiatives/patent-examination-time-goals-roundtable-4">Denver </a>on December 15, and <a href="https://www.uspto.gov/patent/initiatives/roundtable-5-san-jose-ca-notice-roundtables-and-request-comments-related">Silicon Valley</a> on January 11. For more information on how to participate in these events, visit the <a href="http://www.uspto.gov/patent/initiatives/eta-external-outreach">Examination Time Analysis page</a> of the USPTO website.</p>
<p>We look forward to hearing from you to help us guide the development and implementation of our new examination time goals.</p>
https://www.uspto.gov/blog/director/entry/new_uspto_trademark_app_open
New Trademark App Open Source Code on Github
USPTO
2016-11-15T10:03:42-05:00
2016-11-15T11:50:36-05:00
<p>Guest blog by Chief Technology Officer David Chiles</p>
<p>Improving the way the government delivers information technology (IT) solutions to its customers isn’t just a goal, it’s our mission. We at the U.S. Patent and Trademark Office know that by publishing our open source code, the public can help us come up with new and better IT solutions. In advance of the new <a href="https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m_16_21.pdf">Federal Source Code Policy</a> and in support of the Administration’s <a href="https://www.whitehouse.gov/open">Open Government Initiative</a>, we have been publishing <a href="https://github.com/USPTO/TrademarkStatusApp">content on Github</a> for over a year, and it now includes source code for a mobile application for trademarks.</p>
<p>The new <a href="https://github.com/USPTO/TrademarkStatusApp">published source code on Github</a> is for a sample application enabling a user to access and track the status of a trademark. This application enables the user to receive a push notification anytime the status of a trademark application changes. The idea for this app began with feedback from the leadership in Trademarks, and we believe that it will also be a useful tool for our own employees. We’re making our code for this application open to the public, so you can also use it in your own projects, improve it so it works best for you, or create an entirely new application. </p>
<img src="https://www.uspto.gov/blog/director/resource/trademark-app.png" alt="Image of mobile phone with trademark app" /><br /><br />
<p>Through our <a href="https://www.uspto.gov/learning-and-resources/open-data-and-mobility">Open Data and Mobility Program</a>, we’ve already <a href="https://www.commerce.gov/news/blog/2016/03/uspto-puts-data-hands-innovators">made over 200 years of intellectual property information available to the public</a>, and have published application program interfaces (APIs) so you can more easily search, use, and manipulate patent and trademark information. We want to make it as easy as possible for you to use our data. </p>
<p>As America’s Innovation Agency, we hope that our open source initiatives will spur innovation and create new ideas. We are looking to the public to come up with the next greatest idea, like we recently did through our <a href="https://medium.com/cancer-moonshot/unlocking-patent-data-to-spur-cancer-breakthroughs-26325501e9c2#.an3aeo699">Cancer Moonshot Challenge</a>. </p>
<p>Let us know how you like our Trademark app, and keep an eye on our <a href="https://github.com/USPTO">Github page</a> as we’ll be publishing more and more open source projects.</p>
https://www.uspto.gov/blog/director/entry/celebrating_veterans_at_the_uspto
Celebrating Veterans at the USPTO
USPTO
2016-11-10T10:33:33-05:00
2016-11-14T05:10:03-05:00
<p>Guest blog by Chief Administrative Officer Fred Steckler</p>
<p>“Eternal vigilance is the price of liberty,” Thomas Jefferson once wrote.</p>
<p>In the United States that price has been paid by generations of veterans at home and abroad, in peacetime and war – selfless citizens who have sacrificed their time, comfort, and even their lives in defense of our nation and our allies.</p>
<p>At the United States Patent and Trademark Office (USPTO) today, we are privileged to have many such veterans among us. Some have served in places like Iraq, Afghanistan, the Balkans, and Vietnam. Some are serving still, in the reserves, attending monthly drills and annual training and deploying into harm’s way when needed.</p>
<p>In 2012, we embarked on a bold initiative to greatly expand our outreach to the veteran and service member communities and significantly increase our numbers of veteran hires. Since then we have added over 600 veterans across all business units to our USPTO family. In fiscal year 2016 alone, over 23% percent of new patent examiner hires and 20% of all other new hires were veterans or transitioning service members. These impressive numbers would not have been possible without a work environment that values and honors our veterans. And that environment would not have been possible without an agency leadership committed, from the very start, to President Obama’s Veterans Employment Initiative.</p>
<p>We are also extremely fortunate to have the USPTO Military Association (UMA), an affinity group comprised of veterans, spouses of veterans, and employees who support our veterans, those still serving in the reserves, and the entire USPTO community. Since its formation in late 2011, the UMA has done tremendous work providing mentorship and fellowship for our agency’s military veterans and raised overall awareness of veterans and those in service today. Without them we would not have agency-wide events like our annual Memorial Day observation or the <a href="https://twitter.com/uspto/status/796809702223073281">Veterans Day ceremony</a> we held on November 8 with guest speaker Dave Lavery of NASA.</p>
<p>So on behalf of our entire USPTO leadership team, I want to thank our veterans for their service and for “Continuing to Serve” – to quote the UMA’s motto – at America’s Innovation Agency.</p>
https://www.uspto.gov/blog/director/entry/collegiate_inventors_competition_showcases_tomorrow
Collegiate Inventors Competition Showcases Tomorrow’s Entrepreneurs
USPTO
2016-11-09T11:16:41-05:00
2016-11-14T05:12:52-05:00
<p><a href="https://www.commerce.gov/news/blog/2016/11/collegiate-inventors-competition-showcases-tomorrows-entrepreneurs">A post about the USPTO from the Department of Commerce</a></p>
<p>Standing on stage this past Friday, inventors from colleges and universities across the country were recognized for their work developing cutting-edge inventions, at the 2016 <a href="http://collegiateinventors.org/">Collegiate Inventors Competition (CIC)</a> at the U.S. Patent and Trademark Office (USPTO) in Alexandria, VA. Through CIC, the skills that these students have gained both through the process of invention and by learning about intellectual property will be an asset to them as they decide on their next steps, which could be further research or commercializing their invention. “The ideas represented in this room—and the bright minds behind them—are the present and future of America innovation,” said Drew Hirshfeld, Commissioner for Patents at the USPTO.</p>
<p>The 28 undergraduate and graduate students all had the chance to interact one-on-one with inductees of the <a href="http://invent.org/">National Inventors Hall of Fame (NIHF)</a>. These established inventors – who have invented many tools, processes, or devices that are now commonplace in our lives, such as the digital camera, microprocessor, electret microphone, and the implantable defibrillator – served as judges for the competition and provided advice and inspiration for the students. USPTO officials and AbbVie Foundation scientists also served as judges.</p>
<p>The finalists showcased their inventions at a public expo, providing them with a professional backdrop to answer questions and discuss their inventions with USPTO patent examiners, patent attorneys, and trademark examiners, senior officials, corporate sponsors, and members of the intellectual property community and the public. “We consistently hear from finalists that their CIC experience was the inspiration for seeing themselves as great innovators. It’s also why they continued on as entrepreneurs, business owners, and patent holders. We look forward to seeing many more patent and trademark applications with their names on them in the years ahead,” said Hirshfeld.</p>
<p>CIC finalists’ inventions included a variety of technologies from advanced crop harvesting techniques for use on earth and other planets, to a bladeless drone, to a fire extinguishing ball. Medical innovations included adjustable prosthetics, hydrogels for ocular drug delivery, early cervical cancer detection methods, technology for freezing breast cancer cells, more sterile catheters, and DNA powered diagnostics. Many of these medical innovations were designed to help people in lower-middle-income countries. Several CIC finalists have already been granted patents or have filed patent applications.</p>
<p>The winner in the undergraduate category was a team from University of Virginia, comprised of Payam Pourtaheri and Ameer Shakeel. Their invention, AgroSpheres, re biological particles that degrade residual pesticides on the surface of plants, allowing crops to be safely harvested after just a few hours. This helps farmers avoid crop loss due to unforeseen weather events and at the same time saves the environment from additional pesticides.</p>
<p>The graduate winner was Carl Schoellhammer from the Massachusetts Institute of Technology for SuonoCalm, a device for at-home rapid administration of therapeutics. SuonoCalm is designed to deliver a wide range of medications directly into tissue using low frequency ultrasound. Tests have shown superior absorption and it takes just one minute. <a href="http://collegiateinventors.org/current-finalists/">Read more about all the 2016 CIC finalists and winners.</a></p>
<p>The top undergraduate winner and top graduate winner each received $10,000. Second and third place winners were also recognized with cash and prizes.</p>
<p>The Collegiate Inventors Competition is one of several important programs the USPTO conducts in collaboration with NIHF. Others include Invention Playground for preschool children, Camp Invention and Club Invention for elementary school children and Invention Project for middle school students. Altogether, NIHF programs reach hundreds of thousands of young Americans every year, promoting a better understanding of the vital role intellectual property and innovation play in our lives and our economy, and helping build entrepreneurial skills for the next generation of inventors.</p>
<p><a href="https://www.facebook.com/media/set/?set=a.1441758935837593.1073741868.114912688522231&type=1&l=1e161a5fe4">View a USPTO Facebook album of photos from CIC</a>.</p>
https://www.uspto.gov/blog/director/entry/results_of_the_clarity_of
Results of the Clarity of the Record Pilot
USPTO
2016-11-08T05:58:46-05:00
2016-11-08T06:40:21-05:00
<p>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</p>
<p>I’m pleased to report that we have completed the <a href="https://www.uspto.gov/patent/initiatives/clarity-record-pilot">Clarity of the Record Pilot</a> launched earlier this year as part of our <a href="http://ptoweb.uspto.gov/patents/quality-initiative/">Enhanced Patent Quality Initiative</a>. We’ve achieved our goal of identifying some best practices for enhancing the clarity of various aspects of the prosecution record. These include best practices for documenting the USPTO’s positions with respect to claim interpretation, reasons for allowance, and interview summaries as well as encouraging examiners to initiate pre-search interviews when needed to gain a better understanding of the claimed invention. I would like to fill you in on some of our findings, and also encourage you to attend our day-long <a href="https://www.uspto.gov/patent/patent-quality-conference">patent quality conference</a> on December 13, where we will report in detail on the progress of the dozen or so programs in the <a href="http://ptoweb.uspto.gov/patents/quality-initiative/">Enhanced Patent Quality Initiative</a>.</p>
<p>Through this pilot, we identified the following best practices as key drivers for clarity and trained our examiners on these practices: </p>
<p>For interview summaries, providing: </p>
<ul>
<li>the substance of the examiner’s position </li>
<li>details of any agreement reached </li>
<li>a description of the next steps that will follow the interview </li>
</ul><br />
<p>For reasons for allowance:</p>
<ul>
<li>addressing each independent claim separately </li>
<li>particularly identifying the applicant’s persuasive arguments (wherever they may be in the record) </li>
<li>identifying allowable subject matter of the claim rather than merely reciting the entire claim as the basis for allowance </li>
</ul><br />
<p>For claim interpretation: </p>
<ul>
<li>putting all 35 USC 112(f) presumptions on the record </li>
<li>explaining how the presumptions were overcome </li>
<li>identifying on the record the structure in the specification that performs the function </li>
<li>when a prior reference is used to reject multiple claims, clearly addressing specific limitations in each claim that is anticipated by the art </li>
</ul>
<br />
<p>As a result of this pilot, we found there is progress to be made in the treatment of 35 USC 112(f) limitations, interview summaries, and reasons for allowance, while our highest clarity was in the area of 35 USC 102 and 103 rejections. Going forward, we plan to continue increasing clarity in all aspects of our practice. </p>
<p>Overall, we measured 68 unique data points, each data point representing a different best practice for achieving clarity. We found that on average, pilot examiners used 14% more of these best practices in pilot cases as compared to control cases, and this increased use of best practices contributed to an increase in overall clarity in pilot cases. Notably, we found that in pilot cases examiners employed:</p>
<ul>
<li>38% more best practices as compared to control cases for 35 USC 102 rejections and </li>
<li>140% more best practices as compared to control cases for assessments of 35 USC 112(f) limitations. </li>
</ul>
<br />
<p>Also, we found that pilot participants carried on using the best practices they learned in the pilot, even to applications <u>not</u> in the pilot program. This is a strong indication that the examiners embraced the training. We also had anecdotal evidence that pilot participants encouraged fellow, non-pilot examiners to use the best practices during the prosecution of their own cases. Clearly the pilot participants saw a value to using these best practices when examining applications. </p>
<p>The Clarity of the Record Pilot ran from March 6 to August 20 of this year. To ensure a diverse pool of examiners, we invited randomly selected utility patent examiners with at least two years of patent examining experience to participate. All told, 125 examiners representing all utility technology centers participated, and roughly two-thirds of these participants were primary examiners. </p>
<p>The pilot kicked off with initial training in the form of four different modules – an initial module to provide participants with an overview of the pilot and three modules to provide identified best practices to enhance clarity with respect to the pilot’s three focus areas – claim interpretation, reasons for allowance and interview summaries. All of the modules started with a discussion about the goals of the pilot and the importance of clarity of the record. </p>
<p>Pilot participants were expected to use identified best practices when drafting office actions for a select number of cases. In addition, throughout the pilot, participants attended meetings (called “quality enhancement meetings”) to discuss interesting takeaways with fellow pilot participants. The quality enhancement meetings were typically held with examiners working within similar technologies; however, there were also pilot-wide meetings involving invited speakers, including a judge from the Patent Trial and Appeal Board and the Commissioner for Patents, who shared their perspective on the importance of clarifying the prosecution record. Participants also met biweekly with a pilot manager to receive one-on-one training and to consult on lessons learned.</p>
<p>To evaluate the pilot, the Office of Patent Quality Assurance reviewed the clarity of approximately 2,600 cases for a statistical assessment of whether the best practices of the pilot improved the clarity of office actions. In addition, we analyzed feedback from the quality enhancement meetings and training sessions, including a list of best practices developed by the pilot participants. Using this information, we identified the best practices that were key drivers of overall clarity. Based on the results from the pilot program, we are analyzing the data to provide recommendations on implementation of the pilot’s best practices across the patent examining corps.</p>
<p>Please join us at our <a href="https://www.uspto.gov/patent/patent-quality-conference">patent quality conference</a> on December 13, where we will share more details and results on the Clarity of the Record Pilot and other EPQI programs.</p>
https://www.uspto.gov/blog/director/entry/it_innovation_at_the_uspto
IT Innovation at the USPTO in 2016
USPTO
2016-11-07T11:28:47-05:00
2016-11-07T12:20:47-05:00
<p>Guest blog by Chief Information Officer John Owens II</p>
<p>As the year comes to a close, it is a perfect time to reflect on our current successes, and challenge ourselves to continually improve our information technology (IT) systems. As the Chief Information Officer, I am focused on driving innovation at the USPTO while protecting our nation’s cutting edge ideas.</p>
<p>The Office of the Chief Information Officer (OCIO) works hard every day to make sure both our existing systems and our new “next generation” systems enable examiners to accomplish their important work. We are building excellent tools for the public while we drive to fine-tune our own processes for greater efficiency. Supported by more robust, updated IT systems and tools, USPTO examiners will be able to leverage these tools, and new data, to issue the best quality patents. and trademarks. When we improve systems and services for our examiners, the public benefits as well.</p>
<p><strong>Bringing you next generation technology</strong></p>
<p>Since day one, I have been committed to getting rid of legacy systems and bringing next generation technology to USPTO employees. This year, we got even closer to that goal. For patent examiners, we’ve been testing a new Examiner Search tool that will replace the existing EAST and WEST systems. Currently, 200 examiners are using it and it’s expected to be rolled out to all examiners in December 2016. The Patent Trial and Appeal Board’s End to End (PTAB E2E) system was deployed in July, supplementing the existing PRPS system, and has received tremendous positive feedback. In Trademarks, Law Office 122 is using Trademark Next Generation (TMNG) which we will roll out to the remaining Law Offices through fiscal year 2017. TMNG will replace all legacy systems with one, cohesive, web application. </p>
<p><strong>DevOps has a firm hold</strong></p>
<p>Our journey towards DevOps is well on its way as we have partnered with the Office of the Chief Financial Officer to cement it in our culture through the continuous development of Fee Processing Next Generation. We’re piloting weekly deployments of bug fixes with great success. The lessons learned will cascade throughout all products. We are also using blue green deployments on three products to decrease any outages to our customers during their maintenance. As DevOps is very much a community culture, we also hosted <a href="https://www.devopsdays.org/events/2016-washington-dc/welcome/">DevOpsDays DC in June</a>, which sold out in the first day. We look forward to even more DevOps events in the future.</p>
<p><strong>Embracing open source and open data</strong></p>
<p>Open data is a call to action -- which is why we created the <a href="https://developer.uspto.gov/">USPTO’s Open Data Portal</a>. We’ve been working hard to make our centuries worth of data into a form the public can easily access and manipulate. We continue to add to and improve our <a href="https://github.com/USPTO">GitHub library</a>, and some of our current projects include design patterns, a tool to help parse patent data, and a trademark status app. </p>
<p><strong>Your customer experience</strong></p>
<p>We constantly engage with our internal and external customers. You are a critical partner in our success, and we’ve been working hard to make our systems as user friendly as possible. To that end, we’re moving towards an enterprise single sign-on (SSO) with role-based accounts. Which means, eventually you will not need to log in separately to every system you use, but instead just log in once, and we do the rest. The SSO system will recognize what systems you are authorized to use and will give you access. </p>
<p>Finally, in order to assist the intellectual property community, this year we opened two new Patent and Trademark Resource Centers, in Las Cruces, NM, and San Jose, CA. </p>
<p><strong>What to look for in 2017</strong></p>
<p>In 2017, we will continue to expand the role-based accounts to more systems that will dramatically improve customers’ USPTO logged in experience. Starting in the spring, we will be upgrading to Windows 10. Late in 2017, you will be seeing improvements to how to search and file for both patents and trademarks. <br />I look forward to sharing more updates with you in the future as we continue to use the latest technology to support the USPTO and the public.<br /></p>
https://www.uspto.gov/blog/director/entry/enhancements_to_trademark_trial_and
Enhancements to Trademark Trial and Appeal Board Proceedings
USPTO
2016-11-03T11:03:21-04:00
2016-11-03T11:10:58-04:00
<p>Guest blog by Chief Administrative Trademark Judge Gerard F. Rogers</p>
<p>The Trademark Trial and Appeal Board (TTAB) announced the culmination of an in-depth outreach effort to stakeholders focused on enhancing the Board’s appeal and trial processes. In a <a href="https://www.gpo.gov/fdsys/pkg/FR-2016-10-07/pdf/2016-23092.pdf">Notice of Final Rule-Making (NFRM), published in the Federal Register on October 7, 2016</a>, the USPTO said new rule changes will benefit the public by providing more clarity in the rules, flexibility for parties involved in Board proceedings, and increased procedural efficiency. At the same time, the rules further a USPTO strategic objective to increase end-to-end electronic processing of trademark matters, which reduce costs to the USPTO and the public, and helps avoid errors that may creep into records during manual entry of data contained in paper filings. </p>
<p>The last major set of TTAB rule changes took effect in 2007. Since then, there have been case law developments, changes in the Federal Rules of Civil Procedure, and the rollout of the USPTO’s Accelerated Case Resolution (ACR) process. Therefore, it is an ideal time to update the rules to make the benefits of ACR available to all parties, as well as to promote electronic filing and communication. The rule changes, major provisions of which are summarized below, reflect significant input from the Trademark Public Advisory Committee, individual stakeholders, and professional associations, and have been well-received since publication in the Federal Register.</p>
<p>One of the most overarching rule changes involves the Board assuming responsibility for service of the complaint filed to initiate an inter partes proceeding. This rule change shifts responsibility for service of the complaint in an opposition or cancellation proceeding from the plaintiff to the Board, in an effort to reduce the responsibilities of litigants during the commencement of a proceeding. </p>
<p>Another exciting change is the Board moving exclusively to use of electronic filings and communication. In this new all-electronic environment, instead of mailing hard copies of institution orders and complaints, the Board forwards an order by email, with a link to both the proceeding file and the complaint, as displayed in the Board’s electronic docketing system known as TTABVUE. The rule changes also mandate that parties file documents through ESTTA, the Board’s electronic filing system. That requirement results in cost-savings to the USPTO and to private litigants, and will increase the efficiency with which the Board can process matters. Finally, filings and papers are now required to be exchanged between parties by email, with exceptions made for technical problems or extraordinary circumstances; and to allow the parties flexibility, they may agree to alternate methods of communication or exchange of documents and information that work best in their particular circumstances. </p>
<p>Reflecting recent amendments to the Federal Rules of Civil Procedure, new discovery provisions in the rule changes help curtail abuse and reduce litigation expense for stakeholders. The number of requests for production of documents and requests for admission are now limited to 75, paralleling the current limitation on interrogatories. To avoid disadvantaging parties that use requests for admission to authenticate produced documents, the changes provide for one comprehensive request for admission to the producing party to seek authentication of identified documents or specification of those documents which cannot be authenticated. This option facilitates introduction of produced documents at trial by notice of reliance, rather than through painstaking witness identification and testimony, thereby providing the parties more flexibility during trial. Finally, the rule changes afford the parties substantial flexibility to stipulate to various limitations on discovery in terms of duration, number of requests, and the elimination of discovery altogether. </p>
<p>Additionally, the rule changes establish new deadlines in discovery, paving the way for another significant change -- a requirement that motions to compel discovery or to determine the sufficiency of responses to requests for admission be filed prior to the deadline for plaintiff’s pretrial disclosures. These revisions help parties avoid the expense and uncertainty that arise when discovery disputes erupt on the eve of trial and ensure parties make pretrial disclosures and engage in trial preparation only after all discovery issues have been resolved. As with the timing of motions relating to discovery disputes, motions for summary judgment must be filed prior to the deadline for plaintiff’s pretrial disclosures. This avoids disruption of trial planning and preparation which can occur by filing such motions late in the process.</p>
<p>ACR procedures have proven particularly effective at streamlining trial proceedings. These include agreements to limit discovery and to shorten trial periods or the time between trial periods, and stipulations to certain facts or to the admissibility of documents or other evidence. Accordingly, parties are still able to enter into stipulations regarding proffers of testimony, but the rules allow any party unilaterally to choose to present trial testimony by affidavit or declaration, subject to the right of cross-examination by the adverse party or parties.<br />Finally, the rule changes include expanding the parties’ options through which evidence is submitted during trial. Parties may now make of record, via notice of reliance, pleaded registrations and registrations owned by any party by submitting a current copy of information from the USPTO electronic database records showing current status and title; and the rule changes codify this option. In addition, parties may now also use the notice of reliance method for submitting internet materials.</p>
<p>The rule changes become effective January 14, 2017, and apply to all proceedings pending at that time or begun thereafter. All employees at the Board, including our 243 information specialists and paralegals, our 245 attorneys, and our judges, have been involved in identifying these improvements, and we strongly believe that these changes help streamline our trial proceedings and avoid unnecessary expense and complications for parties involved in our cases. We continue to welcome any feedback you have on TTAB trial proceedings in order to increase clarity, efficiency, and effectiveness of our processes.</p>
https://www.uspto.gov/blog/director/entry/when_patents_and_trademarks_go
When Patents and Trademarks Go Bump in the Night
USPTO
2016-10-21T06:47:56-04:00
2016-10-21T06:47:56-04:00
<p><a href="https://www.commerce.gov/news/blog/2016/10/when-patents-and-trademarks-go-bump-night">A post about the USPTO from the Department of Commerce</a> </p>
<p>Innovation comes in all shapes and forms, and <a href="https://twitter.com/uspto/status/515560463728668672">every October</a> the U.S. Patent and Trademark Office (USPTO) uses social media as a fun and timely way to educate the public about the importance of intellectual property (IP) and how it impacts their everyday lives. <a href="https://twitter.com/uspto/status/395957858291814400">Halloween</a> is crawling with countless examples of intellectual property. From the registered trademarks protecting the candy you eat and the costumes you wear, to the utility and design patents behind the tools to make them, IP is alive and well. </p>
<p>Several years ago, the USPTO decided to explore the deepest and darkest corners of more than two centuries worth of patent and trademark archives as a seasonal extension of its Today in Patent and Trademark History series known as “Creepy IP.” Whether it’s the <a href="https://www.facebook.com/uspto.gov/photos/?tab=album&album_id=294252403921591">trademark for Ghostbusters</a>®, a <a href="https://twitter.com/uspto/status/519115475348115456">sound mark for Darth Vader</a>®, a <a href="https://www.facebook.com/uspto.gov/photos/?tab=album&album_id=294252403921591">patent for a winged suit to fly away from a burning building</a>, a <a href="https://twitter.com/uspto/status/524909773700214784/photo/1?ref_src=twsrc%5Etfw">patent for producing lifelike simulations to inanimate objects</a>, or a <a href="https://twitter.com/uspto/status/119827505719947264">patent for vampire-shaped pasta</a>, the USPTO’s public records are full of interesting inventions and commercialized products from the past. </p>
<p>Since its initial launch in October 2011, the #CreepyIP hashtag has generated wide appeal and remains one of the USPTO's most successful interactive social media campaigns with other federal agencies, private companies, the press, and members of the general public routinely using the hashtag to contribute their own intellectual property-inspired posts. Part of the USPTO’s mission is to educate the public about the importance of IP, and it does this through programs throughout the year as well as digitally and with social media.</p>
<p>Creepy IP generates tremendous awareness by highlighting the touchpoints where patents and trademarks impact our daily lives. Innovation and creative endeavors are indispensable elements that drive economic growth and sustain the competitive (and sometimes creepy) edge of the U.S. economy. In turn, IP protection provides incentives to invent and protects innovators from unauthorized use of their creepy inventions. </p>
<p>View the <a href="https://www.facebook.com/uspto.gov/photos/?tab=album&album_id=294252403921591">USPTO’s Facebook album</a> of Creepy IP posts. Follow the USPTO on <a href="https://twitter.com/uspto">Twitter </a>and <a href="https://www.facebook.com/uspto.gov">Facebook</a> or contribute to #CreepyIP this October. Happy Halloween!</p>
https://www.uspto.gov/blog/director/entry/2016_national_trademark_expo_october
National Trademark Expo October 21-22
USPTO
2016-10-17T05:51:24-04:00
2016-10-17T05:56:28-04:00
<p>Guest blog by Commissioner for Trademarks Mary Boney Denison</p>
<p>I am pleased to invite you to attend the 2016 National Trademark Expo on Friday October 21st and Saturday October 22nd in Washington, D.C. The two-day event is free and designed to educate the public about the instrumental role that trademarks play in business development and the value of trademarks for growth in the global marketplace. </p>
<p>The theme of the 2016 Expo is “Movement and Energy.” Highlighting key themes such as “Unusual Trademarks” and “Brand Evolution,” the Expo will offer a variety of educational seminars including “Trademark Basics,” “Applying to Seek Federal Registration” “What Happens After Registration,” and “Why Buy Legit.” A number of our country’s leading corporations, small businesses, and governmental agencies will also be on site, highlighting their trademarks and providing information on the benefits of federal trademark registration. </p>
<p>We’re very excited that this year’s opening ceremony, which takes place on Friday October 21st at 10 a.m., will feature the U.S. Army’s Continental Color Guard wearing replica 1784-style infantry uniforms as well as a singing of our National Anthem. This year, the guest speaker at the Expo’s opening ceremony will be Kevin Haley, Under Amour’s President of Category Management & Innovation, who will discuss the importance of Under Amour’s federal trademark registrations. </p>
<p>The Expo will also feature children's workshops and guided tours of educational content and exhibits. Costumed characters, led by our very own <a href="https://www.uspto.gov/kids/team2.html">T. Markey</a>, will be introduced during the opening ceremony and make appearances throughout both days of the Expo, and inflatable characters will be on display. This year’s Expo will feature exhibits and display cases of authentic goods alongside counterfeit goods, including a display by the Indian Arts and Crafts Board. Losses to U.S. businesses from counterfeiting of trademarked consumer products are estimated at billions of dollars and hundreds of thousands of jobs annually and create serious public health risks and safety hazards. The Expo is part of the Trademark organization’s continuous efforts to educate the public on the role of trademarks. The last several Trademark Expos attracted thousands of visitors of all ages and I encourage you to bring your friends and family. </p>
<p>If traveling by metro, the auditorium is a short walk from the Federal Triangle Metro station, or if driving, view <a href="http://mellonauditorium.com/directions-to-the-auditorium/">directions and parking information</a>. For additional information, please visit the <a href="http://www.uspto.gov/trademark/trademark-updates-and-announcements/about-usptos-national-trademark-expo">Trademark Expo page</a> of the USPTO website.</p>
https://www.uspto.gov/blog/director/entry/protecting_the_rights_of_american
Protecting the Rights of American Innovators in Cuba
USPTO
2016-10-14T08:52:08-04:00
2016-10-14T08:55:33-04:00
<p>Guest blog by Russ Slifer, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO</p>
<p>President Obama’s historic announcement, just two years ago, paved a new course of history for a more open U.S.-Cuba relationship—and today <a href="https://www.whitehouse.gov/the-press-office/2016/10/14/statement-president-presidential-policy-directive-cuba">the Administration is taking steps</a> to not only break down economic barriers, but also give way to more scientific collaboration, unlocking new opportunities for innovation. That presents a dynamic opportunity for the U.S. Patent and Trademark Office (USPTO) — an agency of the U.S. Department of Commerce — to support and facilitate trade and investment between our countries. That’s why under leadership of President Obama and Secretary Pritzker, we are working to create a framework for strong intellectual property rights that will anchor investment, and fuel research and development in both countries. And it’s also why last week I participated in an historic office-to-office meeting between the USPTO and the Cuban Intellectual Property Office (OCPI) during the World Intellectual Property Office (WIPO) General Assemblies in Switzerland, to exchange perspectives on how each of our systems can be strengthened for the 21st century.</p>
<p>As authorized commercial ties between Cuba and the United States strengthen, intellectual property (IP) plays a key role in future trade and foreign direct investment. Strong IP rights help anchor foreign direct investment and capital flows both by bringing adequate rule of law but also by inspiring market confidence in terms of the commercial enforceability of IP. Accordingly, the USPTO has begun to engage with our Cuban counterparts in ground-breaking meetings over the past few months to develop a long term strategy to protect IP in the region. </p>
<p>Just this September, the USPTO participated in a regional WIPO seminar on the Patent Cooperation Treaty (PCT) held in Havana to explore ways in which we are currently enabling country to country filings. USPTO staff discussed the U.S. experience with implementing the PCT, which aims to simplify the process of filing foreign patent applications. Additionally, I traveled to Havana to meet with Cuban officials, including OCPI, to discuss the USPTO’s mission and to reaffirm our interest in possible future collaboration on IP matters.</p>
<p>In May 2016, USPTO staff traveled to Cuba to participate in a series of events organized by WIPO and the OCPI to begin a dialogue to strengthen the relations between our two offices. Participants included academia, local industry, IP professionals, and government officials and focused primarily on patents and technology transfer issues. During this trip, USPTO officials were able to conduct the first face-to-face meetings with OCPI officials in over fifty years. We provided background information about the USPTO’s patent and trademark operations and expressed interest in establishing a solid foundation for future collaboration.</p>
<p>This series of steps is just the beginning, but it builds upon actions Secretary Pritzker and President Obama have taken to help position businesses for future growth in both our countries, facilitate trade, and drive investment. We are focused at the USPTO on championing IP both domestically and abroad, as businesses in a global economy need the security of knowing that their innovative technology, brands, creative works and even trade secrets, are secure in foreign markets.</p>
<p>As our authorized commercial ties with Cuba begin to strengthen, there is no doubt that U.S. companies will increase their use of the Cuban IP system. With this in mind, it is important for the USPTO to establish a line of communication and build a relationship with our Cuban counterparts to help achieve this objective. We are optimistic that our relationship with OCPI, and with Cuba in general, will continue to strengthen.<br /></p>
https://www.uspto.gov/blog/director/entry/improving_the_trademark_register
Improving the Trademark Register
USPTO
2016-10-05T06:04:52-04:00
2016-10-05T11:03:33-04:00
<p>Guest Blog from Commissioner for Trademarks Mary Boney Denison</p>
<p>When selecting a mark for a new product or service, a business will search the USPTO database of registered marks to determine whether a particular mark is available. Registered trademarks that are not actually in use in commerce unnecessarily block someone else from registering the mark.</p>
<p>To ensure the accuracy of our trademark registry, in 2012, the USPTO launched a pilot program to gather data on whether registered marks were actually being used on the products and services listed on their registrations.</p>
<p>During the pilot, in 500 randomly-selected maintenance filings we required the registrant to submit proof of use for two additional items for each class listed on the registration. Although the registrant must submit one example of use per class in a maintenance filing, typically the registration will list multiple products or services for each class.</p>
<p>At the conclusion of the pilot, the USPTO determined that in more than half of the trademark registrations selected, the owner was unable to verify the actual use of the mark for the goods or services queried. This was in spite of the owner having recently sworn under penalty of perjury to such ongoing use as part of the maintenance filing. We issued a report on the results and held a <a href="http://www.uspto.gov/trademark/trademark-updates-and-announcements/uspto-roundtable-ensuring-accuracy-and-integrity">roundtable</a> to discuss the results and next steps. The consensus among roundtable participants was that the results of the pilot program indicated a need for some action to improve the accuracy and integrity of the register. As a result of these findings and input from the trademark community, we are now taking a three-pronged approach to tackling the so-called “deadwood” in our searchable database of registered marks.</p>
<p><strong>First, we are increasing the readability of the registration declaration.</strong> We have reformatted the declaration to it make it more readable and therefore more likely for the signer to read the declaration swearing to use for each and every good or service listed.</p>
<p>Figure (1): Current Form</p>
<p><img border="0" hspace="0" alt="Current Form" src="https://www.uspto.gov/blog/director/resource/tm-currentform.png" align="baseline" /><br /></p>
<p>Figure (2): New Form</p>
<p> <img border="0" hspace="0" alt="New Form" vspace="10" src="https://www.uspto.gov/blog/director/resource/tm-newform.png" align="baseline" /></p>
<p><strong>Second, we are planning to make the random audits of existing registrations permanent.</strong> A Notice of Proposed Rulemaking (NPRM) to make our random audits program permanent published June 22 in the Federal Register. The comment period recently closed and we are now drafting a final rule.</p>
<p>Once implemented, attorneys representing trademark registrants will be able to make registrants aware that, in order to maintain their registrations, they may be asked to submit and prove use on more than the one item of goods or services per class. Specifically, for selected registrations, we may require submission of information, exhibits, affidavits or declarations, and additional specimens to ensure that the register accurately reflects the marks are in use in United States for all goods and services identified in registrations, unless excusable nonuse exists.</p>
<p><strong>Third, we are considering proposing one or more new or revised procedures to cancel registrations for marks either no longer in use or never in use.</strong> On April 28, the Trademark Public Advisory Committee convened an executive session to discuss the possibility of a new expungement procedure as well as several streamlined Trademark Trial and Appeal Board (TTAB) cancellation procedures. Preliminary meetings with various stakeholder groups continue. We are close to fully developing these concepts. Under consideration are options that include: </p>
<ul>
<li>A Trademark Examining Operation Nonuse Expungement Proceeding where the Director will expunge registrations that have never been used, upon request, and </li>
<li>A new TTAB proceeding to expunge registrations that have never been used, and </li>
<li>Streamlined TTAB procedures where goods and services in question can be deleted if the TTAB determines that the mark has been abandoned or that use-requirements were not met during the initial USPTO examination process. </li>
</ul>
<p>Ensuring the integrity of the Federal Trademark Register is of utmost importance to the USPTO. Please be on the lookout for further updates on this important topic.</p>
https://www.uspto.gov/blog/director/entry/uspto_launches_new_jobs_pages
USPTO Launches New Jobs Pages and Outreach to Hispanic Millennials
USPTO
2016-10-04T07:30:00-04:00
2016-10-04T11:43:58-04:00
<p>Guest Blog by Director of the Office of Equal Employment Opportunity and Diversity Bismarck Myrick</p>
<p>USPTO’s mission, providing timely and high quality examination of patent and trademark applications, could be compromised with 18% of our workforce eligible to retire in the next 3-5 years. Therefore, it is crucial that we actively recruit new talent from across the country and from all backgrounds.</p>
<p>As we celebrate Hispanic Heritage Month, we recognize that <a href="http://www.uspto.gov/jobs/hispanic-voices-0">Hispanic employees at the USPTO</a> provide a richness in skill, creativity, thought leadership and determination.</p>
<p>Through our newly redesigned careers pages, “<a href="http://www.uspto.gov/jobs">USPTO Jobs</a>,” social media, and other digital means, the USPTO is modernizing the way we recruit prospective employees, with special attention paid to reaching highly-qualified jobseekers from underrepresented groups. In particular, I am delighted to announce a new digital outreach strategy designed to reach Hispanic Millennials, making sure they know about job opportunities at the USPTO.</p>
<p>In June 2009, engineers at the USPTO formed the <a href="http://www.shpe-uspto.org/index.html">first U.S. government professional chapter of the Society of Hispanic Professional Engineers</a>, SHPE-USPTO. SHPE-USPTO programs foster the professional, educational and cultural support that members rely on for career advancement and success at USPTO. <br />SHPE-USPTO also played an instrumental role in supporting the expansion of the agency’s telework program to Puerto Rico. As of April 2016, interested and eligible employees now have another telework option outside of the USPTO's 50-mile commuting radius. We expect that this step will not only help the USPTO’s efforts to spur innovation in more regions, but that enhance the Puerto Rican economy by bringing federal employee positions to the island.</p>
<p><a href="https://www.youtube.com/watch?v=DjLNTTPZYtc">Watch our video</a> to learn more about the impact that Hispanic employees are having at the USPTO. </p>
<p>Positions at the USPTO are available not only in our headquarters in the Washington DC area, but also in our <a href="https://www.uspto.gov/about-us/uspto-office-locations">regional offices</a> in Detroit, Denver, Dallas, and Silicon Valley, as well as remotely through our telework program. Speak to us this fall as we visit over 24 universities, and hold events from info sessions to Twitter chats. Follow us on <a href="https://www.linkedin.com/company/uspto">Linked In</a>, <a href="https://twitter.com/uspto">Twitter</a>, and <a href="https://www.facebook.com/uspto.gov">Facebook</a> for the latest details. And be sure to check out <a href="http://www.uspto.gov/jobs">USPTO Jobs</a>, which provides prospective employees with improved navigation, accessibility of agency news and information, and a live feed of job openings from USAJobs.gov. </p>
<p>We are a workforce of nearly 13,000 highly-skilled and motivated professionals including engineers, scientists, attorneys, strategists, and computer specialists – all dedicated to protecting U.S. intellectual property rights. The USPTO is one of the Best Places to Work in the Federal Government,® rankings produced by the Partnership for Public Service. <a href="http://www.uspto.gov/jobs/who-we-are">Read about some of our talented professionals</a>, and learn more about our <a href="http://www.uspto.gov/jobs/why-choose-us/worklife-balance">benefits</a>, <a href="http://www.uspto.gov/jobs/student-programs">student programs</a>, <a href="http://www.uspto.gov/jobs/veteran-hiring-program-0">veteran employment</a> and <a href="http://www.uspto.gov/jobs/hiring-people-disabilities">disability hiring programs</a>.</p>
https://www.uspto.gov/blog/director/entry/uspto_proposes_patent_and_ptab
USPTO Proposes Patent and PTAB Fee Adjustments
USPTO
2016-10-03T06:29:54-04:00
2016-10-03T06:30:37-04:00
<p>Guest blog by Commissioner for Patents Drew Hirshfeld and Chief Judge of the Patent Trial and Appeal Board David Ruschke</p>
<p>The Patent and Patent Trial and Appeal Board (PTAB) organizations continue to identify ways to deliver increasing value to the global intellectual property community. The USPTO has made tremendous progress reducing overall patent pendency, reducing our inventory of unexamined applications, enhancing patent examination quality, reducing the ex parte appeal inventory, and implementing the post-grant review proceedings established by the America Invents Act (AIA). While great progress has been made, there is still much to be accomplished.</p>
<p>Today, the USPTO issued a notice of proposed rulemaking (NPRM) using the fee setting authority of the AIA to strategically change certain patent and PTAB fees. The targeted fee increases proposed in the NPRM are projected to produce approximately 5% more patent revenue each fiscal year once fully implemented. With the added funding, we aim to:</p>
<ul>
<li>Continue progress towards the goals and objectives of the <a href="https://www.uspto.gov/sites/default/files/documents/USPTO_2014-2018_Strategic_Plan.pdf">USPTO FY 2014 – 2018 Strategic Plan</a> including reaching target pendency and backlog levels </li>
<li>Build upon the success of the <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative-0">Enhanced Patent Quality Initiative</a> (EPQI) and continue to strengthen the work products, processes, and services at all stages of the patent process </li>
<li>Advance our multi-year effort to update our critical information technology infrastructure via solutions like Patents End-to-End (PE2E) and PTAB End-to-End (PTAB E2E)—modern, enterprise solutions designed to improve efficiency, enhance accountability, and provide greater stakeholder satisfaction during interactions with our organizations </li>
<li>Support the PTAB’s continued efforts to recruit and hire staff to deliver high quality and timely decisions, particularly for AIA trials and reexamination and ex parte appeals </li>
<li>Work towards an optimal reserve balance, which will enable the USPTO to maintain service delivery when faced with immediate and temporary changes in economic conditions and/or operating circumstances </li>
</ul>
<p> </p>
<p>After consultation with the Patent Public Advisory Committee (PPAC), several key Patent organization fees have only modest increases, e.g., utility filing, search, examination, and issue fees; others have slightly larger increases, e.g., design filing, search, examination, and issue fees. Small and micro entity fees remain in place to foster innovation among small businesses and independent inventors. Maintenance fees remain unchanged. We propose to increase slightly the request for continued examination (RCE) fees to better align them with our costs. Other fee proposals affect excess claims, information disclosure statement (IDS) submissions, and Office of Enrollment and Discipline (OED) fees among others. A full list of fee change proposals is available on the <a href="http://www.uspto.gov/about-us/performance-and-planning/fee-setting-and-adjusting">USPTO’s Fee Setting and Adjusting website</a>.</p>
<p>For the PTAB organization, since the initial AIA patent fee rulemaking in 2013, ex parte appeal fees have enabled the PTAB to hire more judges and greatly reduce the appeals backlog, which reached over 27,000 (in 2012), to under 17,000 (in August 2016). Additional fee revenue from higher appeal fees will support further backlog and pendency reductions.</p>
<p>The PTAB has significantly strengthened capacity in recent years to manage its growing workload. The PTAB received more than 4,700 petitions for AIA trial proceedings since 2012 and has met every deadline set by Congress for such trials. In the last iteration of patent fee setting, we had to estimate both demand (e.g., workload) and cost with little data available for the Inter Partes Reviews (IPRs), Post Grant Reviews (PGRs), and Covered Business Method Reviews (CBMs). Now, with three years of historical cost data, we have better insights into the full cost of services and can better estimate demand, which enables the USPTO to align fees more appropriately. Still, compared to their FY 2015 unit cost, all of the trial fees remain at or below our cost to deliver the service and offer a lower-cost alternative to costly litigation.</p>
<p>Given our goal to support the global intellectual property community, we take fee setting very seriously and thoroughly analyze the effects of proposed fee changes on our stakeholders. Following the last AIA patent fee setting that became effective in March 2013, this current rulemaking is the result of a comprehensive biennial fee review that began in 2015 and concluded with a recommendation for additional, targeted fee adjustments to help us achieve the aims delineated above.</p>
<p>In keeping with the AIA fee setting process, the results of the comprehensive biennial fee review were presented to the PPAC in October 2015 as an initial fee setting proposal. The PPAC conducted a hearing in November 2015 and accepted public comments before preparing a written report in response to the initial proposal. The USPTO considered the PPAC report (released in February 2016) and as a result made several revisions to the initial proposal to arrive at the package of fee adjustments contained in the NPRM.</p>
<p>A 60-day public comment period has now opened, and we welcome feedback from our stakeholders. After reviewing the comments, we plan to prepare a final rule for publication during the summer of 2017. <a href="https://www.gpo.gov/fdsys/pkg/FR-2016-10-03/pdf/2016-23093.pdf">The NPRM can be accessed here</a>. Comments on the fee proposals are due by December 2, 2016.</p>
https://www.uspto.gov/blog/director/entry/commemorating_five_years_of_the
Commemorating Five Years of the America Invents Act
USPTO
2016-09-26T08:07:04-04:00
2016-09-26T08:07:04-04:00
<p>Guest Blog by Dana Robert Colarulli, Director of the Office of Governmental Affairs </p>
<p>We’ve come a long way in five years. The <a href="https://www.uspto.gov/patent/laws-and-regulations/leahy-smith-america-invents-act-implementation">Leahy-Smith America Invents Act (AIA)</a>, signed in 2011 by President Obama, modernized the U.S. patent system and, as a result, helped strengthen America’s competitiveness in the global economy. Together with our stakeholders, the USPTO sought to implement the act consistent with the intent of Congress to increase certainty in our nation’s intellectual property (IP) landscape and enable the brightest ideas and most ambitious endeavors in the world to come to light.</p>
<p>I was there in 2011 and the years leading up to the President signing the AIA and have watched the agency embrace and implement the numerous provisions in the act. On Wednesday, September 21, members of Congress and key congressional staff, USPTO leadership, and stakeholders from industry and the inventor community came together again to commemorate the 5th anniversary of the AIA on Capitol Hill. </p>
<p>The event featured remarks from USPTO’s Director Lee, Representative Lamar Smith and Senator Patrick Leahy on the history of the AIA, the need for change, and the AIA’s impact on the IP system – even as we continue to evaluate these sweeping changes and look for ways to further improve our system. A panel discussion at the event focused on the impact the act has had on businesses and inventors of all sizes and what may be next in the way of improvements to the patent system. </p>
<p>The AIA implemented a number of significant changes to update and improve the U.S. patent system. Upon signing the bill in 2011, the President described what the bill hoped to accomplish this way: </p>
<p>“It’s a bill that will put a dent in the huge stack of patent applications waiting for review. It will help startups and small business owners turn their ideas into products three times faster than they can today. And it will improve patent quality and help give entrepreneurs the protection and the confidence they need to attract investment, to grow their businesses, and to hire more workers.” </p>
<p>The USPTO has delivered on that promise by reducing the patent application backlog by nearly 30 percent from its high in early 2009, speeding up examination including introducing a <a href="http://www.uspto.gov/patent/initiatives/usptos-prioritized-patent-examination-program">fast track option</a> with discounts for small entities, and leveraging the increased financial stability and fee setting authority provided by the act to reinvest user fees into increasing quality under Director Lee’s <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative-0">Enhanced Patent Quality Initiative</a>. </p>
<p>And just this week, the USPTO and the Economics & Statistics Administration at the Department of Commerce released an <a href="https://www.uspto.gov/sites/default/files/documents/IPandtheUSEconomySept2016.pdf">updated report</a> on the impact of IP on the U.S. economy, reiterating in quantifiable terms the importance of a well-functioning IP system. </p>
<p>The increased attention and focus on our IP system in recent years is critical, and our job to look for ways to further improve did not end with the AIA. Again, the President stated in 2011: </p>
<p>“And we have always succeeded because we have been the most dynamic, innovative economy in the world. That has to be encouraged. That has to be continued.”</p>
<p>Inventors and innovators in the U.S. and around the world deserve a system that evolves and improves right along with the pace of technology – an important reminder as we celebrate the 5th anniversary of the AIA.</p>
<p>Learn more about the impact AIA has had over the last five years in: </p>
<ul>
<li>Blog by Director Michelle K. Lee in the Huffington Post, “<a href="http://www.huffingtonpost.com/michelle-k-lee/a-dynamic-patent-system-a_b_12121746.html">A Dynamic Patent System and the Power of American Innovation</a>” </li>
<li>Director Lee’s <a href="http://www.uspto.gov/about-us/news-updates/remarks-director-michelle-k-lee-america-invents-act-fifth-anniversary-event">full remarks</a> at the September 21 event </li>
<li><a href="http://bit.ly/2cWSPqE">Facebook album of photos</a> from the September 21 event </li>
<li>Patent Pro Bono Program – <a href="http://www.uspto.gov/blog/director/entry/five_years_of_patent_pro">inventor success stories blog</a> </li>
<li><a href="https://www.uspto.gov/sites/default/files/documents/AIA%20infographic%209-2016.pdf">AIA 5th anniversary infographic</a> </li>
<li><a href="https://www.youtube.com/watch?v=bRXx6IRsws4">AIA video</a> </li>
</ul>
https://www.uspto.gov/blog/director/entry/transparency_in_patent_examination_prosecution
Transparency in Patent Examination Prosecution: Master Review Form
USPTO
2016-09-20T05:57:11-04:00
2016-09-20T05:57:11-04:00
<p>Guest blog by Deputy Commissioner for Patent Quality Valencia Martin Wallace</p>
<p>One important component of the USPTO’s commitment to achieve greater accuracy, clarity, and consistency in examination and prosecution is the <a href="http://www.uspto.gov/patent/clarity-and-correctness-data-capture">Clarity and Correctness Data Capture</a> (CCDC) program. As part of our <a href="http://ptoweb.uspto.gov/patents/quality-initiative/">Enhanced Patent Quality Initiative</a>, the goal of the CCDC is an improved data capture system to enable all reviewers of finished work products to consistently document and access quality review data in one place. By entering the results of these reviews into a single database, the USPTO will ultimately capture three to five times more data as a single data set than we have previously captured. With this larger data set, we will be able to identify trends at a more granular level, and in doing so, we will be poised to provide training and other educational opportunities to examiners, in order to achieve greater transparency in examination and prosecution. We are also updating our quality metrics in view of this new data, which will be the subject of a future blog post. </p>
<p>As part of this effort, the USPTO is standardizing reviews of finished work products through the use of a single review form, called the “Master Review Form” (MRF). Reviewers in the Office of Patent Quality Assurance (OPQA) and supervisors in our technology centers are already using this form. The MRF places a much greater emphasis on assessing the clarity of an examiner’s reasoning in a rejection compared to past review forms, while maintaining our historic focus on addressing the correctness of an examiner’s action. In addition, the MRF provides reviewers with a greater ability to flag instances of high quality or best practices during their reviews to allow the USPTO to acknowledge these high-performing examiners as well as to provide a set of readily identifiable examples of high quality work that can be used for training purposes. Further, the Master Review Form is a “smart”, software-based form, so reviewers see only those sections of the form that are pertinent to the review that they are doing, which allows reviewers to be more efficient when recording the results of their reviews.</p>
<p>We are continuing to assess the Master Review Form to ensure it strikes the right balance between the level of detail captured by the form and the time it takes to fill out the form. To this end, we have conducted surveys and focus sessions with OPQA reviewers as well as supervisors in the technology centers. These surveys and focus sessions have identified changes to questions as well as a need for better guidance on how to fill out the form. We also published a <a href="https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-06851.pdf">Federal Register Notice</a> in March 2016 seeking comments on the MRF. We received <a href="http://www.uspto.gov/patent/laws-and-regulations/comments-public/comments-improving-patent-quality-measurement">32 comments</a> expressing a general desire for more detail in the MRF’s sections to evaluate causal effects, especially the search section, as well as identifying a need for a guidance document for the public. Based on all of this feedback, we created a new version of the <a href="http://www.uspto.gov/sites/default/files/documents/Master%20Review%20Form%20-%20Operations%20-%202_0.pdf">Master Review Form</a>, which OPQA and the technology centers are currently using, and updated guidance for this new version. </p>
<p>Further, we are testing the MRF by using it when conducting case studies as part of the Topic Submission for Case Studies program. Historically, OPQA was able to conduct a very limited number of case studies every year due to resource constraints because each case study typically required a large number of extensive reviews. The <a href="http://www.uspto.gov/patent/initiatives/topic-submission-case-studies-pilot-program">Topic Submission for Case Studies</a> program has allowed us to test the extent to which we can use data from the Master Review Form in place of such extensive reviews. </p>
<p>Even though we only began using the Master Review Form in OPQA in November 2015, we have completed over 11,000 reviews so far this fiscal year and expect to complete at least another 1,000 reviews by the end of the year. In contrast, OPQA completed 7,900 reviews in fiscal year 2015. Next fiscal year, OPQA expects to complete over 18,500 reviews. As the MRF’s database continues to grow over the coming years with hundreds of thousands of reviews covering a large range of issues, the USPTO will have an even richer data set to use when identifying quality trends, answering questions we would otherwise have had to answer through a case study, and providing more precise quality metrics. This will have an impact for years to come.</p>
https://www.uspto.gov/blog/director/entry/five_years_of_patent_pro
Five Years of Patent Pro Bono Success
USPTO
2016-09-16T07:07:53-04:00
2016-09-16T07:53:30-04:00
<p>Guest blog by Will Covey, Deputy General Counsel and John Kirkpatrick, Patent Pro Bono Coordinator</p>
<p>Five years ago, President Obama signed the America Invents Act (AIA) into law, bringing sweeping changes to the U.S. patent system. In addition to those major changes, other aspects of the AIA focused on leveling the playing field for inventors and entrepreneurs. Today, we want to talk about one of those aspects, Section 32. </p>
<p>Section 32 provides that the U.S. Patent and Trademark Office (USPTO) “work with and support intellectual property law associations across the country in the establishment of pro bono programs designed to assist financially under-resourced independent inventors and small businesses.” In doing so, Congress acknowledged “the importance of individuals and small businesses to the patent system and our national culture of innovation.” </p>
<p>The ink had barely dried on the President’s signature when the pilot <a href="http://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/patent-pro-bono-program">Patent Pro Bono Program</a> officially launched in Minnesota, as a collaboration between the USPTO and LegalCORPS, a nonprofit legal resource center based in Minneapolis. By late summer 2013, the first patents had begun issuing from the program, and multiple other programs were being established throughout the country. Further direction from the President’s Executive Action dated February 20, 2014, prompted the USPTO to appoint a full-time Pro Bono Coordinator and designate additional resources to establish programs across the country. Today, there are 20 programs that provide coverage for the entire United States, with many patents already issued and new applicants being accepted every day.</p>
<p>In every patent, there’s a story. Take for example Travis Kelly, from Backus, Minnesota.</p>
<p>Travis invented a <a href="http://pdfpiw.uspto.gov/.piw?Docid=08677636&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect2%3DPTO1%2526Sect2%3DHITOFF%2526p%3D1%2526u%3D%2Fnetahtml%2FPTO%2Fsearch-bool.html%2526r%3D1%2526f%3DG%2526l%3D50%2526d%3DPALL%2526S1%3D8677636.PN.%2526OS%3DPN%2F8677636%2526RS%3DPN%2F8677636&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page">simple but effective device</a> to take the guesswork out of home door installations. He couldn’t afford to hire an attorney and had filed a provisional patent application on his own. After finding out about the pro bono program, he applied and received legal representation from volunteer attorney Kate DeVries Smith. His patent issued in 2014. Today, Travis and his wife Jennifer run a small business, JenTra Tools. They’re selling thousands of units per year, and providing jobs and generating revenue in their community.</p>
<p>Then there is Deborah Campbell, from Grand Junction, Colorado, who after years of designing and prototyping, developed a <a href="http://pdfpiw.uspto.gov/.piw?Docid=09345265&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO1%2526Sect2%3DHITOFF%2526d%3DPALL%2526p%3D1%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsrchnum.htm%2526r%3D1%2526f%3DG%2526l%3D50%2526s1%3D9345265.PN.%2526OS%3DPN%2F9345265%2526RS%3DPN%2F9345265&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page">manual sushi-making machine</a> that can churn out rolls in just two minutes. She received pro bono assistance from the law firm of Merchant and Gould through Mi Casa Women’s Business Center in Denver. Having just received her patent this past May, Deborah plans to go into production and sell the device.</p>
<p>Glenn Vogel, a custom metal worker and father of three from Evergreen, Colorado, also received assistance through Mi Casa. In 2015, thanks to volunteer attorney Aaron Kraft, he patented a customizable <a href="http://pdfpiw.uspto.gov/.piw?Docid=09078516&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect2%3DPTO1%2526Sect2%3DHITOFF%2526p%3D1%2526u%3D%2Fnetahtml%2FPTO%2Fsearch-bool.html%2526r%3D1%2526f%3DG%2526l%3D50%2526d%3DPALL%2526S1%3D9078516.PN.%2526OS%3DPN%2F9078516%2526RS%3DPN%2F9078516&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page">wine storage rack</a> and saw his revenue increase by 20 percent.</p>
<p>The Patent Pro Bono Program offers patent legal professionals a way to give back to their communities in a structured and proven system. The program also helps establish lasting relationships between inventors and attorneys and agents that can prove valuable for both in the future. </p>
<p>But it’s not just inventors, attorneys, and agents who benefit. When inventors enlist the help of attorneys or agents, their applications tend to be more complete and meet statutory requirements, thereby enhancing patent quality.</p>
<p>As we celebrate the fifth anniversary of the AIA, we’d like to acknowledge the numerous individuals who have worked behind the scenes to make this program an overwhelming success. For many of them, from partners in the first firms to sign on, to the USPTO employees who traveled the country promoting the program, this was a unique opportunity to make a difference in the lives of independent inventors. In just five years, the Patent Pro Bono Program has launched dreams. In the next five, it will only continue to help turn new dreams into reality.</p>
https://www.uspto.gov/blog/director/entry/importing_prior_art_automatically_to
Importing Prior Art Automatically to Streamline Patent Examination Process
USPTO
2016-08-29T08:42:05-04:00
2016-08-29T08:42:05-04:00
<p>Guest blog by Mark Powell, Deputy Commissioner for International Patent Cooperation</p>
<p>As part of our continuing efforts to improve patent examination quality and efficiency, the USPTO will host a <a href="https://www.uspto.gov/patent/initiatives/patent-application-initiatives/roundtable-discuss-leveraging-electronic-resources">roundtable</a> on September 28, 2016 to discuss new ways to more efficiently identify prior art for patent applications. The USPTO plans to leverage electronic resources (e.g., Global Dossier and USPTO internal databases) to automatically import relevant information (e.g., prior art and search reports) into pending U.S. applications from sources such as domestic parent and counterpart foreign applications. This will streamline the patent examination process for both examiners and applicants, as outlined in our <a href="https://www.gpo.gov/fdsys/pkg/FR-2016-08-29/pdf/2016-20703.pdf">Federal Register Notice</a>.</p>
<p>An automated solution to deliver relevant information to the U.S. application file will enhance the examiner’s ability to identify the most relevant prior art as early as possible and likely increase efficiency of prosecution procedures. Of course, it will be critical to ensure our examiners are provided with the most relevant information without being overburdened with immaterial and marginally relevant information. The goal is to create a searchable application file that is built from applicant submissions, the examiner’s own search results, and information retrieved automatically.</p>
<p>This new system will more efficiently identify prior art in applications and streamline the process for both examiners and applicants. We are planning extensive stakeholder outreach to better understand the needs of applicants, such as how such a system should be controlled and what information should be documented relative to the imported information. (e.g., date, source, examiner consideration, etc.) We hope to hear from you on this initiative and look forward to receiving your input at our <a href="https://www.uspto.gov/patent/initiatives/patent-application-initiatives/roundtable-discuss-leveraging-electronic-resources">upcoming roundtable</a> on September 28, 2016.</p>
https://www.uspto.gov/blog/director/entry/uspto_launches_cancer_moonshot_challenge
USPTO Launches Cancer Moonshot Challenge
USPTO
2016-08-22T06:30:02-04:00
2016-08-22T06:30:02-04:00
<p>Guest Blog by Chief of Staff of the USPTO Vikrum Aiyer and Senior Advisor Thomas A. Beach</p>
<p>The USPTO is playing an important role in the <a href="http://www.uspto.gov/about-us/national-cancer-moonshot">National Cancer Moonshot</a>, a Presidential initiative we <a href="http://www.uspto.gov/blog/director/entry/uspto_support_of_national_cancer">blogged about earlier this summer</a>, to speed up cancer advances, make more therapies available to more patients, and improve the ability to prevent cancer and detect it at an early stage. Today, we are launching the <a href="https://www.challenge.gov/challenge/uspto-cancer-moonshot-challenge/">USPTO Cancer Moonshot Challenge</a> to enlist the public’s help to leverage our intellectual property data, often an early indicator of meaningful research and development (R&D), and combine it with other economic and funding data (ie. SEC U.S. Securities and Exchange Commission filings, Food and Drug Administration reporting, National Science Foundation grants vs. philanthropic investments, venture capital funding, etc.). This comes on the heels of our <a href="http://www.uspto.gov/patent/initiatives/patent-application-initiatives/patents-4-patients">Patents 4 Patients</a> program, which was launched in July and aims to cut in half the time it takes to review patent applications in cancer therapy.</p>
<p>The USPTO Cancer Moonshot Challenge will conclude on September 12 and winners will be announced on September 26. <a href="https://www.challenge.gov/challenge/uspto-cancer-moonshot-challenge/">Learn more</a> about the prizes. </p>
<p>Participants will have the opportunity to leverage USPTO Cancer Moonshot patent data to reveal new insights into investments around cancer therapy research and treatments. Some questions to address include: What are the peaks and valleys in the landscape of cancer treatment technologies? What new insights can be revealed by correlating R&D spending/funding to breakthrough technologies? What would trace studies of commercially successful treatments from patent to product tell us? With the data sets released through the USPTO Developer Hub, users will be able to use analytic tools, processes and complimentary data sets to build rich visualizations of intellectual property data, which will help illuminate trend lines for new treatments. During the three week challenge the USPTO will hold a <a href="https://www.uspto.gov/about-us/events/cancer-moonshot-challenge-info-session">USPTO Cancer Moonshot Workshop</a> to assist participants on Thursday August 25.</p>
<p>After the challenge has concluded, the USPTO, in tandem with other Moonshot Task Force partners, will look at further ways to use the findings. By bringing together cancer experts, policymakers, and data scientists, we can explore and identify how intellectual property data can be better leveraged and combined with other data sets to support cancer research and the development of new commercialized therapies. This will empower the federal government—as well as the medical, research, and data communities—to make more precise funding and policy decisions based on the commercialization lifecycle of the most promising treatments, and maximize U.S. competitiveness in cancer investments.</p>
<p>We recognize that by enlisting the public’s assistance through our USPTO Cancer Moonshot Challenge, we can identify new and creative ways to fight cancer and work towards breakthroughs in treatment. And by harnessing the power of patent data, and accelerating the process for protecting the intellectual property undergirding cancer immunotherapy breakthroughs, the USPTO is standing up and doing its part to help bring potentially life-saving treatments to patients, faster. Are you up to the challenge?</p>
https://www.uspto.gov/blog/director/entry/keeping_international_competition_front_of
Keeping International Competition Front of Mind
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2016-07-25T12:41:01-04:00
2016-07-25T12:41:01-04:00
<p><em>Guest blog by Chief Communications Officer Patrick Ross</em> </p>
<p>Empowering bold entrepreneurship by inventors and businesses drives the U.S. economy in a global marketplace. We at the U.S. Patent and Trademark Office know that entrepreneurs today must keep the challenge of global competition front of mind. That’s why we provide an array of tools and resources designed to assist innovators in ensuring their intellectual property rights are respected across the globe. Check out our <a href="http://www.uspto.gov/patents-getting-started/international-protection/intellectual-property-rights-overseastoolkits">International IP Toolkit</a> to learn more about our Global Dossier program, our Global Intellectual Property Academy, and so much more.</p>
<p>As part of her leadership on behalf of the Obama Administration on intellectual property issues, USPTO Director Michelle K. Lee recently met in Japan with the leaders of the largest patent offices in the world – the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the State Intellectual Property Office of the People’s Republic of China (SIPO)—at an annual meeting known as IP5. You can learn more about the USPTO’s focus on furthering international IP cooperation in Director Lee’s <a href="http://www.iam-media.com/Blog/Detail.aspx?g=b7f4a644-7359-491c-b689-319a5ed40d67">editorial for <em>IAM</em></a>. </p>
<p>Likewise, Commissioner for Trademarks Mary Boney Denison recently sat down in China with the Trademarks leaders of those same offices—at the annual TM5 meeting—to focus on increased harmonization efforts on that critical element of any company’s IP portfolio. I invite you to read Commissioner Denison’s editorial, “<a href="http://www.managingip.com/Blog/3571306/Guest-post-A-smoother-road-thanks-to-TM5-harmonisation-efforts.html">A Smoother Road Thanks to TM5 Harmonisation Efforts</a>,” published by <em>Managing IP</em>. <br /></p>
https://www.uspto.gov/blog/director/entry/intellectual_property_and_the_challenge
Intellectual Property and the Challenge of 3D Printing
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2016-07-15T07:25:51-04:00
2016-07-15T10:09:29-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>3D printing—also known as stereolithography or additive manufacturing—is a printing technology that uses computer-controlled lasers to build three-dimensional structures from liquid polymers and other materials. Once the domain of fantasy, 3D printing was brought to life in the 1980s, most notably by National Inventors Hall of Fame inventor Chuck Hull, and since then has grown to be a truly paradigm-shifting technology, with uses in a wide variety of industries, from bioengineered cardiac tissue to pollution mitigation devices to custom-manufactured machine tools.</p>
<p> But as with many new technologies, 3D printing raises complex issues—including in the realm of intellectual property rights such as patents, designs, trademarks, and copyrights. On June 28, the U.S. Patent and Trademark Office (USPTO) hosted a <a href="http://www.uspto.gov/learning-and-resources/ip-policy/uspto-ip-and-3d-printing-conference">conference</a> at its headquarters in Alexandria, Virginia, to address the legal issues and policy challenges faced by the owners of intellectual property by the expanding 3D printing industry. </p>
<p>The USPTO is well aware of the growth of the 3D printing industry: in 2015, there were 23 times more patent applications filed for 3D printing technologies than in 2010. Similar growth was seen on the trademarks side, with filings having grown by more than 300 percent over the same period. And since the beginning of 2016 alone, there have been 425 new trademark applications filed for 3D printing-related goods and services.</p>
<p>At the all-day gathering, the 400-plus attendees heard from keynote speakers—including USPTO Deputy Director Russ Slifer, and author and attorney John Hornick—on the basic concepts of 3D printing and the legal challenges it presents. They then had the opportunity to hear from (and pose questions to) four panels of authorities who focused on the issues raised by 3D printing in the areas of innovation, industrial design, trademark law, and copyright. Participants discussed how the explosion of 3D printing technologies may eventually place intellectual property rights at a greater risk of infringement from a widening base of infringers. Improvements in additive manufacturing technologies suggest that, in the not-too-distant future, copies of protected products may be easier than ever for anyone to make.</p>
<p>The best way to respond to rapid technological change is to collaborate—not just with colleagues, but with those working across disciplines. That was exactly the case for the attendees at the USPTO’s conference, who represented law firms, small businesses, patent examiners, and representatives of other federal government agencies. The event was also streamed live to attendees at its <a href="http://www.uspto.gov/about-us/uspto-office-locations">four regional offices</a>. It was a gathering designed to encourage collaborative thought and action. </p>
https://www.uspto.gov/blog/director/entry/new_post_prosecution_pilot_to
New Post-Prosecution Pilot Under Way
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2016-07-12T09:22:44-04:00
2016-07-27T10:56:54-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>I am pleased to announce the launch of the <a href="http://www.uspto.gov/patent/initiatives/post-prosecution-pilot">Post-Prosecution Pilot (P3),</a> which was developed as part of the USPTO’s commitment to collaborating with our stakeholders and providing new programs to assist applicants and practitioners during the application process. It is our job to ensure that patent quality and our larger patent system keep up with the rapid pace of American innovation. The P3 program, which is part of the <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative-0">Enhanced Patent Quality Initiative</a>, provides applicants with the opportunity to make an oral presentation to a panel of examiners after a final rejection has been issued at the close of prosecution but before the filing of a notice of appeal to discuss a proposed amendment. It is our goal to illuminate the next available steps and offer an after final option that is more useful to you.</p>
<p>Specifically, the P3 program combines the best features of two of our existing programs, the <a href="http://www.uspto.gov/web/offices/com/sol/og/2005/week28/patbref.htm">Pre-Appeal Brief Conference Pilot Program (Pre-Appeal)</a> and the <a href="http://www.uspto.gov/patent/initiatives/after-final-consideration-pilot-20">After Final Consideration Pilot Program 2.0 (AFCP 2.0)</a>. Under the Pre-Appeal program, applicants can request a panel of examiners to formally review the legal and factual basis of rejections made in their application before a formal appeal brief is filed. Additionally, the AFCP 2.0 program further includes an interview with the examiner for instances when applicant’s after final response does not result in an allowance. Now, through the P3 program, an applicant with a utility patent application can submit a proposed after final amendment to be considered by a panel of experienced examiners. Further, the applicant will have the opportunity to make a presentation to the panel, either in-person or via phone, and the panel will provide a brief written summary of the status of the pending claims as well as the reasoning for maintaining any rejection.</p>
<p> The P3 program runs until January 12, 2017. Under the terms of the program, each technology center will accept a maximum of 200 compliant requests. Thus, the ability to take advantage of the P3 program may end earlier in a given technology center. The <a href="http://www.uspto.gov/patent/initiatives/post-prosecution-pilot">P3 web page</a> on the USPTO website includes a tally for each technology center to allow you to see whether a technology center is still accepting applications for the pilot. </p>
<p>Please refer to the <a href="https://www.gpo.gov/fdsys/pkg/FR-2016-07-11/pdf/2016-16423.pdf"><strong>Federal Register Notice</strong></a> for more information about the P3 program including its submission requirements. The Federal Register Notice also requests comments and feedback from our stakeholders on ways to improve after final practice to reduce the number of issues and applications appealed to the Patent Trial and Appeal Board and to reduce the number of Requests for Continued Examination. The USPTO plans to evaluate this feedback as well as the results of the P3 program to determine what we can do to improve after final practice. </p>
<p>Simplifying and strengthening the after final landscape is an important piece of the Enhanced Patent Quality Initiative, and my team and I are excited to work together with all of you to improve the quality of the patents issued by the USPTO. I encourage you to share your feedback on the <a href="https://www.gpo.gov/fdsys/pkg/FR-2016-07-11/pdf/2016-16423.pdf"><strong>Federal Register Notice</strong></a> via email to <a href="mailto:afterfinalpractice@uspto.gov">afterfinalpractice@uspto.gov</a> or via postal mail addressed to: United States Patent and Trademark Office, Mail Stop Comments – Patents, Office of Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Raul Tamayo. The deadline for public comment is November 14, 2016. </p>
<p>Thank you for your collaboration in this important effort.<br /></p>
https://www.uspto.gov/blog/director/entry/ptab_replaces_patent_review_processing
PTAB Replaces Patent Review Processing System
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2016-07-05T12:22:08-04:00
2016-07-05T12:22:08-04:00
<p><em>Guest Blog by David P. Ruschke, Chief Judge for the Patent Trial and Appeal Board (PTAB)</em></p>
<p>The USPTO deployed an e-filing system known as the Patent Review Processing System (PRPS) for trials under the America Invents Act (AIA) on September 16, 2012. Since then, usage of PRPS has exceeded our expectations, and the time has come to transition to a new system to better serve the needs of the public. </p>
<p>That new system is called Patent Trial and Appeal Board End to End (PTAB E2E). PTAB E2E uses a web browser (Chrome is the preferred browser) and a step by step filing program to enable petitioners and patent owners to provide metadata and upload pdf documents to the system. PTAB E2E also provides an interface to the USPTO Next Generation financial system (FPNG) for paying fees. </p>
<p>The target date to deploy PTAB E2E is July 9, 2016. Upon initial deployment, PTAB E2E will be used for Inter Partes Review (IPR), Covered Business Method Review (CBM), and Post Grant Review (PGR). Derivations (DER) will still be processed in PRPS until they are migrated into PTAB E2E later in 2016. During this initial deployment both PRPS and PTAB E2E will be unavailable beginning Saturday, July 9, 2016 at 12:01 AM until 5:00 AM, Monday, July 11, 2016. </p>
<p>The new features of PTAB E2E include:</p>
<p>For all external users, with or without a login email address: <br />• full text document search <br />• metadata search<br />• additional search filters<br />For external users with a login email address:<br />• a dashboard that includes the most recent document upload activity and status of filed cases<br />• an improved docket<br />• easier navigation of AIA review papers and exhibits<br />• filter search on the docket<br /></p>
<p>The PTAB E2E system link, a user manual, FAQ, and quick reference guides will be available on July 11, 2016 at <a href="http://www.uspto.gov/ptab">http://www.uspto.gov/ptab</a> in the upper right portion of the web page. </p>
<p>In the near future, an Application Programming Interface (API) will make PTAB trial data available for bulk data downloads.</p>
<p>As the system is deployed, we encourage you to provide feedback about the PTAB E2E system by sending your comments to <a href="mailto:PTABE2EADMIN@uspto.gov">PTABE2EADMIN@uspto.gov</a>. </p>
<p>Customer support will be available Monday-Friday from 8:00 AM until 6:00 PM EST at 571-272-7822. Additional transition coverage will be available during the week of July 11th until 12:30 AM EST.<br /></p>
https://www.uspto.gov/blog/director/entry/uspto_support_of_national_cancer
Teaming Up to Cure Cancer
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2016-06-29T05:44:05-04:00
2016-06-29T05:44:05-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em> </p>
<p>Anyone who has held the hand of a friend or family member suffering through chemotherapy and radiation or comforted a friend or colleague dealing with the loss of a loved one understands the savagery of cancer. With a disease that causes such devastation and loss, we are often left feeling alone and with more questions than answers. </p>
<p>During his final State of the Union, President Obama reminded all of us that <a href="https://www.whitehouse.gov/CancerMoonshot">we are not alone in this fight against cancer</a>, and that if we work together, answers are within our reach. With a nearly $1 billion dollar budget and a commitment to success, the President is committed to doubling the rate of progress in cancer research and treatment.</p>
<p>The President’s “<a href="https://www.whitehouse.gov/the-press-office/2016/01/28/memorandum-white-house-cancer-moonshot-task-force">Cancer Moonshot</a>” initiative is not an endeavor that one person or one institution can accomplish in isolation. Such a herculean goal requires, as Vice President Biden opined, “… the need for more team science and increased collaboration among the private sector, academia, patient foundations, and the government.” Working together through public and private partnerships, we can overcome the many barriers that currently impede progress towards treatment and we can identify where resources can be more strategically included to foster and advance solutions.</p>
<p>The USPTO is <a href="http://www.uspto.gov/about-us/news-updates/teaming-cure-cancer">proud to join this team of allies</a> in the President’s effort to refocus, reinvent, and reprioritize the fight to cure cancer. As “America’s Innovation Agency,” it fits squarely in our mission to contribute to this massive and just cause. And, <a href="https://www.whitehouse.gov/the-press-office/2016/06/28/fact-sheet-cancer-moonshot-summit-vice-president-biden-announces-new">in collaboration with the Vice President’s office</a>, we are excited to <a href="http://www.uspto.gov/about-us/national-cancer-moonshot">unveil two major projects</a> to support the National Cancer Moonshot. </p>
<p>To start, we are implementing a free initiative in July called <a href="https://www.federalregister.gov/articles/2016/06/29/2016-15533/cancer-immunotherapy-pilot-program"><strong>Patents 4 Patients</strong></a> that will “fast-track” reviews of patent applications related to cancer treatment. The goal of this accelerated program is to complete review of applications that are accepted into the program in one year or less after they are received. The sooner we can identify and patent these innovations, the closer we are to a cure.</p>
<p>In addition to this “fast-track” program, we will unveil an<strong> Intellectual Property (IP) “Horizon Scanning Tool”</strong>. This tool will allow the public and the federal government to analyze and build rich visualizations of intellectual property data, often an early indicator of meaningful R&D. When combined with other economic and funding data (such as Security and Exchange Commission filings, FDA reports and National Science Foundation grants), the <strong>Horizon Scanning Tool</strong> can illuminate trend lines for new treatments and allow federal funding and policy efforts to be more targeted.</p>
<p>President Kennedy’s revolutionary moonshot challenge to the American people more than 50 years ago was a galvanizing call to collective action to achieve a worthwhile yet potentially unattainable goal in a very short period of time. That historic call to action echoes today. </p>
<p>President Obama recognizes that data and technology innovators can play a role in revolutionizing how medical and research data are shared and used to reach new breakthroughs. Innovations in data and technology can break down silos and bring all the cancer fighters together. Working together and sharing information, we can provide hope to the more than 1.6 million Americans who will be diagnosed with cancer this year. </p>
<p>It is my desire that we also inspire a new generation of scientists to pursue new discoveries. I am proud of the part the USPTO will play in this most worthwhile effort, and I count as well on your strong support.</p>
<p>With the leadership of President Obama and under the guidance of Vice President Biden, we can make a difference and we can change the future so that upcoming generations do not have to experience the same pain that cancer has caused over the last decades.</p>
<p>For information and updates on how the USPTO is advancing President Obama’s call for a Cancer Moonshot, please visit <a href="http://www.uspto.gov/about-us/national-cancer-moonshot">www.uspto.gov/about-us/national-cancer-moonshot</a>. <br /></p>
<p> </p>
https://www.uspto.gov/blog/director/entry/trademarks_moving_forward
Trademarks Moving Forward
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2016-06-24T11:29:04-04:00
2016-06-24T11:29:04-04:00
<p><em>Guest blog by Commissioner for Trademarks Mary Boney Denison</em></p>
<p>Our Trademarks Team is leading efforts to meet the continually changing intellectual property environment – by updating our IT systems, developing educational outreach programs, improving the accuracy and integrity of the trademark register, and ensuring that our trademark fees are fair and that they reflect the full cost of our services and products. It is our ongoing commitment to ensure accountability and to guarantee customer satisfaction.</p>
<p>As part of our multi-year effort to update our IT systems, I am pleased to announce that we have established the Office of the Deputy Commissioner for Trademark Administration to support IT, finance, and strategic planning. Earlier this month, Greg Dodson joined USPTO to fill this role. Greg’s primary responsibilities will be to manage the completion and transformation of the next generation of Trademark electronic systems, lead the financial management of the Trademark Organization, and guide the strategic vision of the Trademark Organization. A retired Air Force Colonel, Greg is a strong strategic thinker and an experienced senior leader who has led thousands in the U.S. and abroad throughout his career. His most recent position was a Senior Analyst and A2AD Subject Matter Expert in General Dynamics’ War Gaming Division. Greg has a Bachelor of Science degree in Management Information Systems from Florida State University, a Master of Science in National Resource Strategy from the National Defense University, and a Masters of Education in International Relations from Northwestern Oklahoma State University. </p>
<p>The Deputy Commissioner for Trademark Administration will be supported by two newly created senior level positions: the Information Technology Administrator and the Information Technology Legal Administrator. Information Technology Administrator Glen Brown is our subject matter expert for the continued development of Trademark IT systems, and Information Technology Legal Administrator Tanya Amos will serve as our subject matter expert for the interactions of Trademark applicants and their attorneys regarding Trademark IT systems.</p>
<p>Additionally, Trademarks is actively engaged in developing educational outreach programs that will offer the best possible intellectual property (IP) guidance and training to all. One of the ways in which we are educating the public is through a series of videos from our Trademark Information Network (TMIN). There are numerous videos covering an array of subject matters. One of our most popular videos, “<a href="https://youtu.be/qHDRV2NTSEk">Basic Facts About Trademarks: What Every Small Business Should Know Now, Not Later</a>,” has now surpassed 500,000 views. It is quite apparent that the public sees value in these learning materials. We will continue to provide this service and look forward to expanding upon it in the future. We know that trademark litigation has the potential to harm small businesses, and we are committed to providing our stakeholders with resources to promote understanding of trademark basics, enforcement measures, and available tools for protecting and enforcing trademark rights. </p>
<p>Moreover, Trademarks is continually taking strides to improve the accuracy and integrity of the trademark register. In 2012, the USPTO instituted a pilot program which required additional specimens or other proof of use in connection with 500 randomly selected Section 8 or 71 Affidavits of Continued Use. At the conclusion of the pilot, the USPTO determined that in more than half of the trademark registrations selected, the owner was unable to verify the actual use of the mark for the goods/services queried. This was in spite of the owner having previously sworn to such ongoing use as part of a Section 8 or 71 affidavit filed to maintain the registration. We issued a report on the results and held a roundtable to discuss the results and next steps. The results of the pilot are available on the <a href="http://www.uspto.gov/trademark/trademark-updates-and-announcements/recent-postings">Trademarks Recent Postings</a> page on the USPTO website. The consensus among roundtable participants was that the results of the pilot program indicated a need for some action to improve the accuracy and integrity of the register. </p>
<p>We at the USPTO agree with this conclusion and are now working to make the random audits permanent and to increase the solemnity of the declaration for Sec. 8 affidavits. A Notice of Proposed Rulemaking (NPRM) to make our random audits program permanent published June 22 in the Federal Register. Increasing the solemnity of the declaration does not require a rule change, but, later this summer, we plan to post the new language on Ideascale, an interactive online program that allows you to provide suggestions and comments. Additionally, we are considering proposing one or more new or revised procedures to cancel registrations for marks that are either no longer in use or have never been used. On April 28, the Trademark Public Advisory Committee convened an executive session to discuss the possibility of a new expungement procedure as well as several streamlined TTAB cancellation procedures. Preliminary meetings have since begun with various stakeholder groups and will continue over the next month to discuss our ideas and obtain feedback to aid us in fully developing the concepts. </p>
<p>Finally, last month, Trademarks published an NPRM to modify some of our fees. The purpose of this fee proposal is to further USPTO strategic objectives by: (1) better aligning fees with the full cost of products and services; (2) protecting the integrity of the register by incentivizing more timely filing or examination of applications and other filings, and more efficient resolution of appeals and trials; and (3) promoting the efficiency of the process, in large part through lower-cost electronic filing options.</p>
<p>We hope to implement these fee changes in January 2017. Some key proposals are: <br />• Increase the fee for the paper filed application for registration by $225 to $600 per class.<br />• Increase fees for all other paper filings by $100 per class.<br />• Increase the fee for a regular TEAS application for registration by $75 to $400 per class.<br />• Increase the fee for failing to meet TEAS Plus or TEAS RF requirements from $50 to $125 per class.<br />• Increase fees for filing an affidavit of use under section 8 and 71 by $50 for filing electronically or $150 for filing on paper. <br />• Increase the fee for filing an ex parte appeal from $100 to $200.<br />• Increase the fees for filing oppositions and cancellations from $300 to $400.</p>
<p>By modifying these fees, we hope to discourage paper filings and responses (which cost the office more to process), further incentivize electronic filing and communication, and promote fairness so that the cost of paper processing is not being subsidized by electronic filers. Comments on the fee proposals are due by July 11, 2016. <a href="https://www.federalregister.gov/articles/2016/05/27/2016-12571/trademark-fee-adjustment">Please let us know what you think</a>.</p>
<p>The Trademarks Team remains committed to increasing the efficiency of its processes and procedures. We are excited about moving forward, as we enhance our customers’ experience of doing business with the USPTO. </p>
<p><br /></p>
https://www.uspto.gov/blog/director/entry/topics_announced_for_case_studies
Topics Announced for Case Studies Pilot
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2016-05-18T14:18:34-04:00
2016-05-18T14:18:34-04:00
<p><em>Guest blog by Deputy Commissioner for Patent Quality Valencia Martin Wallace</em></p>
<p>In December 2015, the USPTO published a <a href="https://www.federalregister.gov/articles/2015/12/21/2015-31897/request-for-submission-of-topics-for-uspto-quality-case-studies">Federal Register Notice</a> inviting the public to submit patent-quality related topics to be the subjects of case studies in our new <a href="http://www.uspto.gov/patent/initiatives/topic-submission-case-studies-pilot-program.html">Topic Submission for Case Studies Pilot</a>. You enthusiastically responded to our invitation for suggested topics, and I’m pleased to announce that six main topics have been selected.</p>
<p>This pilot is one of several programs that is part of our <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative">Enhanced Patent Quality Initiative (EPQI)</a>. We defined a USPTO case study as an in-depth examination of applications with respect to a single issue to provide a better understanding of the quality of our work products. Specifically, we use case studies to assist us in formulating best practices to enhance patent quality by improving our patent work products and examination processes, and to identify areas where further examiner training may be needed. Read more in my <a href="http://www.uspto.gov/blog/director/entry/submit_topic_ideas_for_new">last guest blog post</a>.</p>
<p>By the time the comment period closed in February 2016, we had received more than 135 qualified case study submissions from 110 requestors, which included intellectual property (IP) organizations, law firms, companies, and individuals. All the <a href="http://www.uspto.gov/patent/laws-and-regulations/comments-public/topics-submitted-quality-case-studies">submissions are viewable on our webpage</a>. </p>
<p>In view of the overwhelming response, we devised a process to systematically identify the most popular topics to be addressed. To begin, we assessed whether the topic was appropriate or capable of being timely assessed via a case study. After identifying the topics deemed appropriate for study under this pilot, and to avoid duplicating our efforts, we next determined whether other programs or mechanisms within the USPTO were more appropriate for addressing the issue. </p>
<p>For example, the suggested topic of evaluating the consistency of the application of lack of unity practice in 35 U.S.C. §371 applications is currently being investigated by our Office of International Patent Cooperation, and the submissions requesting review on the frequency and effects of claim interpretation are being evaluated as part of another EPQI program, the Clarity of the Record Pilot. These and other submissions have been forwarded to the appropriate offices for further evaluation.</p>
<p>Finally, we grouped the remaining submissions by subject matter and the following six topics have been selected for the pilot:</p>
<p><strong>1) Evaluation of the deviation of 35 U.S.C. §101 rejections from official guidance, correctness of rejections and completeness of the analysis.</strong> This study will evaluate whether examiners are properly making subject matter eligibility rejections under 35 U.S.C. §101 and clearly communicating their reasoning. </p>
<p><strong>2) Review of consistency of the application of 35 U.S.C. §101 across art units/technology centers.</strong> This study will take a look at applications with related technologies located in different art units or technology centers and determine whether similar claims are being treated dissimilarly under 35 U.S.C. §101. </p>
<p><strong>3) The practice of compact prosecution when 35 U.S.C. §101 rejections are made.</strong> This study will determine whether all appropriate rejections are being made in a first Office action when a subject matter eligibility issue is also identified. </p>
<p><strong>4) Correctness and clarity of motivation statements in 35 U.S.C. §103 rejections.</strong> This study will evaluate whether reasons for combining references set forth in rejections under 35 U.S.C. §103 are being set forth clearly and with correct motivation to combine statements. </p>
<p><strong>5) Enforcement of 35 U.S.C. §112(a) written description in continuing applications.</strong> This study will evaluate claims in continuing applications to determine if they contain subject matter unsupported by an original parent application and whether examiners are appropriately enforcing the requirements of 35 U.S.C. §112(a) written description. </p>
<p><strong>6) Consistent treatment of claims after the May 2014 35 U.S.C. §112(f) training.</strong> This study will determine whether claims invoking 35 U.S.C. §112(f) are being properly interpreted and treated. </p>
<p>We look forward to sharing more details and updates on the selected studies as we move forward with our data gathering and analysis process. Currently, we project the timing of the studies to be varied, but we expect to publish the results of the first study this summer, and to complete the remaining studies early next year. As each study is concluded, we will post the study’s results on the <a href="http://www.uspto.gov/patent/initiatives/topic-submission-case-studies-pilot-program.html">Topic Submission for Case Studies Pilot</a> webpage. Thank you again for all your great ideas for topics, as your feedback helps us continue to work to enhance patent quality and improve our processes.<br /></p>
https://www.uspto.gov/blog/director/entry/uspto_regional_offices_forge_ahead
USPTO Regional Offices Forge Ahead in 2016
$entry.creator.screenName
2016-05-17T06:01:28-04:00
2016-05-17T10:30:24-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>USPTO regional offices support our core mission of fostering American innovation and competitiveness by offering services to entrepreneurs, inventors, and small businesses, while effectively engaging communities and local industries. <a href="http://www.uspto.gov/blog/director/entry/leadership_in_all_uspto_regional">All four of our regional offices now have directors</a>, making us well-positioned to fully advance this mission. The establishment of four USPTO <a href="http://www.uspto.gov/about-us/uspto-office-locations">regional offices</a> fulfills a commitment dating to September 16, 2011, when President Obama signed the <a href="https://www.whitehouse.gov/the-press-office/2011/09/16/president-obama-signs-america-invents-act-overhauling-patent-system-stim">Leahy-Smith America Invents Act</a> (AIA) into law. All the regional offices have been busy these last few months, including <a href="http://www.uspto.gov/blog/director/entry/uspto_celebrates_world_ip_day">holding events for World IP Day</a> and enabling local innovators to participate virtually in the <a href="http://www.uspto.gov/blog/director/entry/patent_quality_community_symposium_gathers">Patent Quality Community Symposium</a>.</p>
<p>Since its <a href="https://www.commerce.gov/news/blog/2015/11/us-patent-and-trademark-office-opens-new-texas-regional-office">grand opening</a> on November 9, 2015, the <a href="http://www.uspto.gov/about-us/uspto-locations/dallas-texas">Texas Regional Office in Dallas</a> welcomed its first class of patent examiners in January, and they are expected to complete their initial training and move into their offices by the end of April. The office also welcomed five new Patent Trial and Appeal Board (PTAB) judges in the first quarter of 2016, thereby reaching a total of 17 PTAB judges. The Texas Regional office has already held a number of outreach events in 2016, including three seminars on patents, trademarks and petitions, and a <a href="http://www.congressionalappchallenge.us/">Congressional App Challenge</a> celebration for students and their families who participated in the competition from Congresswomen Eddie Bernice Johnson’s district. </p>
<p>The <a href="http://www.uspto.gov/about-us/uspto-locations/silicon-valley-california">West Coast Regional Office in Silicon Valley</a> continues to engage in conversations about policy decisions that affect innovation. It’s hard to believe the Silicon Valley office <a href="https://www.commerce.gov/news/blog/2015/10/us-patent-and-trademark-office-opens-new-regional-office-silicon-valley-empower">officially opened only six months ago, on October 15, 2015</a>. It has already celebrated the graduation of its first training academy of examiners and welcomed its second academy in February. </p>
<p>The office is serving the regional entrepreneurial community with events such as “Speed Dating for Startups,” co-sponsored by Santa Clara University, where over 150 entrepreneurs, small business owners, and students learned about incorporating IP into their business strategies. Several top USPTO officials also participated in an “Inventor and Entrepreneur Forum” at the University of California, Irvine Applied Innovation Lab, which had 700 attendees in person and online. The office also recently welcomed Secretary of Commerce Penny Pritzker, who discussed the importance of open data to innovation in an entrepreneurs’ showcase, and Deputy Secretary Bruce Andrews who met with the newest class of examiners and the newest PTAB judge.</p>
<p>The <a href="http://www.uspto.gov/about-us/uspto-locations/rocky-mountain-regional-office-colorado">Rocky Mountain Regional Office</a>, which will celebrate its second anniversary in June, has experienced a number of firsts since our <a href="http://www.uspto.gov/blog/director/entry/a_historic_moment_for_the">last update</a>. The office hosted its first Trademark Trial and Appeal Board (TTAB) argument, with participants in Denver appearing before the TTAB via the USPTO’s telecommunications system, and will also be holding its first AIA trial proceeding in the month of April. The office is now fully staffed with PTAB judges and examiners, with the addition of two new PTAB judges, and a third class of patent examiners that graduated recently. </p>
<p>Under the leadership of Regional Director <a href="http://www.uspto.gov/blog/director/entry/leadership_in_all_uspto_regional">Molly Kocialski</a>, education efforts and partnerships in the Rocky Mountain region have expanded significantly, with outreach visits and events across Colorado, Utah, Nebraska, South Dakota, Wyoming and Montana. These include conferences, listening tours, participation in startup weeks in the region, STEM engagement, presentations, office hours, and meetings with members of the public and partners across the region. Additionally, we were very excited to release a new USPTO inventor trading card featuring <a href="https://twitter.com/uspto/status/717804171668365316">Rocky Mountain inventor and noted autism advocate Dr. Temple Grandin</a>. </p>
<p>The <a href="http://www.uspto.gov/about-us/uspto-locations/detroit-michigan">Elijah J. McCoy Midwest Regional Office in Detroit</a> has continued to host PTAB hearings, including their first live Inter Partes Review trial in January, and recently welcomed a new Administrative Patent Judge, bringing the total to 11 PTAB judges. The office has been active in the community as well, recently hosting the first <a href="http://www.law.udmercy.edu/index.php/academics1/patent-drafting-competition">Patent Drafting Competition</a> in conjunction with University of Detroit Mercy. Law schools from around the Midwest region sent teams to Detroit to present in front of a panel of judges including patent examiners, PTAB judges and IP practitioners, with Indiana University Maurer School of Law winning the competition. </p>
<p>In March, Commissioner for Trademarks Mary Boney Denison joined Midwest Regional Director Dr. Christal Sheppard at the IP Spring Seminar in East Lansing, Michigan, coordinated by the Michigan State Bar IP Section, and also spoke to 60 local entrepreneurs at a Trademark Lunch and Learn at TechTown Detroit. In a continuous effort to attract a talented workforce, the Midwest Regional Office will be hiring a new class of patent examiners soon and has been on the recruiting trail with stops at several local university career fairs and informational sessions. </p>
<p>The USPTO regional offices play an important role in supporting the overall mission of our agency, including ensuring easier access by innovators and entrepreneurs to resources and intellectual property protections they need to compete in today’s global economy. To find out more about events in any of our regional offices, visit the <a href="http://www.uspto.gov/about-us/events">events page of the USPTO website</a>, and for employment opportunities, visit <a href="https://www.usajobs.gov/JobSearch/Search/GetResults?OrganizationID=CM56&ApplicantEligibility=All">USAjobs.gov</a> for openings. I will continue to keep you informed about new updates on our regional offices throughout the year on this blog. </p>
<p> </p>
https://www.uspto.gov/blog/director/entry/protecting_u_s_trade_secrets
Protecting U.S. Trade Secrets
USPTO
2016-05-13T05:20:23-04:00
2016-05-13T05:20:23-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em> </p>
<p>Innovators of all types, from independent inventors to large corporations, rely on trade secrets to safeguard their creativity, gain competitive advantage, and further their business goals. Congressional passage of the Defend Trade Secrets Act, and the signing of the bill by the President this week, strengthens U.S. trade secret protection for U.S. companies and innovators, allowing trade secret owners to now have the same access to federal courts long enjoyed by the holders of other types of IP.</p>
<p>Read more in my opinion editorial, “<a href="http://www.huffingtonpost.com/michelle-k-lee/protecting-americas-secre_b_9904770.html">Protecting America’s Secret Sauce: The Defend Trade Secrets Act Signed Into Law</a>,” in <em>The</em> <em>Huffington Post</em>.</p>
https://www.uspto.gov/blog/director/entry/patent_trial_and_appeal_board
Patent Trial and Appeal Board Leadership and Accomplishments
USPTO
2016-05-12T10:11:50-04:00
2016-05-12T10:11:50-04:00
<p><em>Guest blog by Russ Slifer, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO</em></p>
<p>Last week was Public Service Recognition Week, a time for Americans everywhere to reflect on the value of public service and the exceptional, often unheralded work government employees do for their fellow citizens. At the USPTO, we are blessed with many such employees whose hard work is making a positive difference for innovators, entrepreneurs, and our nation’s economy—which relies more than ever on the power of intellectual property. Recognizing the service of such employees is something we should do not just once a year, but all year round.</p>
<p>I want to single out several individuals whose leadership has been truly exceptional and merits the thanks of our agency. For the past 10 months, Nate Kelley served as acting Chief Judge of the Patent Trial and Appeal Board at a critical time in the Board’s history. Just three and a half years after its creation under the America Invents Act, (AIA) the Board needed a skilled leader to navigate management challenges and ensure execution of important post-grant proceedings. Nate was a wonderful leader of the Board during this time and I am excited that he will return to his previous position as Deputy General Counsel for IP Law and Solicitor. The USPTO and the American people are lucky to have such a skilled jurist serving to improve our intellectual property system.</p>
<p>Under Nate’s leadership, the Board reduced ex parte appeals by 18%, implemented a change to AIA trial practice under which patent owners can now submit new testimonial evidence, and significantly increased the rate at which precedential opinions are issued while meeting all AIA statutory deadlines. </p>
<p>Nate’s accomplishments would not have been possible without a strong team at the Board and at the Solicitor’s Office. A critical member of this team was Tom Krause, who as acting Solicitor played a leading role in developing the USPTO’s position in over five Supreme Court cases. One of his most significant accomplishments was spearheading the team in the Shammas case, in which the appellate court agreed with the USPTO’s position that plaintiffs are responsible for the USPTO’s expenses, including USPTO attorney time. </p>
<p>Thanks to the great work of both Nate and Tom, <a href="http://www.uspto.gov/about-us/news-updates/david-ruschke-appointed-patent-trial-and-appeal-board-chief-judge">newly selected Chief Judge David Ruschke</a> will be taking over the helm of a Patent Trial and Appeal Board that is stronger than ever, and will now have an outstanding, permanent Deputy Chief Judge in Scott Boalick—a vice chief who has been acting deputy for some time now. Scott’s dedication to the Board will be a huge asset to Chief Judge Ruschke and the Board as they continue their vital mission of effectively and efficiently resolving patent validity disputes while providing timely, low-cost alternatives to district court litigation.</p>
<p>Please join me in congratulating Nate Kelley, Tom Krause, and Scott Boalick on a job well done, and in welcoming the new Chief Judge of the Patent Trial and Appeal Board, David Ruschke, to the “Innovation Agency.”</p>
https://www.uspto.gov/blog/director/entry/patent_quality_community_symposium_gathers
Patent Quality Community Symposium Gathers Public Feedback on USPTO Programs
USPTO
2016-05-10T05:39:03-04:00
2016-05-10T05:39:03-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>The USPTO held an all-day <a href="http://www.uspto.gov/patent/patent-quality-community-symposium">Patent Quality Community Symposium</a> on April 27, 2016, bringing together a broad range of stakeholders—patent prosecutors, litigators, inventors, academics, and patent examiners—for a public discussion about patent quality. More than 2,200 individuals attended at the peak, including in-person at USPTO headquarters in Alexandria, Virginia, at our Regional Offices (in Detroit, Denver, Dallas, and San Jose), and online. </p>
<p>Since we kicked off our efforts at last year’s <a href="http://www.uspto.gov/patent/initiatives/patent-quality-summit">Patent Quality Summit</a>, we have focused on developing programs designed to enhance quality through identifying best practices and leveraging the latest in technological advances and international collaborations. </p>
<p>I opened the day with a summary of our major efforts. Following me were presentations featuring highlights of our accomplishments so far, including:</p>
<ul>
<li>The launch of our Clarity of the Record Pilot Program, which uses a group of approximately 175 volunteer examiners to explore best practices for enhancing the clarity of specific parts of the prosecution record; </li>
<li>The extensive legal training we’re providing to examiners (most recently on section 112(a) and on section 101 “abstract idea” analysis); and </li>
<li>How we’re leveraging international collaborations to get the best prior art—including harder-to-find foreign language prior art—in front of examiners early in prosecution. </li>
</ul>
<p><font size="1"></font></p>
<p>Deputy Director Russell Slifer outlined our recent advances in using “big data”—mining large collections of data—to identify trends and patterns and improve patent quality. This will help us to improve consistency and identify areas for targeted training, as well as better measure the impact of training and increase the transparency of our operations.</p>
<p>The symposium also included two interactive segments. The first was a workshop on our <a href="http://www.uspto.gov/sites/default/files/documents/MRF.pdf">Master Review Form</a> (MRF), one of our newest efforts to improve the measurement and reporting of patent quality, announced in the <a href="https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-06851.pdf">Federal Register</a> on March 26. The MRF provides a standardized way to review USPTO work products, such as office actions, which places greater emphasis on assessing the clarity of an examiner’s reasoning while maintaining focus on the correctness of that action. <a href="http://www.uspto.gov/blog/director/entry/improvements_in_measuring_patent_quality">Read more about the Master Review Form</a>. We continue to welcome your input as we work towards our first revision of the Form—the comment period for the Federal Register Notice closes May 24, 2016. The second interactive portion was a panel of experienced patent practitioners who discussed the role that both attorneys and applicants play in patent quality.</p>
<p>Thank you all for your participation in the Patent Quality Community Symposium, and for your continued collaboration on our <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative-0">Enhanced Patent Quality Initiative</a>. If you missed this event, I encourage you to watch any portion of the <a href="http://livestream.com/uspto/PatentSymposium2016">recording</a> that interests you, view our <a href="http://www.uspto.gov/sites/default/files/documents/symposium-slides.pptx">slide show presentation</a> on the <a href="http://www.uspto.gov/patent/patent-quality-community-symposium">Patent Quality Community Symposium page</a>, or <a href="http://www.uspto.gov/blog/director/entry/enhanced_patent_quality_initiative_moving">read more about each of our programs on the USPTO website</a>. </p>
https://www.uspto.gov/blog/director/entry/further_insight_provided_on_ptab
Further Insight Provided on PTAB Amendment Motions with New Study
USPTO
2016-05-09T06:17:32-04:00
2016-05-09T06:17:32-04:00
<p><em>Guest Blog by Acting Chief Administrative Patent Judge Nathan Kelley</em></p>
<p>Regular readers of our blog know of the USPTO’s commitment to seek feedback on how we can improve our programs, procedures, and services to best serve American innovators. We value and rely on your input to help us do our job at the USPTO, and we are always open to ideas for improvement within our statutory mandate.</p>
<p>One topic that comes up frequently, especially recently, is our Patent Trial and Appeal Board (PTAB) trials, particularly regarding motions to amend claims. We’ve heard concerns that, while the America Invents Act (AIA) gives patent owners the right to file a motion to amend its claims during a trial, few such motions have been granted as compared to the number of total petitions filed. Given the degree of public interest on this topic, and to provide greater transparency into our practices, we wanted to aid the ongoing dialogue by providing current aggregated data on PTAB amendment motions. </p>
<p>Here are some highlights from our study (based on data current through April 30, 2016):</p>
<ul>
<li>In the 1539 trials that have gone to completion or settled (where joined or consolidated trials were counted as a single trial), motions to amend were sought in 192. (34 more motions to amend are pending in currently open cases.) </li>
<li>Of those 192, not all ultimately required the PTAB to pass on the merits of the motion. This is because, often, motions to amend are filed as “contingent” motions—if the PTAB upholds the patentability of the original claims, such motions never get decided. Several other cases settle before motions to amend are decided. Additionally, some motions to “amend” only request the cancellation of claims, and those are routinely granted. </li>
</ul>
<p><font size="1"></font></p>
<p>This leaves 118 motions to amend (out of the 192) that a PTAB panel has had a chance to review. Of these, the PTAB granted or granted-in-part 6. Of those denied, including the denial portion of those granted-in-part, 22 were denied solely on procedural grounds (only one of which was that the patent owner failed to state that the substitute claims were patentable over the prior art “in general”), and 94 were denied after identifying specific grounds of patentability that the proposed amended claims did not satisfy. To use conventional prosecution as a comparison, this latter category is like an examiner rejecting an amended claim because it is anticipated, obvious, not described, etc. But unlike in the examination context, the PTAB proceedings must be completed within a year, and there is no time for the back-and-forth between the applicant and the USPTO that happens during prosecution. Instead, the PTAB acts as the final arbiter of these newly proposed claims based solely on the briefing presented to it by the parties—if the PTAB grants such a motion, the new claims will issue (and be enforceable against the public) without any examination to ensure compliance with the statutory requirements for patentability. A disappointed patent owner who believes the PTAB erred in refusing to allow a claim amendment can, of course, seek review from the Federal Circuit.</p>
<p>Finally, although we sometimes hear that motions to amend are no longer being filed because parties think they’re futile, we are currently on track to have about 50 motions filed this year, which is consistent with the level they were filed in 2013 and 2015.</p>
<p>I encourage you to read the <a href="http://www.uspto.gov/sites/default/files/documents/2016-04-30%20PTAB%20MTA%20study.pdf">Motion to Amend Study</a> for yourself, and continue to engage with us on this topic and any others of interest to you.</p>
https://www.uspto.gov/blog/director/entry/update_to_examiner_guidance_on
Update to Examiner Guidance on Patent Subject Matter Eligibility
USPTO
2016-05-05T08:52:24-04:00
2016-05-05T08:52:24-04:00
<p><em>Guest blog by Deputy Commissioner for Patent Examination Policy Robert Bahr</em></p>
<p>The USPTO is committed to providing the most current and robust training for our patent examiners, and we have just released our next iteration of examiner guidance on patent subject matter eligibility, as described in our <a href="https://www.federalregister.gov/articles/2016/05/06/2016-10724/may-2016-subject-matter-eligibility-update">Federal Register notice</a>. </p>
<p>In our <a href="https://www.gpo.gov/fdsys/pkg/FR-2015-07-30/pdf/2015-18628.pdf">July 2015 Federal Register notice</a>, the USPTO issued an update to the patent subject matter eligibility guidance to assist examiners in evaluating claims under 35 U.S.C. § 101, in view of the U.S. Supreme Court’s decisions in Alice Corp., Myriad, and Mayo. Using the comments we received from the public along with feedback from the patent examining corps and other stakeholders, we prepared this latest examiner guidance, which includes a new set of <a href="http://www.uspto.gov/sites/default/files/documents/ieg-may-2016-ex.pdf">life science examples</a>, a <a href="http://www.uspto.gov/sites/default/files/documents/ieg-may-2016-memo.pdf">memorandum to the patent examining corps</a> with instructions on formulating subject matter eligibility rejections and responding to applicant’s replies, an <a href="http://www.uspto.gov/sites/default/files/documents/ieg-may-2016-ex_index.pdf">index of eligibility examples</a>, and an <a href="http://www.uspto.gov/sites/default/files/documents/ieg-may-2016-sme_crt_dec_0.pdf">appendix of subject matter eligibility court decisions</a>. We encourage members of the public to submit comments on issues related to subject matter eligibility. All related documents can be viewed on the <a href="http://www.uspto.gov/patent/laws-and-regulations/examination-policy/2014-interim-guidance-subject-matter-eligibility-0">Subject Matter Eligibility page of the USPTO website</a>. </p>
<p>Our newest examiner guidance includes <a href="http://www.uspto.gov/sites/default/files/documents/ieg-may-2016-ex.pdf">new life science examples</a>, which use hypothetical fact scenarios to illustrate exemplary analyses for subject matter eligibility in view of the Supreme Court decisions in Alice Corp., Mayo, and Myriad. The examples are designed to show various ways that patent claims can be drafted for eligibility, and thus assist patent applicants and patent examiners in resolving subject matter eligibility issues in the life science areas. Further, the examples cover certain technologies specifically requested by our stakeholders, including vaccines and diagnostics.</p>
<p>The <a href="http://www.uspto.gov/sites/default/files/documents/ieg-may-2016-memo.pdf">examiner memorandum</a> included in our new guidance seeks to improve the quality and consistency of subject matter eligibility determinations and rejections (when appropriate) by explaining that a reasoned rationale must be provided in the Office action, and provides guidance on how to effectively communicate that rationale to the applicant. The memorandum also reinforces that examiners must carefully consider all of an applicant’s arguments and evidence rebutting the subject matter eligibility rejection, and either withdraw the rejection when the response is persuasive, or provide a rebuttal when the rejection is maintained. The guidance in the memorandum and subsequent training should lead to greater consistency throughout the patent examining corps in evaluating whether the claimed subject matter is eligible for patenting, more thorough office actions that will assist applicants in determining how to respond to subject matter eligibility rejections, and greater assurance that applicant responses are thoughtfully considered by the examiner in determining whether to maintain a subject matter eligibility rejection.</p>
<p>We will be providing comprehensive training on this new guidance in interactive workshops where examiners will receive hands on experience evaluating eligibility and have the opportunity to facilitate discussions with subject matter experts. The life science training will follow the same format as the abstract idea workshops given this past year, using worksheets to analyze the eligibility of claims from select life science examples. In the memorandum training, examiners will evaluate a hypothetical subject matter eligibility rejection and hypothetical applicant remarks to the rejection, allowing them to clarify the grounds of rejection, while considering all of the applicant’s remarks and each of the amendments in determining whether to maintain the rejection. This training directly addresses the public feedback we received about the adequacy and consistency of subject matter eligibility rejections across technology centers. All training materials will be available to the public on the <a href="http://www.uspto.gov/patent/laws-and-regulations/examination-policy/2014-interim-guidance-subject-matter-eligibility-0">Subject Matter Eligibility page of the USPTO website</a> when training is conducted. </p>
<p>Providing more specific guidance and training on subject matter eligibility to our examiners supports the USPTO’s dedication to issuing patents of the highest clarity and quality possible. We appreciate our stakeholders’ comments and find them to be an invaluable resource in further developing guidance in this evolving area of the law. We welcome and will consider all viewpoints as we continue to refine our examination procedures for claims for subject matter eligibility. Comments will be accepted on an ongoing basis and can be sent via email to <a href="mailto:2014_interim_guidance@uspto.gov">2014_interim_guidance@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/uspto_celebrates_world_ip_day
USPTO Celebrates World IP Day and Digital Creativity
USPTO
2016-05-05T06:14:52-04:00
2016-05-05T08:51:57-04:00
<p><em>Guest blog by Russ Slifer, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO</em></p>
<p>Last week, the USPTO celebrated World IP Day in the Washington, D.C. region, across the country, and abroad. World IP Day was established in 1999 by the World Intellectual Property Organization (WIPO) to celebrate the important role of intellectual property (IP) and the contributions made by creators and innovators around the globe. We had a lot of fun with this year’s theme, “Digital Creativity: Culture Reimagined.” We chose to highlight the importance of the video gaming industry, its exponential growth, and impact on our daily lives.</p>
<p>On April 26, the USPTO hosted <a href="http://www.uspto.gov/learning-and-resources/world-ip-day-uspto">the “Legend of World IP Day,”</a> in Alexandria, Va., an event focused on the history of IP and creativity in the video game industry. Video game curator and patent holder Chris Melissinos discussed how video games have rapidly evolved, been commercialized, and have become ingrained in our culture during his keynote remarks. Watch the <a href="http://livestream.com/uspto/WorldIPDay2016">recorded livestream of the event</a>, and <a href="https://www.youtube.com/watch?v=vsFBnhVDy-I">watch our USPTO video</a> which goes behind the scenes on IP and the history of the video games. </p>
<p>I <a href="https://twitter.com/uspto/status/725064022945611777">spoke on Capitol Hill on April 26</a> at the <a href="http://www.uspto.gov/learning-and-resources/world-ip-day-hill">World IP day event, “Digital Creativity: Culture Reimagined,”</a> where I discussed the importance of digital creativity, the USPTO’s progress on copyright treaties, and the importance of ensuring that our copyright system and laws keep up with the digital age. <a href="http://www.uspto.gov/about-us/news-updates/remarks-deputy-director-russ-slifer-uspto-aipla-world-intellectual-property-ip">Read my remarks</a>.</p>
<p>The White House also recognized World IP Day, with President Obama issuing a <a href="https://www.whitehouse.gov/sites/whitehouse.gov/files/images/Documents/EMessage%20World%20Intellectual%20Property%20Day.pdf">commemoration of World IP Day</a>, stating: “Whether through the music or movies that inspire us, the literature that moves us, or the technologies we rely on each day, ingenuity and innovation serve as the foundations upon which we will continue to grow our economies and bridge our cultural identities.” The President even <a href="https://twitter.com/WhiteHouse/status/725702174668410881">tweeted his favorite movie, song, and invention</a>. Others posted their list of favorite American innovations and creative works using the hashtag #AmericaCreates. </p>
<p>Our <a href="http://www.uspto.gov/about-us/uspto-office-locations">USPTO regional offices</a> held events to celebrate World IP day across the country. On April 20, the Midwest Regional Office held a <a href="http://www.uspto.gov/about-us/events/world-ip-day-detroit-2016">World IP day event in Detroit</a> recognizing local students for their innovations and contributions to their community. The West Coast Regional Office in Silicon Valley held several World IP events, including a <a href="http://www.uspto.gov/about-us/uspto-locations/silicon-valley-ca/world-ip-day-2016-bay-area">gathering of the Bay area intellectual property community</a> on April 21, featuring the Honorable Sam Liccardo, mayor of San Jose. The Rocky Mountain Regional Office held “The Evolution of Cultural Expression through Digital Creativity” on April 25, focusing on Native American culture, as well as a Lunch and Learn with startups and entrepreneurs on April 26. And on April 27, the Texas Regional Office hosted a <a href="http://www.uspto.gov/about-us/events/world-intellectual-property-day-expo-2016">World IP Day exposition in Dallas</a>, where business, legal, academic, and federal experts provided attendees tips on protecting their IP, developing technologies, and building their businesses. <a href="https://www.facebook.com/media/set/?set=a.1274444029235752.1073741858.114912688522231&type=3">See our Facebook photo album of World IP day highlights</a>. </p>
<p>Finally, <a href="http://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-rights-ipr-attach-program/intellectual">USPTO IP Attachés</a> participated in World IP Day events around the world with U.S. Embassies, consulates, and the American Chamber of Commerce, including roundtable discussions in China and Thailand, events in Mexico and Qatar, a film screening and discussion in Singapore, and cyber working group meetings in the Ukraine. </p>
<p>The USPTO is focused on safeguarding the rights of creators of all types and supporting an ecosystem where innovation can flourish. We are honored – not only on World IP Day, but every day – to do our part to support creators, innovators and entrepreneurs as they define their ideas in the form of patents, trademarks, and copyrights.</p>
https://www.uspto.gov/blog/director/entry/ttab_gathers_feedback_on_docketing
TTAB Gathers Feedback on Docketing System and Announces Updates to Filing System
USPTO
2016-04-26T12:44:42-04:00
2016-04-26T12:44:42-04:00
<p><em>Guest Blog by Chief Administrative Trademark Judge Gerard F. Rogers</em></p>
<p>In early March 2016, the Trademark Trial and Appeal Board (TTAB) held a Users’ Forum in Alexandria, Va., which focused on the format and functionality of the TTAB’s publicly-accessible electronic case file and docket system, TTABVUE. The forum resulted in valuable public comments and suggestions which TTAB will use to continue improving its docketing system for ex parte appeals and inter partes trial matters. In addition, in 2015, the TTAB held a Users’ Forum on ESTTA, the electronic filing system used for TTAB cases, and is pleased to announce updates to the system.</p>
<p>The Users’ Forum this past March was held for the purpose of gaining public input on the “look and feel” of the TTABVUE system. Ninety individuals participated in the forum, either in person or via webinar. Representatives from such professional associations as the American Bar Association Intellectual Property Law Section, the American Intellectual Property Law Association, the International Trademark Association, and the Intellectual Property Owners Association, joined in the interactive discussion, along with numerous practitioners from around the country. Discussions during the forum focused on enhancing search capabilities, naming of documents to be filed, creating a display of deadlines established in each matter, and enabling bulk downloads of docketed documents.</p>
<p>As the sole public-facing interface for viewing filings made in TTAB cases, the look and feel of TTABVUE is important for users. We plan to use feedback from the forum to enhance TTABVUE’s format and usability in the near term, and also to support the future implementation of the USPTO’s end-to-end electronic processing of trademark matters, known as Trademarks Next Generation (TMNG), which will significantly increase the overall functionality and flexibility of the USPTO’s systems.</p>
<p>Last year, the TTAB also held a Users’ Forum for ESTTA, the electronic filing system used for TTAB cases. In response to public comments during that forum, the TTAB is pleased to announce an upgrade to ESTTA, which went into effect on April 23, 2016, and includes the following new features:</p>
<p>• Increased number of grounds listed on the ESTTA filing forms for Notices of Opposition and Petitions for Cancellation;<br />• An option to view an attachment once it has been uploaded and before it has been submitted through ESTTA;<br />• Additional tips regarding attachment size and format, as well as a pre-filing checklist, on the “Attachment screen” in ESTTA;<br />• A modified general filing form for inter partes matters to be used for motions not listed among the selections available;<br />• Automatic transmission of an ESTTA receipt, not only to the filer, but also to all parties whose email addresses are of record in the proceeding;<br />• A “Save” feature to allow users to circulate a form for review and editing before submission through ESTTA; and,<br />• The required declaration is now part of the ESTTA form for filing a motion to amend a registration.</p>
<p>The TTAB remains committed to increasing the efficiency of its processes and procedures. We are grateful to the public for the valuable insights and helpful suggestions you have provided on both TTABVUE and ESTTA, and will continue to focus on improving the format and functionality of TTABVUE for the benefit of users. Visit the <a href="http://www.uspto.gov/trademarks-application-process/trademark-trial-and-appeal-board-ttab.html">TTAB page of the USPTO website</a> to learn more about our latest updates.</p>
https://www.uspto.gov/blog/director/entry/uspto_launches_two_new_online
USPTO Launches Two New Online Fee Payment Tools
USPTO
2016-04-07T10:28:48-04:00
2016-04-07T10:28:48-04:00
<p><em>Guest Blog by Chief Financial Officer Tony Scardino</em></p>
<p>For several years, the USPTO has been making significant progress in modernizing its information technology (IT) infrastructure and tools for both employees and the public. Our financial tools are no exception, and I’m excited to announce that on April 9, the USPTO is launching two new online fee payment tools to the public: <a href="http://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-financial-manager">Financial Manager</a> and the Patent <a href="http://www.uspto.gov/learning-and-resources/fees-and-payment/patent-maintenance-fees-storefront">Maintenance Fees Storefront</a>. Watch the short video overviews of <a href="https://www.youtube.com/watch?v=y2Lw3WUk2PI#t=65">Financial Manager</a> and the <a href="https://www.youtube.com/watch?v=OWcDGS_zUzY">Patent Maintenance Fees Storefront</a>.</p>
<p>These new tools incorporate feedback from customers that we received through outreach efforts, including interviews, surveys, and user design sessions. The result for users is increased efficiency, better information, and a workflow that is better streamlined to integrate with users’ business processes. Here are some of the tools’ new features: </p>
<ul>
<li>For the first time, customers will have streamlined <strong>uspto.gov accounts</strong>. To access Financial Manager, customers will easily create their own uspto.gov account. Then once signed in to their account, customers will also have access to advanced features in the Patent Maintenance Fees Storefront, like bulk file payments and a virtual shopping cart. </li>
<li>In <strong>Financial Manager</strong>, customers will be able to store and manage their payment methods online; assign secure user permissions, allowing others to access and help manage payment methods; receive administrative email notifications; and create transaction reports, including monthly deposit account statements. Each individual in an organization will need their own uspto.gov account to access or help manage a stored payment method. </li>
<li>In the <strong>Patent Maintenance Fees Storefront</strong>, customers will be able to retrieve patent maintenance fee information (including payment window dates for up to 10 patents at once); upload bulk files to pay any number of patent maintenance fees at once; check out more quickly using their stored payment methods; add fees to an online “shopping cart” and save them for payment later that day; receive an itemized receipt for each payment; and download a statement for each patent. </li>
<li>In the months ahead, we’ll be expanding the stored payment methods feature to pay for other patent, trademark, and USPTO service fees. </li>
</ul>
<p><font size="1"></font></p>
<p>Here are some additional changes to be aware of:</p>
<ul>
<li>These new tools will replace the current Office of Finance Online Shopping Page and Financial Profile. Once the new tools go live, the old web pages will no longer be available. </li>
<li>Similarly, anyone attempting to pay a patent maintenance fee online will need to use the new Patent Maintenance Fees Storefront. </li>
<li>Deposit accounts are “going green.” Deposit account holders will now manage all deposit account activities online using the new Financial Manager. Monthly statements are also going paperless. Deposit account holders will be able to access their statements online at any time in Financial Manager, and the USPTO will no longer be mailing paper statements. </li>
<li>Finally, for deposit account holders with multiple users in their organization, each user must create their own uspto.gov account in order to be able to access the deposit account. </li>
</ul>
<p><font size="1"></font></p>
<p>We will be working with our current customers to ensure a smooth transition to these new tools. This includes implementing a temporary transition period to allow customers to adjust to the new way of managing financial transactions and paying fees at the USPTO.</p>
<p>Customers currently using a deposit account or EFT to pay fees at the USPTO will still be able to do so by entering their current deposit account or EFT credentials (i.e. deposit account access code or EFT profile name and password) immediately after the release of Financial Manager. After the temporary transition period, customers will need to store and manage deposit accounts and/or EFTs in Financial Manager, and only users who have been granted “Fee Payer” permissions for the payment method will be able to use them for payment. The transition timeline will be posted on the <a href="http://www.uspto.gov/FinancialManager">Financial Manager page of the USPTO website</a> when Financial Manager goes live. In the meantime, customers can refer to the <a href="http://www.uspto.gov/learning-and-resources/fees-and-payment/transition-resources">Fee Payment Transition Resources</a> section of the USPTO website to find additional information on the payment method migration.</p>
<p>We are very excited about bringing these new financial and fee payment tools to the public, and we’re confident that they will enhance our customers’ experience of doing business with the USPTO. If you have additional questions, please visit the <a href="http://www.uspto.gov/learning-and-resources/fees-and-payment/financial-manager-faqs">FAQ page for Financial Manager</a>, or the <a href="http://www.uspto.gov/learning-and-resources/fees-and-payment/online-fee-payment-tools-faqs">FAQ page for the Patent Maintenance Fees Storefront</a>. You can also email us at <a href="mailto:fpng@uspto.gov">fpng@uspto.gov</a>. We rely on customer feedback to drive our plans for future improvements.</p>
https://www.uspto.gov/blog/director/entry/ptab_issues_final_rules_for
PTAB Issues Final Rules for Improved Proceedings
USPTO
2016-03-31T10:36:45-04:00
2016-03-31T10:36:45-04:00
<p><em>Guest blog by Russ Slifer, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO)</em></p>
<p>After extensive public outreach, the USPTO has issued new final rules to make targeted modifications for trial practice before the Patent Trial and Appeal Board (PTAB), proactively addressing concerns of its users and improving proceedings (as further detailed in our <a href="https://www.federalregister.gov/articles/2016/04/01/2016-07381/rules-of-practice-for-trials-before-the-patent-trial-and-appeal-board">Federal Register Notice</a>.) </p>
<p>These amendments to the rules were proposed to the public in August 2015 to elicit additional stakeholder input and are a commitment to continue to keep the Leahy-Smith America Invents Act of 2011 trial process as efficient and fair as possible for both the petitioner and patent owner. </p>
<p>Since the inception of the PTAB, we have received over 4,600 petitions – three times the amount we expected. Despite this number, we still have not yet missed a single statutory deadline. Even with the surge of filings, the time to claim construction in the PTAB occurs within 180 days as opposed to the average of one year in Federal District Courts and PTAB proceedings can cost less than half than that of District Courts. Even with the speed and cost savings, PTAB decisions have enjoyed a high rate of affirmance in the Federal Circuit Court of Appeals.</p>
<p>As hard as we worked on our initial roll-out of these proceedings, we never assumed that our rules would be perfect at the outset. We anticipated having to revisit some of the guidelines and making refinements along the way. </p>
<p>One of the first actions Director Lee undertook was to kick off a series of listening tours on the PTAB, which started after the proceedings had been running for approximately two years. The goal was to check-in with stakeholders and communities and get feedback. Judges from the PTAB visited eight cities around the country to meet directly with practitioners. </p>
<p>A year later, the USPTO announced a series of “<a href="https://www.gpo.gov/fdsys/pkg/FR-2015-05-19/pdf/2015-12117.pdf">quick fixes</a>” that the PTAB was able to make immediately in response to what we learned. These were simple, but important changes, such as allowing a claims appendix to be filed with a motion to amend and expansion of page limits for certain filings. </p>
<p>Several months after that, we released proposals for more substantive changes via a notice of proposed rulemaking and sought further public input.</p>
<p>Now, we are publishing the culmination of that stakeholder input in the form of new final rules. Specifically, the new rules will:</p>
<ul>
<li>Allow patent owners to include, with their opposition to a petition to institute a proceeding, any relevant testimonial evidence, addressing concerns that patent owners are disadvantaged by previous rules that limited the evidence that could be presented with their preliminary response to the petition; </li>
<li>Add a Rule 11-type certification for papers filed in a proceeding; </li>
<li>Clarify that the PTAB will use the claim construction standard used by district courts for patents that will expire during a proceeding and therefore, cannot be amended, while confirming the use of broadest reasonable interpretation (BRI) for all other patents; and </li>
<li>Replace the current page limit with a word count limit for major briefings. </li>
</ul>
<p> </p>
<p>The USPTO also will amend its Office Patent Trial Practice Guide to reflect these rule changes and developments in practice concerning how the USPTO handles motions to amend, additional discovery, real party-in-interest and privy issues, and confidential information. </p>
<p>Additionally, after receiving negative responses from a <a href="https://www.gpo.gov/fdsys/pkg/FR-2015-11-03/pdf/2015-28107.pdf">Federal Register request</a> for comments on a proposed pilot program pertaining to the institution of post grant administrative trials by a single judge, we have decided not to go forward with the pilot program at this time. </p>
<p>I believe the process we followed here is an excellent example of how we are never satisfied with the status quo, how we are always looking for ways to improve, and how we listen carefully to our stakeholders for input.</p>
<p>We will continue to refine the rules governing AIA trials going forward to ensure fairness and efficiency while meeting all congressional mandates. </p>
https://www.uspto.gov/blog/director/entry/improvements_in_measuring_patent_quality
Improvements in Measuring Patent Quality Metrics
USPTO
2016-03-30T09:48:43-04:00
2016-03-30T09:48:43-04:00
<p style="MARGIN: 0in 0in 10pt"><font face="Calibri"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></font></p>
<p style="MARGIN: 0in 0in 10pt"><font face="Calibri">Through the <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative-0">Enhanced Patent Quality Initiative</a> (EPQI) which we announced in February 2015, the USPTO has committed itself to patent quality improvements, in order to issue patents of the highest quality and clarity. I highlighted some of the progress we’ve already made in my <a href="http://www.uspto.gov/blog/director/entry/enhanced_patent_quality_initiative_moving">blog this past November</a>. I want to update you on our newest efforts to improve the measurement and reporting of patent quality metrics, as well as provide new information on our upcoming Patent Community Symposium, which is an opportunity for us to gather additional public feedback.</font></p>
<p style="MARGIN: 0in 0in 10pt"><font face="Calibri">I’m pleased to announce that the USPTO has just published a notice in the <a href="https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-06851.pdf">Federal Register</a> outlining its new process to capture and measure data about patent quality, and we are eager for your input. In fiscal year 2016, we are terminating the use of the Composite Quality Score that we used to report quality during fiscal years 2011-2015. Through the EPQI, we received feedback that this composite, which includes several factors such as measures of the quality of examiners’ final work product, measures of prosecution transactional indicators, and internal and external survey results, did not adequately reflect quality. In response, we are disbanding our use of a single quality composite score. In its place, we propose a new way to measure quality, and we seek your input to our proposed approach.</font></p>
<p style="MARGIN: 0in 0in 10pt"><font face="Calibri">Under our proposed approach, the USPTO is standardizing reviews of finished work products, such as USPTO office actions, through the use of a single review form, called the “<a href="http://www.uspto.gov/sites/default/files/documents/MRF.pdf">Master Review Form</a>.” This review form is to be used by all USPTO reviewers when assessing finished work products, including reviewers in the Office of Patent Quality Assurance and supervisors in our Technology Centers. </font></p>
<p style="MARGIN: 0in 0in 10pt"><font face="Calibri">Compared to past review forms used by the USPTO, the Master Review Form places a much greater emphasis on assessing the clarity of an examiner’s reasoning, while maintaining focus on addressing the correctness of an examiner’s action. In addition, the results of all of these reviews will be electronically entered into a single database, thereby capturing three to five times more data than was previously captured. With this larger data set, we will be able to identify trends at an art unit or even at an individual examiner level. In doing so, we will be poised to provide resources and targeted training when needed to achieve greater accuracy, consistency, and efficiency, as well as increased transparency internally and externally of the standards for review.</font></p>
<p style="MARGIN: 0in 0in 10pt"><font face="Calibri">Through the <a href="https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-06851.pdf">Quality Metric Federal Register Notice</a>, we are seeking feedback on the contents of the Master Review Form, including whether we are collecting the right information about quality and what correctness and clarity aspects of the Master Review Form should be integrated into our quality metrics. We will use this input to finalize the form that will be deployed throughout the USPTO in fiscal year 2017. </font></p>
<p style="MARGIN: 0in 0in 10pt"><font face="Calibri">I am also pleased to share that the USPTO is hosting a Patent Community Symposium on Wednesday, April 27, 2016, to update the public on various efforts that the USPTO is undertaking to enhance patent quality. In particular, the agency is pursuing eleven programs to improve clarity of the prosecution record, enhance examiner training, improve applicant-examiner interactions, and as explained earlier, re-define ways to capture and measure data about quality. The symposium will feature lectures on these topics, an interactive workshop demonstration on how the Master Review Form will be applied, and a panel discussion with experienced patent practitioners about ways applicants can contribute to our efforts.</font></p>
<p style="MARGIN: 0in 0in 10pt"><font face="Calibri">I encourage you to share your feedback with us on our Quality Metric Federal Register Notice by May 24, 2016 and attend our Patent Community Symposium in April. How the USPTO measures patent quality is an important piece of the Enhanced Patent Quality Initiative, and my team and I are excited to work together with all of you to improve the quality of the patents issued by the USPTO.</font></p>
https://www.uspto.gov/blog/director/entry/from_nasa_to_south_by
From NASA to South by Southwest
USPTO
2016-03-21T09:05:42-04:00
2016-03-21T09:05:42-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>Last week, I traveled to Texas to promote the USPTO’s resources for innovators, entrepreneurs, and creators, visiting the University of Houston, NASA Johnson Space Center, and South by Southwest® (SXSW) Interactive Festival. <a href="https://www.facebook.com/media/set/?set=a.1233968369949985.1073741856.114912688522231&type=3">See photos from my visit to Texas</a>. Inventors, innovators, and entrepreneurs form the backbone of our nation’s economy, and now more than ever, intellectual property (IP) plays a leading role in the continued success of America’s startup companies.</p>
<p>On Friday March 11, I <a href="https://twitter.com/uspto/status/708378024341856256">delivered a fireside chat</a> at the University of Houston before an audience of Houston-area university tech transfer officials, IP practitioners, and other representatives from the local innovation community. I then headed to NASA’s Johnson Space Center, where I <a href="https://twitter.com/uspto/status/708427804455604224">discussed tech transfer and saw patented space technologies first-hand</a>. I visited Mission Control and the robotics and virtual reality labs for a demonstration of the <a href="http://robonaut.jsc.nasa.gov/default.asp">Robonaut 2 (R2) humanoid robot</a>, which contains <a href="https://twitter.com/uspto/status/707672604719620098">NASA patented technologies</a> with transfer potential across multiple industries -- including logistics and distribution, medical and industrial robotics, as well as hazardous, toxic, or remote environments. I also had the chance to <a href="https://twitter.com/uspto/status/708431090382458881">meet women leaders from across NASA</a>. </p>
<p>I was thrilled to be back at <a href="http://www.sxsw.com/interactive/news/2016/michelle-lee-interview">South by Southwest® Interactive</a> on March 12, a year after being <a href="https://www.youtube.com/watch?v=d-6pv7kH4Mc">sworn in on stage</a>. I led a featured session entitled, “New Face, New Pace: Innovation Beyond 2016,” where I <a href="https://twitter.com/uspto/status/708721781050204160">spoke with an impressive group of CEOs</a> on how IP has helped grow their businesses and some of the many resources the USPTO offers in support of innovators and entrepreneurs. <a href="http://www.uspto.gov/about-us/news-updates/remarks-michelle-k-lee-south-southwest-0">Read my remarks</a> and <a href="http://schedule.sxsw.com/2016/events/event_PP52189">learn more about the panel</a>.</p>
<p>While in Austin, I also <a href="https://twitter.com/uspto/status/708690836381409280">discussed the importance of copyright</a> in encouraging creative expression by incentivizing people to produce and share the works that contribute to America’s leading role as a cultural and economic powerhouse. I <a href="https://twitter.com/uspto/status/708689214100131840">met with startups and community leaders</a> and shared how the USPTO can help startups fit IP into their business strategy. </p>
<p>I was not the only representative of the USPTO at SXSW. Director of the Texas Regional Office, Hope Shimabuku, visited the Texas State University Innovation Lab, previewing game-changing technology created by student inventors, and also served as a panelist at the University of Texas at Austin session on “<a href="http://schedule.sxsw.com/2016/events/event_PP58487">Move Your IP: Concept to Commercialization</a>.” <a href="https://twitter.com/uspto/status/708414439540834304">USPTO colleagues from the Office of Education and Outreach</a> also participated in SXSW.edu Playground, where they shared learning modules with teachers to incorporate IP into their classrooms, including an exercise where expired patents were used as inspiration for new inventions. Finally, the USPTO Office of Innovation and Development provided information on USPTO resources for under resourced innovators such as the Patent Pro Bono program and discounted fees for micro entities to the many innovators and entrepreneurs at SXSW.</p>
<p>In short, the USPTO shared with the SXSW community the wide range of <a href="http://www.uspto.gov/learning-and-resources/startup-resources">resources for entrepreneurs and startups</a>, from tools to help them navigate the international IP landscape, to specialized events at our <a href="http://www.uspto.gov/about-us/uspto-office-locations">regional offices</a>.</p>
<p>At SXSW, President Obama spoke about the <a href="https://www.whitehouse.gov/the-press-office/2016/03/09/fact-sheet-white-house-announces-doubling-techhire-communities-and-new">critical need to develop the tech skills of our workforce for country’s economic future</a>. At the USPTO, we support this mission, and believe that by providing more paths for all Americans to pursue technology and innovation, and by providing resources for startups and entrepreneurs, our nation will become even more competitive in the years ahead. </p>
https://www.uspto.gov/blog/director/entry/uspto_s_national_summer_teacher
USPTO’s National Summer Teacher Institute – Bringing Innovation to the Classroom
USPTO
2016-03-11T10:41:48-05:00
2016-03-16T07:46:08-04:00
<p><em>Guest blog by Russ Slifer, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO)</em></p>
<p>Teachers across the country have until April 18 to apply for the U.S. Patent and Trademark Office’s (USPTO) 3rd annual <a href="http://www.uspto.gov/learning-and-resources/outreach-and-education/national-summer-teacher-institute">National Summer Teacher Institute</a>—an exceptional opportunity for teachers to garner additional skills in innovation, “making,” and intellectual property, to incorporate into their classrooms. </p>
<p>The institute will be offered in collaboration with Michigan State University (MSU) in East Lansing from July 17-22, 2016. Fifty elementary, middle school, and high school science, technology, engineering, or mathematics (STEM) teachers will be selected to participate, and they will explore experiential training tools, practices, and project-based learning models to help foster skills and motivation for innovation. </p>
<p>Speakers and hands-on workshop instructors will include experts from the USPTO, faculty from MSU, noted scientists and engineers from the <a href="http://www.uspto.gov/learning-and-resources/outreach-and-education">Science of Innovation curriculum</a>, and representatives from other federal government agencies and non-profit organizations.</p>
<p>Invention projects provide a practical experience for participants to understand concepts of intellectual property in the context of STEM. Teachers will have access to maker spaces on the campus of MSU during the institute and are encouraged to take ideas and lessons learned back to their own classrooms. The program is designed to help teachers enhance student learning and outcomes, while meeting the rigors of common core and next generation science and engineering standards.</p>
<p>Steve Bennett, an 8th grade engineering and technology teacher at a middle school outside of Houston, participated in the teacher institute in 2014 and served as a teacher ambassador in 2015. Bennett stated the teacher institute was the best summer experience he has had as an educator. He learned about the patent process, how to teach his students about it, and activities to use in the classroom such as making a microscope from a simple laser pointer. Along with the tools and techniques to inspire intellectual property and innovation in his curriculum, Bennett said it’s the connections he made at the institute that help continue to drive him professionally. He’s met more than 60 teachers across the country who he continues to collaborate with and share ideas with. He now works with other schools and universities to promote STEM teaching programs, activities, and events. “The teacher institute opened up a whole new world for me,” he said. “The USPTO’s program can be used for any subject, and I recommend it for any teacher.” </p>
<p>Requirements for the <a href="http://www.uspto.gov/learning-and-resources/outreach-and-education/national-summer-teacher-institute">USPTO’s National Summer Teacher Institute</a> include three years of teaching experience and a commitment and willingness to take what they learn back to classrooms to help inspire a new generation of innovators. Teachers are chosen from across the country, and will have travel and lodging expenses covered if they live more than 50 miles from the venue.<br /></p>
https://www.uspto.gov/blog/director/entry/uspto_maintains_productivity_despite_inclement
USPTO Maintains Productivity Despite Inclement Weather
USPTO
2016-02-29T07:53:16-05:00
2016-02-29T08:12:38-05:00
<p><em>Guest blog by Russ Slifer, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO)</em></p>
<p>The big East Coast snowstorm last month demonstrated the continuing effectiveness of the USPTO’s telework program, as more than 9,600 of our approximately 12,000 USPTO employees were able to telework despite the aftermath of the blizzard, allowing the agency to maintain high levels of production and efficiency.</p>
<p>While the federal government in the Washington, D.C. area was officially shut down, 77 percent of the total USPTO workforce was teleworking at peak times of the day. Not every USPTO employee has a telework agreement. Among those who do, nearly 93 percent of all employees were working at peak times. In terms of productivity, our Trademark examining attorneys performed more than 90 percent of the work they did on recent comparable days without closures or storms. Patent examiners accomplished an average of 84 percent of the work they did on recent comparable days. Patent Trial and Appeal Board staff continued to respond to customer enquiries, judges conducted hearings remotely, and over 20 America Invents Act decisions were entered. </p>
<p>The USPTO has been leveraging telework for many years; since 1997 in fact, when the Trademark Work at Home program started. In those days, telework in most federal government agencies was still considered to be the “shiny new penny” and federal agencies were just starting to get on board the telework train. In addition to our headquarters in Alexandria, Virginia, the USPTO’s <a href="http://www.uspto.gov/about-us/uspto-office-locations">regional offices</a> across the country also effectively use telework when needed to serve inventors and entrepreneurs in their regions.</p>
<p>Prior to this year, February 2010 saw the last severe blizzard-like weather in the Washington metropolitan area. <a href="http://www.uspto.gov/blog/director/entry/working_through_snowmageddon">When the 2010 “Snowmageddon” storm hit, the USPTO was prepared</a>: Trademarks was able to maintain fully 86 percent of normal workday production, and, agency-wide, more than 3,000 USPTO employees logged on to the PTO Virtual Private Network (VPN). The 2010 blizzard also helped the 2010 Telework Enhancement Act gain traction, especially in the Washington metropolitan area. </p>
<p>Although Punxsutawney Phil predicts an early spring, the Farmer’s Almanac indicates more inclement weather before winter’s official end. Whatever the case may be, at the USPTO it is business as usual.</p>
https://www.uspto.gov/blog/director/entry/uspto_submits_its_fiscal_year1
USPTO Submits its Fiscal Year 2017 Congressional Budget Justification
USPTO
2016-02-26T05:43:35-05:00
2016-02-26T05:43:35-05:00
<p><em>Guest Blog by Chief Financial Officer Tony Scardino</em></p>
<p>Each year, the USPTO submits a budget justification to Congress in order to obtain authority to spend the patent and trademark fees we collect. I’m pleased to announce that the USPTO has published its fiscal year (FY) 2017 <a href="http://www.uspto.gov/sites/default/files/documents/fy17pbr.pdf">Congressional Budget Justification</a>. </p>
<p>The FY 2017 Congressional Budget Justification, which covers the period from October 1, 2016 through September 30, 2017, provides detailed information on how the USPTO plans to spend fees in the upcoming fiscal year. The FY 2017 budget documents our plans to enhance patent quality and 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 our high levels of trademark quality and pendency despite increasing numbers of application filings; modernizing our information technology (IT); carrying out the provisions of the America Invents Act (AIA); and providing domestic and global intellectual property leadership. </p>
<p>In FY 2017, the USPTO expects to collect—and has requested an appropriation of—$3.3 billion in fee revenue, which is derived primarily from patent and trademark fee collections. This is approximately $49 million more than our FY 2016 appropriation. </p>
<p>Our estimated fee collections have been modified from the projections included in the FY 2016 President’s Budget to reflect new assumptions about the growth rate in patent application filings—based on our latest assumptions about demand for our services—and to incorporate proposed fee adjustments that were presented to the <a href="http://www.uspto.gov/about-us/organizational-offices/public-advisory-committees">USPTO’s Public Advisory Committees</a> (PACs) in early FY 2016. Both PACs have held public hearings on the agency’s proposals. We are currently awaiting and analyzing the findings and recommendations reported from our PACs. Once our analyses are completed, we will update our fee collection estimates in the notices of proposed rulemaking that will be published in the coming months. </p>
<p>The USPTO FY 2017 budget tells the story of a dynamic organization that is continually adapting to the ever-changing environment in which we operate. The agency maintains operating reserves to help us effectively manage through these changes. Even as fee collections vary from year to year, the operating reserves allow us to continue to make critical, multi-year investments to improve the USPTO and its operations. In FY 2015, the USPTO established minimum operating reserve levels for FY 2016 and FY 2017—$300 million for the patent operating reserve and $55 million for the trademark operating reserve—to help us mitigate known financial risks. Our goal is to continue to grow these reserves to their optimal levels of three months for patents and four months for trademarks within the five year term reported in the budget. </p>
<p>Throughout FY 2015, patent application filings and fee collections were trending at less than planned levels. We recognized that planned spending in FY 2016 and FY 2017 no longer aligned to our projected resources, and the agency conducted a comprehensive financial planning and resource management review. Based on this review, the USPTO’s FY 2017 budget prioritizes the agency’s spending across multiple years and reduces our budgetary requirements—i.e., what we plan to spend in FY 2016 and FY 2017—from the levels we identified at this time last year. </p>
<p>The budget places high priority on financing fixed operating costs (e.g., paying for on-board staff, production and operating requirements) and carrying forward with targeted investments and improvements. We also recognize that it is prudent to extend some of our information technology (IT) investments over a longer period of time in order to continue the effective implementation of critical systems that are essential to accomplishing our strategic goals. </p>
<p>The spending and revenue adjustments included in the FY 2017 budget allow the USPTO to continue to make responsible investments in the agency’s mission while maintaining our minimum operating reserve levels, and demonstrate the USPTO’s commitment to sound business and financial practices. Looking to the future, we will continue to assess the proper balance between pursuing strategic improvements and mitigating financial risks to the agency’s mission. </p>
https://www.uspto.gov/blog/director/entry/submit_topic_ideas_for_new
Submit Topic Ideas for New Quality Case Studies Pilot Program
USPTO
2016-02-05T06:51:23-05:00
2016-02-05T06:51:23-05:00
<p><em>Guest blog by Deputy Commissioner for Patent Quality Valencia Martin Wallace</em></p>
<p>The USPTO is dedicated to providing the best work products and services at every stage of the patent process. Over the past year, we have worked diligently on the evolving programs of our <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative">Enhanced Patent Quality Initiative (EPQI)</a> that we developed in response to our stakeholder’s feedback. In December, we initiated a new program, the Topic <a href="http://www.uspto.gov/patent/initiatives/topic-submission-case-studies-pilot-program.html">Submission for Case Studies Pilot Program</a> and through it we invite our stakeholders to submit patent quality-related topics that you believe should be the subject of a USPTO case study by Friday, February 12, 2016. </p>
<p>The USPTO anticipates these case studies will help us better understand the quality of our work products and, where appropriate, take action to remediate quality issues. We expect these case studies to assist us in formulating best practices to enhance patent quality by improving our patent work products and examination processes, as well as recognizing areas where further examiner training may be needed.</p>
<p>Case study topic submissions should (1) set forth a patent quality-related issue; (2) propose how the USPTO should study the issue; and (3) discuss how such study could lead to improvement in the quality of patents issued by the USPTO. Topic submissions should not focus on particular applications, examiners, art units, or other purely managerial concerns. </p>
<p>For more guidance on types of topics to submit and the form in which topics may be submitted, visit <a href="http://www.uspto.gov/patent/initiatives/topic-submission-case-studies-pilot-program.html">Topic Submission for Case Studies Pilot Program</a> on our website. Submissions for the program should be emailed to <a href="mailto:TopicSubmissionForCaseStudies@USPTO.gov">TopicSubmissionForCaseStudies@USPTO.gov</a>. All qualifying submissions will be <a href="http://www.uspto.gov/patent/laws-and-regulations/comments-public/topics-submitted-quality-case-studies">posted publically on our website</a>.</p>
<p>Enhancing patent quality is central to fulfilling the mission of the USPTO (<a href="http://www.uspto.gov/blog/director/entry/enhanced_patent_quality_initiative_moving">Read more in Director Lee’s blog update from November 2015</a>) and we value your participation in this new pilot program. It is of upmost importance to us to involve you in our quality improvement processes, and also maintain transparency in our quality efforts. </p>
https://www.uspto.gov/blog/director/entry/leadership_in_all_uspto_regional
Leadership in All USPTO Regional Offices
USPTO
2016-01-14T07:10:56-05:00
2016-01-14T07:10:56-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>After much <a href="http://www.uspto.gov/blog/director/entry/a_historic_moment_for_the">excitement in the last few months of 2015</a> with the opening of our final two regional offices—the <a href="http://www.uspto.gov/about-us/uspto-locations/silicon-valley-california">West Coast Regional Office</a> in Silicon Valley in October and our <a href="http://www.uspto.gov/about-us/uspto-locations/dallas-texas">Texas Regional Office</a> in Dallas in November—I’m happy to announce that <a href="http://www.uspto.gov/about-us/uspto-locations/denver-co/molly-kocialski">Molly Kocialski</a> will be the Director of the <a href="http://www.uspto.gov/about-us/uspto-locations/rocky-mountain-regional-office-colorado">Rocky Mountain Regional United States Patent and Trademark Office</a> in Denver, Colorado. With Molly’s addition, all four of our regional offices now have directors, making us well-positioned to fully advance the mission of the USPTO as America’s Innovation Agency.</p>
<p>As the new director, Molly will spearhead the Rocky Mountain Regional Office’s efforts to bring the USPTO’s resources directly to the local innovation community, helping to fuel economic growth and innovation in the region, as well as oversee the local team of patent examiners and PTAB judges. Molly is an established IP leader in the Rocky Mountain region, having served as the Chair of the Intellectual Property Section of the Colorado Bar Association and currently on the Colorado Bar Association’s Board of Governors. Moreover, Molly brings to bear more than 20 years of experience in intellectual property. Most recently, she was the Senior Patent Counsel for Oracle America, Inc. in Denver, responsible for managing an active patent prosecution docket and all of the post-grant PTAB proceedings and patent investigations for Oracle and its subsidiaries. Prior to Oracle, she worked at Qwest Corporation and was in private practice both in New York and in Colorado focusing on intellectual property litigation for multiple high-tech companies while maintaining an active prosecution docket. Her extensive experience and familiarity with the region’s unique ecosystem of industries and stakeholders will be an asset to the USPTO. </p>
<p>Molly joins a group of exceptional office directors already in place, including <a href="http://www.uspto.gov/about-us/uspto-locations/dallas-tx/hope-shimabuku">Hope Shimabuku</a>, Director of our Texas Regional Office in Dallas, whom I <a href="https://twitter.com/uspto/status/684154892475305984">recently swore in on January 3</a>, <a href="http://www.uspto.gov/about-us/uspto-locations/detroit-mi/christal-sheppard">Christal Sheppard</a>, Director of the <a href="http://www.uspto.gov/about-us/uspto-locations/detroit-michigan">Elijah J. McCoy Midwest Regional Office</a> in Detroit, and <a href="http://www.uspto.gov/about-us/uspto-locations/silicon-valley-ca/john-cabeca">John Cabeca</a>, Director of the <a href="http://www.uspto.gov/about-us/uspto-locations/silicon-valley-california">West Coast Regional Office</a> in Silicon Valley.</p>
<p>The establishment of four USPTO regional offices fulfills a commitment dating to September 16, 2011, when President Obama signed the Leahy-Smith <a href="https://www.whitehouse.gov/the-press-office/2011/09/16/president-obama-signs-america-invents-act-overhauling-patent-system-stim">America Invents Act</a> into law. These offices serve their region’s innovation and intellectual property communities and put tools into the hands of individuals who need assistance at every step of the business lifecycle. I am proud of the historic progress we have made over the last four years in establishing and growing these offices, and as we continue to bring resources to the doorsteps of innovators and serve entrepreneurs from coast to coast.</p>
<p>All of our offices will continue to hire talented and dedicated professionals to join their teams. For more information about openings, go to <a href="http://www.usajobs.gov/">www.usajobs.gov</a>, keyword: USPTO. </p>
https://www.uspto.gov/blog/director/entry/five_largest_trademark_offices_hold
Five Largest Trademark Offices Hold Annual Meeting at the USPTO
USPTO
2016-01-05T12:11:47-05:00
2016-01-05T12:11:48-05:00
<p><em>Guest Blog by Commissioner for Trademarks Mary Boney Denison</em></p>
<p>The USPTO is dedicated to working closely and regularly with its trademark office counterparts worldwide to cooperate on processes and exchange best practices. With that in mind, we hosted the 2015 <a href="http://tmfive.org/">TM5</a> Annual Meeting at USPTO headquarters December 1-2. The TM5 comprises the five largest trademark offices in the world: the USPTO, the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the European Union’s Office for Harmonization in the Internal Market (OHIM), and the Trademark Office of the State Administration for Industry and Commerce of the People’s Republic of China (SAIC). The annual meeting saw progress on a number of cooperative projects, including a vote to expand invitations to other countries to participate in the USPTO-led ID List Project, (which I’ll tell you more about below).</p>
<p>The TM5 is an outgrowth of the Trademark Trilateral, a cooperative framework established by JPO, OHIM, and the USPTO in 2001. That framework was expanded to include KIPO and SAIC in 2011 and 2012, respectively, and the group became known as TM5. The TM5 framework allows the partner offices to exchange information on trademark-related matters and to undertake cooperative activities aimed at harmonizing or improving their respective trademark protection systems and procedures. The 2015 TM5 Annual Meeting also included sessions with users, designed to obtain feedback on the existing efforts and to generate ideas and discussion about future work.</p>
<p>The work of the TM5 is structured through cooperative projects designed to improve users’ interactions with national trademark offices and the World Intellectual Property Organization (WIPO). These projects include, among others, minimizing bad faith filings, TMview, common status descriptions and ID List, and comparison of examination results and Madrid Protocol procedure.</p>
<p><u>Minimizing Bad Faith Filings</u></p>
<p>The TM5 partners continue to make efforts to minimize the incidence of bad faith trademark filings around the world by exchanging best practices in order to provide more transparent information to users. To that end, the TM5 published a <a href="http://tmfive.org/continuationexpansion-of-bad-faith-project-2/">report</a> summarizing the partners offices’ best practices. The TM5 agreed at the 2015 Annual Meeting to continue to hold seminars with users and other national trademark offices to generate recommended solutions to this global problem. The next seminar for the TM5 partners to engage with users will be held in Tokyo, on March 1, 2016. </p>
<p><u>TMview</u></p>
<p>In order to make it easier for trademark applicants to access trademark information and to conduct global trademark clearance searches, the TM5 partners provide their trademark data to OHIM, the designated project leader for “User Friendly Access to Trademark Information.” The project, also known as “<a href="https://www.tmdn.org/tmview/welcome">TMview</a>,” allows users to conduct a single search of multiple databases, including data from OHIM, WIPO, and 43 trademark offices (which includes the USPTO, JPO, and KIPO). The TM5 partners expect that the trademark data from SAIC will be added to the system in 2016. TMview also provides a link to access the trademark prosecution history and all associated documents of an application file, if that information is provided by the national office. </p>
<p><u>Common Status Descriptors and ID List</u></p>
<p>To help make the search results of TMview or TM5 partner offices more understandable for users, the TM5 partners are developing and implementing “common status descriptors,” or uniform terms and icons that multiple national offices can use to signify the particular status of trademark registrations and applications. The USPTO is the designated lead for this project. </p>
<p>To improve global filing, the USPTO also leads a project to develop a harmonized global “pick list” of preapproved and pre-classified identifications (IDs) of goods or services and their translations, called the “TM5 ID List.” All of the TM5 partners participate in this project, as well as the national trademark offices of Canada, the Philippines, Singapore, Mexico, the Russian Federation, Colombia, and Chile. The <a href="http://oami.europa.eu/ec2/tm5/?lang=en">ID List is now available online</a> and is fully searchable. By including entries from this list in trademark applications filed in any of the participating countries, trademark applicants may avoid a refusal on the ground that the identification is indefinite or otherwise unacceptable. One significant development at this year’s TM5 Annual Meeting was a decision by the partners to expand the project to additional countries so that the TM5 ID List can be a truly global tool for use in offices around the world.</p>
<p><u>Comparison of Examination Results and Madrid Protocol Procedure</u></p>
<p>The TM5 partners are now comparing examination results for applications filed before each of the partners’ offices to see where practices might diverge or converge, in order to gain a better understanding of the partners’ practices and policies. The applications currently being reviewed were filed in all of the partner offices using the Madrid Protocol. Such analysis could provide helpful information to users, as well as to the partner offices regarding the ability to register applied-for marks.</p>
<p>Additionally, JPO leads a project to standardize information provided by the TM5 partner offices regarding practice and procedure related to designations under the Madrid System. This project will make it easier for global users to understand how to navigate prosecution in the various TM5 partner offices when filing via the Madrid Protocol.</p>
<p>A full list of the topics discussed at the TM5 Annual Meeting, as well as more information about TM5 in general, may be found on the <a href="http://tmfive.org/">TM5 website</a>. SAIC will act as Secretariat in 2016 and will host the TM5 meetings, including the TM5 Annual Meeting, in China.</p>
https://www.uspto.gov/blog/director/entry/power_and_systems_update
Power and Systems Update
USPTO
2015-12-30T06:39:35-05:00
2015-12-30T06:39:35-05:00
<p><em>Guest blog by Deputy Director Russell Slifer</em> </p>
<p>I wanted to take this opportunity to thank all of our stakeholders and employees for their patience and support as we worked to repair USPTO operations to full functionality. I also want to extend our sincere appreciation to the hundreds of employees, contractors, and service providers who have been working around the clock, through the holidays, to restore operation of thousands of servers, network switches, firewalls, databases, and their connections.</p>
<p>The USPTO contracts, through service providers, for clean uninterrupted power from state of the art, redundant, uninterrupted power supplies for our data systems. On December 22, both of these power supplies were damaged, resulting in a complete power outage to our data systems. Analysis of the damage over the last week confirms our earlier assessments and eliminates any concerns of foul play. We will take this opportunity to work with our service providers to ensure that lessons are learned and improvements are made.</p>
<p>We regret that any interruption occurred, and we strive to provide service equal to the best in government and industry. The USPTO continues to invest in improving our IT systems and many of these improvements allowed the agency to bounce back more quickly. I am proud to say that the USPTO teams returned operation to many systems as early as the next day, successfully restored data from our backup systems, and made all the necessary hardware repairs to return to nearly 100 percent operations by December 28th. Thanks to the tireless dedication of so many people, the USPTO is again operating on an uninterrupted power supply. </p>
https://www.uspto.gov/blog/director/entry/uspto_releases_its_fy_2015
USPTO Releases its FY 2015 Performance and Accountability Report (PAR)
USPTO
2015-12-15T04:39:20-05:00
2015-12-15T04:39:20-05:00
<p><em>Guest Blog by Tony Scardino, Chief Financial Officer</em></p>
<p>I’m pleased to announce that the USPTO has published its <a href="http://www.uspto.gov/about-us/performance-and-planning/uspto-annual-reports.html">Performance and Accountability Report (PAR) for fiscal year (FY) 2015</a>. The PAR serves as the USPTO’s annual report, similar to what private sector companies prepare for their shareholders. Each year the USPTO publishes this report to update the public on our performance and financial health. </p>
<p>Our PAR charts the agency’s progress toward meeting goals outlined in our 2014-2018 USPTO Strategic Plan: optimizing patent quality and timeliness; optimizing trademark quality and timeliness; and providing domestic and global leadership to improve intellectual property policy, protection, and enforcement worldwide. These goals govern the quality and quantity of our service to intellectual property stakeholders. In addition, the PAR provides information on the USPTO’s progress towards a broader management goal: achieving organizational excellence.</p>
<p>Here at the USPTO, we take pride in producing a PAR that meets the highest standards of transparency, quality, and accountability. The PAR contains a wealth of data and historical information of interest to our stakeholders, including data on patent and trademark examining activities, application filings, and agency staffing levels. This information is conveniently presented in the Workload Tables section at the end of the PAR.</p>
<p>On the issue of financial performance, FY 2015 marks the 23nd consecutive year that the USPTO’s financial statements have received an unmodified audit opinion. Our clean audit opinion gives the public independent assurance that the information presented in the agency’s financial statements is fairly presented and follows generally accepted accounting principles. In addition, the auditors reported no material weaknesses in the USPTO’s internal controls, and no instances of non-compliance with laws and regulations affecting the financial statements.</p>
<p>While the PAR is a record of our achievements, it is also an honest discussion of the challenges we face as an agency moving forward in FY 2016. Among our numerous challenges and opportunities, we will continue efforts in: managing the transition to a steady-state operation as the patent business comes closer to achieving its pendency and inventory targets; establishing an Office of the Deputy Commissioner to ensure that the growing Trademark organization has the resources and knowledge it needs to continue to modernize; attaining and maintaining full sustainable funding in an era of increased budgetary pressures; and providing IT support for a nationwide workforce with a “24/7/365” operational capability.</p>
<p>The PAR is a faithful snapshot of the USPTO’s FY 2015 performance. I hope you find value in this document, and that it allows you to glean greater insights into the agency’s activities and achievements.</p>
https://www.uspto.gov/blog/director/entry/a_historic_moment_for_the
A Historic Moment for the USPTO and Innovators Everywhere
USPTO
2015-12-08T05:09:15-05:00
2015-12-08T06:33:21-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>It’s been a momentous time for the U.S. Patent and Trademark Office in recent weeks, as we officially opened our <a href="http://www.uspto.gov/about-us/uspto-locations/silicon-valley-california">West Coast Regional Office</a> in Silicon Valley on October 15 and our <a href="http://www.uspto.gov/about-us/uspto-locations/dallas-texas">Texas Regional Office</a> in Dallas on Nov 9. And today we are announcing the hire of the first Director of our Texas Regional Office, stellar engineer and intellectual property attorney <a href="http://www.uspto.gov/about-us/uspto-locations/dallas-tx/hope-shimabuku">Hope Shimabuku</a>. Her hire comes at a time of historic achievement, as we have completed the establishment of four USPTO regional offices, a commitment dating to September 16, 2011, when President Obama signed the <a href="https://www.whitehouse.gov/the-press-office/2011/09/16/president-obama-signs-america-invents-act-overhauling-patent-system-stim">America Invents Act</a> into law. The regional offices embody the Administration’s commitment to promoting innovation and entrepreneurship across the United States. Of course, we at the USPTO know our work has only just begun. We can now, more than ever, engage directly and meaningfully with our nation’s inventors, entrepreneurs, IP practitioners, academics, and policymakers. And we plan to take full advantage of that opportunity.</p>
<p>Hope is a critical player in that mission. She brings to the Texas Regional Office nearly two decades of professional experience, with the added bonus of being a native Texan. Most recently, Hope was part of the Office of General Counsel at Xerox Corporation serving as Vice-President and Corporate Counsel responsible for all intellectual property matters for Xerox Business Services, LLC. She also worked for Blackberry, advising on U.S. and Chinese standards setting, cybersecurity, technology transfer, and IP laws and legislation. She was also an engineer for Procter & Gamble and Dell Computer Corporation, and holds a B.S. in Mechanical Engineering from the University of Texas at Austin and a cum laude J.D. from the Southern Methodist University Dedman School of Law.</p>
<p>As a veteran of the innovation ecosystem in Texas, she is well aware of the dynamic variety of economic giants as well as up-and-comers across the broader region, in industries ranging from semiconductors to bioengineering. She knows the emerging economic opportunities in that region, and is committed to advancing the mission of the USPTO as America’s Innovation Agency by assisting entrepreneurs to unleash game-changing innovations while creating high-paying jobs and fueling economic growth.</p>
<p>When Hope comes on board in January, she will actively engage with innovation communities in many states across the broader region, promoting USPTO services and initiatives that match the exact needs of those audiences. She will educate but she will also listen, the USPTO’s model of 21st Century governance. And she’ll supervise a stellar team of hard-working employees. The Texas Regional Office already boasts many Patent Trial and Appeal Board judges, with the first patent examiner class onboarding January 11, 2016. Once fully staffed, the Texas Regional Office will have more than 100 examiners, judges, and outreach and administrative staff.</p>
<p>The West Coast Regional Office, when fully staffed, will have approximately 125 employees, comprised of 80 patent examiners, over 25 Patent Trial and Appeal Board Judges, and outreach and administrative staff. The office has already been active in outreach efforts with organizations across Silicon Valley, the state of California, as well as across the other states in its region. </p>
<p>Despite having only been officially open in our permanent location for a month, the West Coast Regional Office has already provided assistance to over 100 walk-in visitors, trained new patent examiners, provided tours for local elected officials, and hosted patent and trademark learning events. U.S. Secretary of Commerce Penny Pritzker recently visited the office and spent time meeting with employees, and the office also hosted dignitaries in a World Intellectual Property Organization (WIPO) roundtable. Prior to the official opening of the permanent space, the office was already hard at work engaging with startups and incubators, providing technology focused and industry specific workshops and presentations specific to Silicon Valley and the region. </p>
<p>The <a href="http://www.uspto.gov/about-us/uspto-locations/rocky-mountain-regional-office-colorado.html">Rocky Mountain Regional Office</a> in Denver has also been busy, most recently hosting a Patent Quality roundtable on October 21, in conjunction with the IP Committee of the Colorado Chapter of the Association for Corporate Counsel (ACC) and the IP Section of the Colorado Bar Association. Members of the bar, local patent community and public-at-large are invited to come together with USPTO officials and share ideas, experiences and insights on patent quality. The Rocky Mountain, Midwest, and West Coast regional offices are now staffed with outreach officers who are dedicated to building relationships with innovators and partners in their regions.</p>
<p>The <a href="http://www.uspto.gov/about-us/uspto-locations/detroit-michigan">Elijah J. McCoy Midwest Regional Office</a> in Detroit, staffed with 154 employees, continues to hold frequent events and actively engage with the innovation community. In 2015, since Director Christal Sheppard came on board, the office has engaged with over 10,000 stakeholders and held over 120 outreach events for audiences of senior citizen entrepreneurs to K-12 future innovators and everyone in between. The office’s Saturday seminars, free and open to the public, are a very popular event. One important focus of the Midwest Regional Office has been on K-12 STEM (science, technology, engineering, and mathematics) outreach. The office is working with local school districts and after-school programs to encourage innovation with K-12 education, particularly focusing on children and teens that, currently and historically, are underrepresented in STEM and the innovation economy. Since 2012, the office has reached over 700 K-12 students in underserved communities.</p>
<p>In each of the offices, we continue to look for talented and dedicated employees to join our team. If you are interested in working for the USPTO in one of these regional offices, please refer to <a href="http://www.usajobs.gov/">www.usajobs.gov</a> for openings.</p>
<p>We are very excited about the important role the USPTO regional offices will play in supporting the overall mission of the Agency including ensuring easier access by innovators and entrepreneurs to resources and intellectual property protections they need to compete in today’s global economy. Look for me to provide a new update on regional office activities in the spring, as the USPTO embarks on our next phase of community engagement with four permanent regional offices up and running.</p>
https://www.uspto.gov/blog/director/entry/enhanced_patent_quality_initiative_moving
Enhanced Patent Quality Initiative: Moving Forward
USPTO
2015-11-06T06:35:43-05:00
2015-11-23T04:45:37-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>Patent quality is central to fulfilling a core mission of the USPTO, which as stated in the Constitution, is to “promote the Progress of Science and useful Arts.” It is critically important that the USPTO issue patents that are both <strong>correct</strong> <u><em>and</em></u> <strong>clear</strong>. Historically, our primary focus has been on correctness, but the evolving patent landscape has challenged us to increase our focus on clarity.</p>
<p>Patents of the highest quality can help to stimulate and promote efficient licensing, research and development, and future innovation without resorting to needless high-cost court proceedings. Through correctness and clarity, such patents better enable potential users of patented technologies to make informed decisions on how to avoid infringement, whether to seek a license, and/or when to settle or litigate a patent dispute. Patent owners also benefit from having clear notice on the boundaries of their patent rights. After successfully reducing the backlog of unexamined patent applications, our agency is redoubling its focus on quality. </p>
<p>We asked for your help on how we can best improve quality—and you responded. Since announcing the Enhanced Patent Quality Initiative earlier this year, we received over 1,200 comments and extensive feedback during our first-ever Patent Quality Summit and roadshows, as well as invaluable direct feedback from our examining corps. This feedback has been tremendously helpful in shaping the direction of our efforts. And with this background, I’m pleased to highlight some of our initial programs under the Enhanced Patent Quality Initiative. </p>
<p>First, we are preparing to launch a <strong>Clarity of the Record Pilot</strong>, under which examiners will include as part of the prosecution record important claim constructions and more detailed reasons for the allowance and rejection of claims. Based on the information we learn from this pilot, we plan to develop best examiner and applicant practices for enhancing the clarity of the record.</p>
<p>We also will be launching a new wave of <strong>Clarity of the Record Training</strong> in the coming months emphasizing the benefits and importance of making the record clear and how to achieve greater clarity. Recently, we provided examiners with training on functional claiming and putting statements in the record when the examiner invokes 35 U.S.C. 112(f), which interprets claims under the broadest reasonable interpretation standard and secures a complete and enabled disclosure for a claimed invention. Training for the upcoming year includes an assessment of a fully described invention under 35 U.S.C. 112(a) and best practices for explaining indefiniteness rejections under 35 U.S.C. 112(b). </p>
<p>Second, we are <strong>Transforming Our Review Data Capture Process</strong> to ensure that reviews of an examiner’s work product by someone in the USPTO will follow the same process and access the same facets of examination. Historically, we have had many different types of quality reviews including supervisory patent examiner reviews of junior examiners and quality assurance team reviews of randomly selected examiner work product. Sometimes the factors reviewed by each differed, and the degree to which the review results were recorded. With only a portion of these review results recorded and different criteria captured in those recordings, the data gathered was not as complete, useful, or voluminous as it could have been. As a result, the USPTO has been able to identify statistically significant trends only on a corps-wide basis, but not at the technology center, art unit, or examiner levels. We are working to unify the review process for <u>all</u> reviewers and systematically record the <u>same</u> review results through an online form, called the “master review form,” which we intend to share with the public. </p>
<p>What are the implications of this new process and new form? This new process will give us the ability to collect and analyze a much greater volume of data from reviews that we were already doing, but that were not previously captured in a centralized, unified way. As we roll out this new review process the amount of data we collect will significantly increase anywhere from three to five times. This will allow us to use big data analytic techniques to identify more detailed trends across the agency based upon statistically significant data including at the technology center, art unit, and even examiner levels. Also, this new process will give us better insight into not just whether the law was applied correctly, but whether the reasons for an examiner’s actions were spelled out in the record clearly and whether there is an omission of a certain type of rejection. For example, for an obvious rejection we are considering not only whether a proper obvious rejection was made, but whether the elements identified in the prior art were mapped onto the claims, whether there are statements in the record explaining the rejection, and whether those statements are clear. </p>
<p>The end results will be the (1) ability to provide more targeted and relevant training to our examiners with much greater precision, (2) increased consistency in work product across the entire examination corps, and (3) greater transparency in how the USPTO evaluates examiners’ work product. You can read more about these and our many other initiatives, such as our <strong>Automated Pre-examination Search</strong> pilot and <strong>Post Grant Outcomes</strong>, which incorporates insight from our Patent Trial and Appeal Board and other proceedings back into the examination process on our new <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative.html">Enhanced Patent Quality Initiative</a> page on our website. </p>
<p>Finally, let me close by emphasizing that our Enhanced Patent Quality Initiative is not a “one-and-done” effort. Coming from the private sector, I know that any company that produces a truly top quality product has focused on quality for years, if not decades. The USPTO is committed to no less. The programs presented here are just a start. My goal in establishing a brand new department within the USPTO was to focus exclusively on patent quality and the newly created executive level position of Deputy Commissioner for Patent Quality will ensure enhanced quality now, and into the future. With your input we intend to identify additional ways we can enhance patent quality as defined by our patent quality pillars of excellence in work products, excellence in measuring patent quality, and excellence in customer service. </p>
<p>To that end, we will continue our stakeholder outreach and feedback collection efforts in various ways, such as our monthly <a href="http://www.uspto.gov/patent/initiatives/patent-quality-chat">Patent Quality Chat webinars</a>. The next <a href="http://www.uspto.gov/patent/patent-quality-chat-webinar-update-enhanced-patent-quality-initiative">Patent Quality Chat webinar on November 10</a> will focus on the programs presented in this blog and our other quality initiatives. I encourage you to join in regularly to our Patent Quality Chats and visit the <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative.html">Enhanced Patent Quality Initiative</a> page on our website for more information. The website provides recordings of previous Quality Chats as well as upcoming topics for discussion. We are eager to hear from you about our Enhanced Patent Quality Initiative, so please continue to provide your feedback to <a href="mailto:WorldClassPatentQuality@uspto.gov">WorldClassPatentQuality@uspto.gov</a>. Thank you for collaborating with us on this exciting and important initiative!</p>
https://www.uspto.gov/blog/director/entry/icons_for_intellectual_property_concepts
Icons for Intellectual Property Concepts Unveiled
USPTO
2015-10-02T07:15:41-04:00
2015-10-02T07:58:15-04:00
<p><font face="Calibri"><em>Guest blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Russ Slifer</em></font></p>
<p><font face="Calibri">With startup activity in the United States surging and small inventors changing the global economic landscape, entrepreneurial spirit is thriving. Each day, more people are entering a sometimes unfamiliar world of intellectual property (IP). The USPTO is committed to explaining that world, and ensuring that current and future inventors, innovators, entrepreneurs, and business owners understand IP concepts. One way we are doing this is by creating a universal language to help describe these concepts via graphic design. By putting a visual mark on common intellectual property notions, we hope to help spread awareness about IP while engaging with the public.</font></p>
<p align="center"><img style="HEIGHT: 153px; WIDTH: 230px" border="0" hspace="0" alt="Drafting icons" src="http://www.uspto.gov/blog/director/resource/20150828_iconathon_029.jpg" width="230" align="baseline" height="153" /></p>
<p>Enter the <a href="http://www.uspto.gov/about-us/organizational-offices/office-under-secretary-and-director/intellectual-property-iconathon">USPTO Iconathon</a>, a workshop to create a set of icons that universally represent intellectual property. Partnering with the <a href="https://thenounproject.com/">Noun Project</a>, we called on students, civic activists, artists, and intellectual property enthusiasts to collaborate, brainstorm, and sketch designs. The result: <a href="https://thenounproject.com/USPTO/">19 new icons</a> that are now in the public domain, ready for use around the world.</p>
<p>To make the language universal, it was critical to include members of the public, not typically working in the intellectual property field, to create and select icons that would resonate with all stakeholders, including international audiences.</p>
<p><font face="Calibri">Sitting at round tables with sketchbooks and pencils, participants tackled concepts including <a href="https://thenounproject.com/term/infringement/201431/">infringement</a>, <a href="https://thenounproject.com/term/invention/201424/">invention</a>, <a href="https://thenounproject.com/term/pro-se/201423/">pro se</a>, <a href="https://thenounproject.com/term/patent-pending/201421/">patent pending</a>, <a href="https://thenounproject.com/term/stem/201437/">STEM</a>, <a href="https://thenounproject.com/term/trademark/201436/">trademark</a>, and <a href="https://thenounproject.com/term/counterfeit/201435/">counterfeit</a>. The workshop was an opportunity for us to consider each concept and discuss how to capture it as an image that would appeal to various audiences. This type of interaction is at the root of building a culture of open government and greater understanding of government actions.</font></p>
<p><font face="Calibri">At the conclusion of the workshop, all the sketches were displayed for workshop participants and intellectual property experts to review. After all the votes were in, the group discussed the strengths and weaknesses of each of the sketches.<br />Thank you to all the participants who joined us in Alexandria, Virginia on August 28. Your collective talent and experience yielded high-quality, well designed icons. </font></p>
https://www.uspto.gov/blog/director/entry/new_patents_petitions_timeline
New Patents Petitions Timeline
USPTO
2015-09-03T11:03:05-04:00
2015-10-08T11:41:50-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>People have asked us for more information on the patents petition process, and based on that input, I’m pleased to announce that the USPTO has developed a new <a href="http://www.uspto.gov/patents-application-process/petitions/timeline/uspto-petitions-timeline">Patents Petitions Timeline</a>. This new timeline gives you easy-to-use information in a single page on our website about petitions filed with the Office. Petitions (for example, to revive an application, for correction of inventorship, or to file a Track One request) can be submitted during each stage of the patent prosecution process, and the timeline provides applicants with information on each specific petition and deciding office, as well as information on both the historical grant rates and the pendency of decided petitions. </p>
<p>By supplying as much detailed information as possible at every stage of the patent prosecution process, our customers will be able to make more informed decisions on when and how to file a petition and who to contact with questions. Users can also click on each petition type to link directly to specific sections of the Manual of Patent Examining Procedure (MPEP) or other pages of the USPTO website. For example, if an applicant seeks to secure small entity status, the Patents Petitions Timeline contains a specific link for this type of filing to educate the applicant on the requirements contained in the MPEP for such a petition. Additionally, the applicant can see from the timeline that a small entity petition is pending on average for 89 days with a 100 percent grant rate.</p>
<p>The Patents Petition Timeline supports the USPTO’s <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative.html">Enhanced Patent Quality Initiative</a>, which strives to enhance the quality of our patent examination process while providing excellent customer service. The timeline also comes on the heels of another outreach project related to petitions—namely status updates on petitions data posted on our <a href="http://www.uspto.gov/corda/dashboards/patents/main.dashxml?CTNAVID=1009">Patents Dashboard</a>. And it’s another step towards increasing the transparency of the USPTO and making our data open and accessible to the public. We hope our users will find the Patents Petitions Timeline useful and informative, and we look forward to receiving your comments and suggestions, which you may send to <a href="http://www.uspto.gov/feedback?height=400&width=600&owner=Patents%20Petitions">Patents Petitions</a>.</p>
https://www.uspto.gov/blog/director/entry/ptab_update_proposed_changes_to
PTAB Update: Proposed Changes to Rules Governing PTAB Trial Proceedings
USPTO
2015-08-19T05:03:22-04:00
2015-08-25T13:43:29-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>When the Leahy-Smith America Invents Act of 2011 (AIA) created three new kinds of post-patent issuance review proceedings to be conducted by the Patent Trial and Appeal Board (PTAB), it also explicitly gave the USPTO broad regulatory authority to create and improve these new proceedings. As such, since we first issued rules and guidance for the proceedings in 2012, the agency has engaged the public and received extensive input through events like our <a href="http://www.uspto.gov/patents-application-process/appealing-patent-decisions/trials/ptab-aia-trial-roundtables">eight-city public listening tour</a> and <a href="http://www.uspto.gov/page/comments-trial-proceedings-under-america-invents-act-patent-trial-and-appeal-board">responses to our request for formal comments</a> last year. Based on this input, in March, we issued a first set of changes – or “quick fixes” – that were relatively simple in scope, and I promised that the agency would have a second package of more involved proposed rules ready to share with you this summer. So today, I am pleased to tell you about that promised set of additional proposed improvements (as further detailed in our <a href="https://www.federalregister.gov/articles/2015/08/20/2015-20227/rules-of-practice-for-trials-before-the-patent-trial-and-appeal-board-amendments">Federal Register Notice</a>) as well as share some key PTAB statistics to date, and detail some further opportunities for public input that are coming up. </p>
<p>First, by way of additional background, I wanted to share with you a few key statistics. The AIA created three new post-issuance review proceedings in 2011, which the PTAB practice rules govern: inter partes review (IPR); post-grant review (PGR); and the transitional post-grant review for covered business method patents (CBM). </p>
<p>While we have only three years’ worth of data at this point, the following provide a helpful picture of the significant activity occurring before the PTAB to date – and, in particular, how and by whom these proceedings are being used:</p>
<p>• As of July 31, 2015, the PTAB has received a total of 3,655 petitions, of which 3,277 are IPRs, 368 are CBMs, and 10 are PGRs. </p>
<p>• Of all of the AIA petitions filed so far, 63 percent were filed in the electrical/computer technology centers (TCs), 23 percent in the mechanical/business methods TCs, 9 percent in the bio/pharma TC, and 5 percent in the chemical TC. </p>
<p>• Trials have been instituted on 1,389 of 3,277 IPR petitions, 185 of 368 CBM petitions, and 2 of 10 PGR petitions. </p>
<p>• Of the first IPRs to reach a conclusion, 12 percent of total claims available to be challenged (4,496 of 38,462), were determined by the PTAB to be unpatentable in a final written decision. Other claims were either not challenged, resolved by settlement, cancelled, or upheld as patentable.Of the first IPRs to reach a conclusion, 25 percent of claims actually challenged (4,496 of 17,675) were found to be unpatentable. </p>
<p>More PTAB data and statistics (as of the end of July 2015) are available <a href="https://www.federalregister.gov/articles/2015/08/25/2015-21052/request-for-comments-on-a-proposed-pilot-program-exploring-an-alternative-approach-to-institution">here</a>. </p>
<p>Although the total number petitions filed to date reflect around three times more than what we initially anticipated, we are especially pleased that the PTAB has nonetheless maintained a perfect record in rendering all its final decisions within the mandated time frame of one year. (And without using the six-month “good cause” extension for any trial or employing the temporary safety-valve “cap” provided by Congress to decline further petitions.) We are also pleased that those final PTAB decisions that have been appealed to the U.S. Court of Appeals for the Federal Circuit (CAFC) have been affirmed at a very high rate. Taken together, the demand for these new proceedings (as reflected by the large number of filings) and the results we are seeing at the CAFC appear to indicate that the PTAB proceedings are succeeding in their Congressional mandate to effectively and efficiently resolve patent validity disputes, while providing timely, low-cost alternatives to district court litigation.</p>
<p>We recognize that, while we believe the proceedings are working well, there are improvements that could be made based on our and the public’s experiences with the proceedings. Along with the PTAB’s refinement and improvement of its proceedings that it has made through specific decisions, today’s proposed rules represent the next step in making improvements to these proceedings. In particular, the package of changes:</p>
<p>• Proposes to allow patent owners to include, with their opposition to a petition to institute a proceeding, new testimonial evidence such as expert declaration. This change responds to commentary raising concerns that patent owners are disadvantaged by current rules that let petitioners’ evidence go unanswered before a trial is instituted. </p>
<p>• Proposes a new requirement on practitioners before the PTAB, akin to the Rule 11 requirements in federal courts, to give the USPTO a more robust means with which to police misconduct. </p>
<p>• Proposes to clarify that the PTAB will use the claim construction standard used by district courts for patents that will expire during proceedings and therefore cannot be amended, while confirming the use of broadest reasonable interpretation (BRI) for all other cases. </p>
<p>• Notes the PTAB’s development of motions-to-amend practice through its own body of decisions, including a recent decision that clarified what prior art a patent owner must address to meet its burden of proof. </p>
<p>In addition, the proposed rulemaking in this Federal Register Notice also addresses comments made about requests for additional discovery, live testimony, and confidential information. </p>
<p>I encourage you to review the proposed rule package which addresses the comments provided to us during our listening tour and request for comments. We welcome your comments to our proposed rules, and ask that you submit them on or before October 19, 2015.</p>
<p>In addition to this current Notice, we are also considering issuing a request for comments related to the staffing of the PTAB panels for the institution phase of the proceedings shortly. Given the still-continuing rise in petitions being filed, the agency is seeking sensible ways to proactively manage its operations and resources by making these proceedings more efficient, while being fair and continuing to provide decisions of high quality. Please consider filing comments in this upcoming request. (Update: the request for comments on a pilot program has now been posted and is available <a href="https://www.federalregister.gov/articles/2015/08/25/2015-21052/request-for-comments-on-a-proposed-pilot-program-exploring-an-alternative-approach-to-institution">here</a>. Comments are due on October 26, 2015.)</p>
<p>And finally, in cooperation with the American Intellectual Property Law Association (AIPLA), we will conduct further public <a href="http://www.aipla.org/learningcenter/AIARoadShows/Pages/default.aspx">road shows</a> later this month to discuss these proposed rules and improvements to PTAB proceedings, continuing to gain your valuable feedback. The road shows, entitled “Enhancing Patent Quality and Conducting AIA Trials,” will be held: August 24th in <a href="http://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/uspto-co-hosts-cross-country-roadshows">Santa Clara, CA</a>, August 26th in <a href="http://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/uspto-co-hosts-cross-country-roadshows-0">Dallas, TX</a>, and August 28th at <a href="http://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/uspto-co-hosts-cross-country-roadshows-1">USPTO headquarters in Alexandria, VA</a>. Our goal is to issue final rules, based on the input we receive on these proposals, before the end of the year.</p>
<p>Thank you to all who provided feedback during our listening tours and/or request for comments. We are committed to working with you, now and in the future, to ensure that the PTAB proceedings are as effective and fair as possible within the Congressional mandate, and we look forward to continuing this productive partnership as we review and improve the PTAB trial proceedings to better meet your needs.</p>
https://www.uspto.gov/blog/director/entry/modernization_of_electronic_patent_application
Modernization of Electronic Patent Application Process
USPTO
2015-08-06T07:51:52-04:00
2015-08-06T07:51:52-04:00
<p><em>Guest Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Russ Slifer</em></p>
<p>I’m excited to let you know about one of our newest initiatives, eCommerce Modernization (eMod), which will improve the electronic patent application process by modernizing the filing and viewing systems. Development will start later this summer, with the initial pilot program anticipated to start in the summer of 2016. The new system will be implemented in phases over the next few years, and once completed, will replace our current EFS-Web, Public PAIR, and Private PAIR. </p>
<p>For patent applicants, eMod will help provide a simpler authentication process, improved functionality, and a more user friendly interface and documents. For patent examiners, the updated systems will streamline patent submission, review, and management processes, and increase accuracy of application processing and publication. Overall, a more easy to use electronic patent application process will improve efficiency, communication, and patent quality.</p>
<p>We want to hear from you as we proceed with modernizing our filing and viewing systems. We have already started receiving feedback from the IP community and the public, and are incorporating these suggestions into the development process. I encourage you to review the ideas that have already been submitted on our <a href="http://uspto-emod.ideascale.com/">Ideascale page</a> and vote or comment on them. You can also share your thoughts with us through our <a href="http://www.uspto.gov/patent/emod">eMod mailbox</a> or by attending one of our <a href="http://www.uspto.gov/about-us/events">outreach events</a>.</p>
<p>Find more information about eMod <a href="http://www.uspto.gov/patent/emod">on our website</a> , or contact us directly at <a href="mailto:eMod@USPTO.gov">eMod@USPTO.gov</a>. I will continue to share updates with you on eMod, as we work to make our patent application process as effective, efficient, and user friendly as possible.</p>
https://www.uspto.gov/blog/director/entry/25th_anniversary_of_the_americans
25th Anniversary of the Americans with Disabilities Act
USPTO
2015-07-27T11:15:27-04:00
2015-07-27T11:15:27-04:00
<p><em>Guest Blog by Director of the Office of Equal Employment Opportunity and Diversity Bismarck Myrick</em></p>
<p>At the United States Patent and Trademark Office, (USPTO) we derive our strength from the vast array of backgrounds and experiences of our employees, including those with disabilities. We are proud to be one of the most diverse workforces in the federal government, ranked the #2 best place to work in the federal government for employees with disabilities as well as the #2 place to work overall in the agency subcomponents class by the Partnership for Public Service in 2015. On the 25th Anniversary of the ADA, it is important to re-dedicate ourselves to providing equality of opportunity and to eradicating myths, fears, and stereotypes about people with disabilities.</p>
<p>The USPTO takes an innovative approach to accessibility in the workplace. In August 2014, we deployed an online, self-service system called <a href="https://uspto.entellitrak.com/etk-pto-ra-prod/login.request.do?service=%2Fhome.do">Accommodation Point</a>, which initiates and manages reasonable accommodation requests from employees and job applicants with disabilities. The system makes requesting, evaluating, and deploying requests for reasonable accommodations easier and more efficient. This is a unique system within the federal government, and the only system known to be in use by a federal agency that allows job applicants to easily and electronically request an accommodation needed for pre-hiring situations, such as a sign language interpreter or wheelchair escort during job interviews.</p>
<p>According to the most recent U.S. Census Bureau data, 1 in 5 Americans had a disability, and 1 in 10 had a severe disability that substantially limits one or more basic life activities. The most recent study on disability employment, the <a href="https://kesslerfoundation.org/kfsurvey15">Kessler Foundation 2015 National Employment and Disability Survey</a>, showed that the most requested accommodation for people with disabilities in the workplace is a flexible schedule or the ability to work from home. At the USPTO, our employees are able to take advantage of these benefits regardless of disability status.</p>
<p>The USPTO sees hiring disabled employees as a smart business decision. The USPTO relies on a highly trained, specialized workforce to carry out our mission to protect innovation in the United States and provide global leadership in intellectual property policy. The USPTO recognizes that people with disabilities are an incredibly important talent pool that goes underutilized.</p>
<p>Both in the private and public sectors, people with disabilities in the workplace tend to go underreported and under-accommodated. Oftentimes, employees with disabilities do not come forward with requests until their performance has been significantly affected and their jobs are in jeopardy. The reason for this hesitance is varied, from employee fear that an accommodation will negatively impact their organization to pre-existing negative attitudes in the workplace regarding disability. Sometimes, employees will not request an accommodation because they perceive the process to be a greater inconvenience than the lack of accommodation.</p>
<p>The key is to empower employees to understand how and when to request an accommodation so that they can continue to perform at an acceptable level before a major problem arises. <a href="https://uspto.entellitrak.com/etk-pto-ra-prod/login.request.do?service=%2Fhome.do">Accommodation Point</a> at the USPTO helps facilitate this, and provides employees and prospective employees with disabilities the tools and resources they need to excel in their positions and contribute to the agency’s mission. To learn more, visit the <a href="http://www.uspto.gov/about-us/organizational-offices/office-equal-employment-opportunity-and-diversity/accommodations-job">Office of Equal Employment Opportunity and Diversity page</a> of the USPTO website.</p>
https://www.uspto.gov/blog/director/entry/joint_communique_between_u_s
Joint Communique Between U.S. and Brazil on Patent Work Sharing
USPTO
2015-07-20T12:29:32-04:00
2015-07-20T12:29:32-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>Under the U.S.-Brazil Commercial Dialogue IPR working group, the U.S. Patent and Trademark Office (USPTO) and the Brazilian National Institute of Industrial Property (INPI) have a long history of working together to exchange best practices aimed at capacity building and reducing each country’s patent backlogs. During President Rousseff’s visit to the United States on June 30, Commerce Secretary Penny Pritzker and the Brazilian Minister of Development, Industry & Foreign Trade (MDIC) Armando Monteiro signed a <a href="http://www.uspto.gov/sites/default/files/documents/VI.%20U.S.-Brazil%20Joint%20Statement%20on%20Patent%20Work%20Sharing.pdf">Joint Statement on Patent Work Sharing</a>. This agreement is part of broader government-wide efforts to expand trade and investment with Brazil and is something the private sector has been urging both governments to adopt for some time. The USPTO’s Office of Policy and International Affairs (OPIA) and the International Trade Administration’s Brazil Desk facilitated the completion of this Joint Statement. </p>
<p>The Joint Statement emphasizes the importance and value of work sharing to improve efficiency in the patent application process—a benefit to patent applicants as well as patent offices. For applicants, work sharing facilitates the granting of patent rights and reduces the cost of obtaining patent protection in multiple jurisdictions. For patent offices, work-sharing mechanisms are effective in grappling with increased workload demands, leading to improved efficiencies in patent examination practice. More broadly, patent work sharing will help boost the economic growth and development of both the United States and Brazil.</p>
<p>At the White House, President Obama and Brazilian President Rousseff issued a <a href="https://www.whitehouse.gov/the-press-office/2015/06/30/joint-communique-president-barack-obama-and-president-dilma-rousseff">Joint Communique</a> which specifically referenced the Joint Statement, and recognized each country’s work sharing potential. The Joint Communique is an important milestone for the USPTO. It emphasizes the importance of intellectual property in bilateral discussions with partner nations, while highlighting the central role OPIA serves in providing expert IP advice to the various branches of the U.S. government, as well as the patent offices of foreign governments. </p>
<p>Pursuant to the goals outlined in the Joint Statement, OPIA is now working closely with counterpart officials in the Brazilian patent office -- the National Institute of Intellectual Property (INPI) -- to establish a technical framework for a future patent work-sharing program between the two offices. We hope to finalize an agreement on such a work-sharing program by the end of summer.</p>
https://www.uspto.gov/blog/director/entry/uspto_offering_expedited_patent_appeals
USPTO Offering Expedited Patent Appeals
USPTO
2015-07-14T05:23:17-04:00
2015-07-14T05:23:17-04:00
<p><em>Guest Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Russ Slifer</em></p>
<p>The USPTO recently launched a new pilot program that will allow appellants with multiple ex parte appeals pending before the Patent Trial and Appeal Board (PTAB) to expedite review of one appeal in return for withdrawing another appeal. This pilot program—a first for the PTAB—offers several advantages while being simple to use. </p>
<p>The Expedited Patent Appeal Pilot is designed to allow appellants having multiple ex parte appeals currently pending to have greater control over the priority with which their appeals are decided. It also serves to reduce the backlog of appeals pending before the PTAB. Additionally, this pilot program will permit an appellant having multiple appeals pending to accelerate the PTAB’s decision on an appeal involving an invention of greater importance to the appellant.</p>
<p>Appeals to the PTAB are normally taken up for decision in the order in which they are docketed. The current average pendency of an ex parte appeal at the PTAB is approximately 30 months. An appeal that is accorded special status under the Expedited Patent Appeal Pilot Program will be advanced out of turn for a decision on the appeal. The goal of the pilot is to render a decision on the appeal accorded special status no later than six months from the date of filing of the petition. Thus, participation in the pilot could save up to 2 years in wait time for a decision on an appeal.</p>
<p>Appellants wishing to participate in the pilot program need only make a certification and file a petition to the Chief Judge. We have waived the petition fee and provided a form-fillable PDF (Form PTO/SB/438) for use in filing the certification and petition. Although an application having no allowed claims becomes abandoned upon withdrawal of an appeal, applicants are permitted under the pilot program to file a Request for Continued Examination (RCE) in the application of the appeal sought to be withdrawn to continue prosecution and avoid abandonment of that application.</p>
<p>As well as the Expedited Patent Appeal Pilot, the USPTO is working on other initiatives to reduce the ex parte appeal backlog, which the agency will release soon. The PTAB continues to hire administrative patent judges, patent attorneys, and paralegals. In addition, the PTAB is starting a law clerk fellowship pilot program and is identifying further ways to provide more support to administrative patent judges to increase efficiency.</p>
<p>For more information about the Expedited Patent Appeal Pilot and how to participate, please refer to the <a href="https://www.federalregister.gov/articles/2015/06/15/2015-14754/expedited-patent-appeal-pilot">Federal Register</a> and the <a href="http://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/expedited-patent-appeal-pilot">Expedited Patent Appeal Pilot</a> section of the USPTO website.</p>
https://www.uspto.gov/blog/director/entry/update_on_our_enhanced_patent
Update on our Enhanced Patent Quality Initiative
USPTO
2015-07-13T06:09:08-04:00
2015-07-13T06:09:08-04:00
<p><em>Guest blog by Deputy Commissioner for Patent Quality Valencia Martin Wallace</em></p>
<p>I am encouraged that we have received more than 1,100 comments and suggestions about our <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative.html">Enhanced Patent Quality Initiative</a> in response to our Federal Register notice, internal Patents Forums, and <a href="http://www.uspto.gov/patent/initiatives/patent-quality-summit">Patent Quality Summit</a>. We have taken the ideas and suggestions you provided and are making improvements in all aspects of patent quality. </p>
<p>The USPTO is committed to providing the most current and robust training for our patent examiners. In view of the U.S. Supreme Court’s recent decisions in Alice Corp., Myriad, and Mayo, we are now offering our examiners additional training on <a href="http://www.uspto.gov/blog/director/entry/guidance_on_subject_matter_eligibility">subject matter eligibility and claim clarity issues</a> related to 35 U.S.C. § 101 and § 112. We are also further enhancing our training for patent examiners on search skills and the interviewing process.</p>
<p>In order to streamline our patents organization, we have consolidated the Office of Process Improvement, Office of Patent Quality Assurance, Office of Patent Training, and Office of Patents Ombudsman and Stakeholder Outreach into our newly created Office of Quality Management. I am confident this will also improve oversight and coordination of our quality processes.</p>
<p>We continue to provide helpful resources for the public, and recently launched a monthly “Patent Quality Chat” webinar series. The topic of our first webinar on June 9 was clarity of the record, our next webinar on July 14 will focus on in-person patent examiner interviews, and our August 11 webinar will discuss measuring patent quality. For those of you who were not able to tune into the clarity of the record webinar, you can view the <a href="http://www.uspto.gov/sites/default/files/documents/Q%20Chat%206_9_2015%20FINAL.pdf">PowerPoint slides</a> and <a href="http://helix-1.uspto.gov/player/20150609_PatentQuality.html">recording</a> on the <a href="http://www.uspto.gov/patent/initiatives/patent-quality-chat">Patent Quality Chat page</a> of the USPTO website. Be sure to check our <a href="http://www.uspto.gov/about-us/events">online events calendar</a> for more details on upcoming webinars and other events.</p>
<p>To better serve patent applicants, practitioners, and stakeholders, we are offering expanded business hours to contact our <a href="http://www.uspto.gov/patent/ombudsman-program">Patents Ombudsman</a> in our <a href="http://www.uspto.gov/about-us/uspto-office-locations">regional offices</a>. I encourage you to take advantage of this program, which assists applicants or their representatives with issues that arise during patent application prosecution. The ombudsman representatives help improve communication between the applicant and examiner, more quickly address issues that arise during prosecution, and reduce unnecessary delays during the process.</p>
<p>Finally, we will be embarking on a Patent Quality Roadshow this summer to update our stakeholders about our efforts and to hear your thoughts. The roadshow will visit Silicon Valley on August 24, Dallas on August 26, and Alexandria on August 28.</p>
<p>The USPTO is dedicated to issuing the highest quality patents possible. We hear you, we thank you, and we will continue to update you on our progress on our <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative.html">Enhanced Patent Quality Initiative</a>.</p>
https://www.uspto.gov/blog/director/entry/update_on_our_regional_offices
Update on our Regional Offices
USPTO
2015-06-30T09:56:06-04:00
2015-06-30T10:01:19-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>It’s an exciting time for our four regional offices as we are reaching entrepreneurs across the country, hiring new patent examiners and judges, and getting ready to open our permanent office space in Dallas and Silicon Valley later this year. In addition, June 30 marks the one-year anniversary of our Rocky Mountain Regional Office in Denver and July 12th marks the three-year anniversary of the Elijah J. McCoy Regional Office in Detroit.</p>
<p>We’re increasingly excited to cut the ribbon at the permanent space for our <a href="http://www.uspto.gov/about-us/uspto-locations/dallas-texas">Texas Regional Office in Dallas</a> later this year. We’ll be located in the <a title="Terminal Annex Federal Building" href="http://www.uspto.gov/news/pr/2012/12-70.jsp">Terminal Annex Federal Building</a>, a prime location in Downtown Dallas. We’re currently reviewing applications for a Regional Director for the Dallas office, who will be responsible for general oversight of the office as the most senior ranking official representing the USPTO. Later this summer, we will be advertising for patent examiner positions in Dallas. These will be posted on <a href="http://www.usajobs.gov/">www.usajobs.gov</a>, so please help spread the word.</p>
<p>We continue to participate in high profile events such as Dallas’s first <a title="Startup Weekend Women's Edition" href="http://www.up.co/communities/usa/dallas/startup-weekend/5911">Startup Weekend Women's Edition</a>, at which several of our top USPTO leaders spoke in late May. On July 12, Deputy Director Russell Slifer will open the second annual <a title="National Summer Teacher Institute on Innovation, STEM, and Intellectual Property" href="http://www.uspto.gov/learning-and-resources/outreach-and-education/national-summer-teacher-institute-innovation-stem-and">National Summer Teacher Institute on Innovation, STEM, and Intellectual Property</a> at the University of Texas in Dallas. This multi-day professional development training opportunity is designed to help middle and high school teachers incorporate concepts of making, inventing, and intellectual property creation and protection into classroom instruction. On August 7-8, the USPTO, the Dallas Entrepreneur Center, and Southern Methodist University (SMU) are sponsoring the Dallas Entrepreneur Conference, which will be held at SMU’s Dedman School of Law in Dallas. The event will provide resources to help entrepreneurs protect their intellectual property and grow their businesses.</p>
<p>With the <a title="West Coast Regional Office in Silicon Valley" href="http://www.uspto.gov/about-us/uspto-locations/silicon-valley-california">West Coast Regional Office in Silicon Valley</a> opening later this year in San Jose, hiring for the office is a key priority. In March, the office held a livestreamed <a title="recruitment webinar" href="http://www.uspto.gov/patent/contact-patents/usptojobsca-silicon-valley-recruitment-webinar">recruitment webinar</a> in cooperation with the office of U.S. Representative Zoe Lofgren, where a panel of USPTO patent examiners discussed their careers, sharing their personal experiences and taking questions from prospective candidates. As a follow up, we recently held a series of recruitment events across the region to search for top talent. We are seeking patent examiners in the fields of <a title="electrical engineering" href="https://www.usajobs.gov/GetJob/ViewDetails/404567900">electrical engineering</a>, <a title="computer engineering" href="https://www.usajobs.gov/GetJob/ViewDetails/404567000">computer engineering</a>, and <a title="mechanical engineering" href="https://www.usajobs.gov/GetJob/ViewDetails/404559000">mechanical engineering</a>, and are also hiring <a title="PTAB judges for all of our regional offices" href="https://www.usajobs.gov/GetJob/ViewDetails/406508200">PTAB judges for all of our regional offices</a>. You can learn more about the role of an administrative patent judge by watching our <a title="video series" href="http://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/information-about-being-administrative">video series</a>. </p>
<p>Over the last few months, the Silicon Valley office has been active in outreach efforts with organizations including the San Francisco Economic Development Council, Maker Faire Bay Area, Licensing Executives Society, and IP law associations across the region. The office is actively engaging with startups and incubators, providing technology focused and industry specific workshops and presentations. Further, in June, the office worked with the USPTO’s <a title="IP Attaché program" href="http://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-ip-attach-program">IP Attaché program</a> to hold outreach meetings in San Diego and Los Angeles. The purpose of these meetings was to hear directly from stakeholders about their international IP-related concerns and challenges, and how the IP Attaché Program can help. Read more in a <a title="recent post to this blog" href="http://www.uspto.gov/blog/director/entry/ip_attach%C3%A9_program_outreach_in">recent post to this blog</a>.</p>
<p>It has been a busy year since the <a title="Rocky Mountain Regional Office in Denver" href="http://www.uspto.gov/about-us/uspto-locations/rocky-mountain-regional-office-colorado.html">Rocky Mountain Regional Office in Denver</a> opened in June 2014, a one-stop shop for innovators in the region. It is currently operating with 80 patent examiners and eleven Patent Trial and Appeal Board (PTAB) judges. Under the direction of interim Regional Director Robin Evans, the Denver office has been working with important industries in the region such as clean tech and biotech and organizations such as the Denver Mini-Maker Fair, Rocky Mountain IP Institute, and SXSW V2V. On April 2, the Metro Denver Economic Development Corporation awarded its Metropolitan Cooperation Award to individuals whose collective work resulted in the selection of Denver as a USPTO office location, and Deputy Director Russell Slifer and Senator Bennett accepted the award, demonstrating the office’s strong connection with the community.</p>
<p>The Rocky Mountain office also helped spearhead the recent expansion of the USPTO’s <a title="Patent Pro Bono" href="http://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/patent-pro-bono-program">Patent Pro Bono</a> program to Colorado, in conjunction with the Colorado Bar Association Intellectual Property Section and the Mi Casa Resource Center. The Colorado Pro Bono Patent Initiative, or the ProBoPat program, seeks to connect low income Colorado inventors with Colorado patent professionals for patent preparation and prosecution legal services on a pro bono or significantly reduced-fee basis.</p>
<p>In April, I had the chance to visit the <a title="Elijah J. McCoy Regional Office in Detroit" href="http://www.uspto.gov/about-us/uspto-locations/detroit-michigan">Elijah J. McCoy Regional Office in Detroit</a>, Michigan, our first regional office. We are operating with ten PTAB judges and more than 120 patent examiners. I enjoyed speaking to entrepreneurs and startups throughout my trip, including at the Detroit Techweek LAUNCH competition and entrepreneurship summit. Christal Sheppard, the Regional Director of the Detroit office, joined me for a roundtable on patent innovation with Senator Gary Peters, Congressman John Conyers, and Congresswoman Debbie Dingell, where we discussed intellectual property issues impacting the region and how we can work together to promote economic growth. The Detroit office continues to actively engage with the innovation community, as well as hold Saturday seminars, which are free events open to the public.</p>
<p>I look forward to updating you again in a few months about more exciting developments with our regional offices, including the grand openings of our permanent offices in Dallas and Silicon Valley. USPTO regional offices help protect American innovation and competitiveness, and we are dedicated to providing services to entrepreneurs, inventors, and small businesses, while actively engaging communities and local industries.</p>
https://www.uspto.gov/blog/director/entry/ip_attach%C3%A9_program_outreach_in
IP Attaché Program Outreach in San Diego and Los Angeles
USPTO
2015-06-26T06:27:16-04:00
2015-07-09T05:09:22-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>USPTO IP attachés provide valuable assistance to U.S. stakeholders doing business overseas by advising them on intellectual property matters including protection, enforcement, use and licensing. Last month, the IP Attaché Program conducted a set of outreach meetings in San Diego and Los Angeles. In these meetings, the USPTO engaged in an interactive dialogue with a wide variety of stakeholders, explaining how the IP Attaché Program works, and identifying more ways for IP attachés to address stakeholders’ needs.</p>
<p>The IP Attaché Program is overseen by USPTO’s Office of Policy and International Affairs (OPIA). The attachés are intellectual property experts who serve as diplomats in our embassies and consulates overseas to advocate U.S. positions on intellectual property matters for the benefit of U.S. stakeholders. The program currently has 11 attachés based in Rio de Janeiro, Moscow, New Delhi, Beijing, Guangzhou, Shanghai, Bangkok, Mexico City, Kuwait City, and Geneva, and they work closely with teams of specialized patent, trademark, copyright, and enforcement attorneys in OPIA. In August, we will be posting our first attaché in Brussels, who will be working with the European Commission and EU Member states.</p>
<p>Participants in the May meetings included senior representatives of industry associations, legal associations, law schools, IP practitioners, and U.S. companies. IP attachés based in Brazil, Russia, India, China, Mexico and Kuwait, as well as Dom Keating, the IP Attaché Program Director, addressed questions on topics including counterfeiting, piracy, and patent, trademark and copyright protection overseas. The IP attachés also spoke in sessions of the International Trademark Association (INTA) Annual Meeting. </p>
<p>If you would like the assistance of an IP attaché, you can contact him or her directly using the contact information listed on the <a href="http://www.uspto.gov/learning-and-resources/ip-policy/intellectual-property-ip-attach-program">IP Attaché pages</a> of the USPTO website. We look forward to holding additional IP Attaché Program public outreach meetings in the future.</p>
https://www.uspto.gov/blog/director/entry/farewell_from_uspto_s_commissioner
Farewell from USPTO’s Commissioner for Patents
USPTO
2015-06-23T07:03:32-04:00
2015-06-23T07:03:32-04:00
<p><em>Guest blog by Commissioner for Patents Peggy Focarino</em></p>
<p>As many of you know, I will be retiring from the USPTO at the end of the month after 38 years of service. I started my career here as a patent examiner in 1977, a few months after I graduated from college. At that time my goal was to become a Primary Examiner - I never dreamed I would rise through the ranks and have the opportunity to serve as Commissioner for Patents. I’m so honored to have had this job, and I feel privileged to have worked here at the USPTO over the years with so many talented colleagues.</p>
<p>As I prepare to leave the office, I’ve had some time to reflect on my career here – where I’ve spent nearly two thirds of my life – and to think about my colleagues and the values they represent. </p>
<p>It’s been an honor and pleasure to work with such a wonderfully diverse group of people. That diversity is part of our strength, and it is so gratifying to have watched it grow to a level I could never have imagined back in 1977. We have accomplished so much over the years by working together – and I believe the agency has never been stronger.</p>
<p>I’m grateful to Under Secretary Michelle Lee for the confidence she has placed in me and her collaborative leadership style in continuing to move the agency forward. I know the USPTO will continue to achieve great things under her inspired leadership.</p>
<p>I’m confident that with the addition of Deputy Under Secretary Russ Slifer to the team, the agency is poised to continue on a path of excellence in the quality of the products and services we provide.</p>
<p>I want to personally thank all the members of my staff for their dedication and support over the last several years. I could not have survived without them!</p>
<p>And finally, I want to wish everyone at the USPTO the best of success as you continue your vital work for the agency – and our great country.</p>
https://www.uspto.gov/blog/director/entry/addressing_ip_rights_issues_in
Addressing IP Rights Issues in China
USPTO
2015-06-09T10:24:45-04:00
2015-06-10T12:27:51-04:00
<p><font face="Calibri"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></font></p>
<p><font face="Calibri">It was clear during my recent trip to Beijing, China, that the timing for the visit could not have been better. China is at a crossroads in its economic evolution, and as such governmental officials are considering changes to every aspect of intellectual property law. After a series of high-level meetings, what was clear to both me and my China team—led by Senior Counsel Mark Cohen—was an increased recognition in China of the value of IP to the nation’s economic ambitions. It is through a mutual respect for the importance of IP rights and protections that U.S. companies will be able to fully and successfully compete in the Chinese market.</font></p>
<p><font face="Calibri">From May 25th to the 27th, I met with senior leaders across China’s IP landscape, <a href="https://twitter.com/uspto/status/603215033162702848">starting with Vice Premier Wang Yang</a>. The Vice Premier stated quite clearly that China aspires to be an innovation-based economy. China is no longer content with manufacturing goods invented by others, he and other leaders said, as the country aims to move up the economic value chain and compete in the global marketplace of inventors. As such, we were told that China recognizes that improving IP rights and enforcement is not just in the interest of the U.S., it is also in the interest of China. We heard this not just from the Vice Premier but in meetings with China’s <a href="https://twitter.com/uspto/status/603561437957599232">State Intellectual Property Office (SIPO)</a>, the <a href="https://twitter.com/uspto/status/603621826019852288">Ministry of Commerce (MofCOM)</a>, the <a href="https://twitter.com/uspto/status/603636891792056320">State Administration for Industry and Commerce (SAIC)</a>, the <a href="https://twitter.com/uspto/status/603606647651606530">National People’s Congress (NPC)</a>, and the Supreme <a href="https://twitter.com/uspto/status/603977199448915968">People’s Court (SPC)</a>.</font></p>
<p><font face="Calibri">Much progress needs to be made in China in all forms of IP law, from patents and trademarks, to copyrights and trade secrets. I made clear in my meetings that we seek to work with China to develop a market-oriented, business-driven innovation environment that allows businesses the freedom to license and contract as conditions warrant. Those businesses need to be free from governmental interference in an environment comprising transparency and rule of law. Already assisting U.S. businesses in China are three USPTO IP attachés, including Beijing-based Joel Blank, who was part of my delegation.</font></p>
<p><font face="Calibri">We discussed with our counterparts China’s new IP specialized courts, offering input on how to ensure this reform guarantees justice for IP owners. We pushed for reforms to ensure effective protection and enforcement of trade secrets that would include revisions to its criminal law. We emphasized the need for increased protection for copyright and trademark owners while recognizing the importance of reforms already enacted, offering feedback on further reform efforts being discussed in China on those issues. And we did so, in each case, by emphasizing how these changes would be mutually beneficial for both countries.</font></p>
<p><font face="Calibri">I also had the unique opportunity to meet with U.S. industry representatives while in Beijing. It’s invaluable to hear about the IP challenges and issues faced by those “on the ground,” and to discuss the ways in which the U.S. government can help them.</font></p>
<p><font face="Calibri">This visit built on a successful trip by Deputy Director Russell Slifer to the IP5 Heads meeting in Suzhou, China, a week earlier. Along with signing a Memoranda of Cooperation with the <a href="http://www.uspto.gov/about-us/news-updates/uspto-and-kipo-sign-memorandum-cooperation-collaborative-search-pilot">Korean IP Office</a> and the <a href="http://www.uspto.gov/about-us/news-updates/uspto-and-jpo-sign-memorandum-cooperation-collaborative-search-pilot">Japanese Patent Office</a>, Deputy Director Slifer met with SIPO Commissioner Shen Changyu. Deputy Director Slifer and I <a href="https://twitter.com/uspto/status/590624477291139075">had just hosted Commissioner Shen at the USPTO</a> in April, and I had a productive meeting with him on this recent trip.</font></p>
<p><font face="Calibri">During that meeting, I <a href="https://twitter.com/uspto/status/603576637557501952">signed a Memorandum of Understanding</a> with Commissioner Shen that commits the USPTO and SIPO to a general framework of bilateral cooperation. We both committed to educational programs on how best to protect patents in each country’s legal system, and could organize activities related to USPTO programs such as the Patent Prosecution Highway and the Global Dossier initiative. SIPO and the USPTO process more patent applications than any of the other IP offices in the world, and I am encouraged by the furthering of our agencies’ collaboration.</font></p>
<p><font face="Calibri">As evidence of this collaboration, SIPO also participated in a cause close to my heart. On May 25, I gave a <a href="http://globalcenters.columbia.edu/beijing/content/uspto-director-michelle-k-lee-shares-perspectives-stem-education-and-careers-21st-century">speech at Columbia University's East Asia Center in Beijing</a> to an audience of 60 people, mostly women between the ages of 25 and 40, on the importance of women in STEM (science, technology, engineering, and mathematics) fields. A representative from SIPO echoed my remarks, and emphasized the link between a strong STEM education system and an innovative society.</font></p>
<p><font face="Calibri">Engagement with SIPO—and Chinese policymakers more broadly—will continue later this year with the next meeting of the U.S.-China Joint Commission on Trade and Commerce that I co-chair with Deputy U.S. Trade Representative Robert Holleyman. This trip helped lay the groundwork for that very important bilateral trade dialogue, in which IP is a top priority. We’re moving forward on plans for that meeting with a commitment to continue to encourage China’s evolution to an innovative economy that increasingly respects and promotes IP rights.</font></p>
https://www.uspto.gov/blog/director/entry/reduced_trademark_filing_and_renewal
Reduced Trademark Filing and Renewal Fees
USPTO
2015-05-29T07:20:44-04:00
2015-05-29T07:20:44-04:00
<p><em>Guest Blog by Mary Boney Denison, Commissioner for Trademarks</em><br /> <br />The USPTO is dedicated to serving the public in the most efficient and cost-effective manner possible. In January 2015 we implemented reduced trademark application and renewal fees. Lower fees lessen the burden for entrepreneurs and small businesses to obtain the crucial trademark protection they need to grow their businesses, while increased electronic processing enhances the USPTO’s efficiency of examination.<br /><br />An important part of the USPTO’s mission is to optimize trademark quality and timeliness. Our Trademark Electronic Application System (TEAS) allows easy electronic filing by applicants. Since January 17, a new reduced trademark application filing fee option, TEAS Reduced Fee (TEAS RF), has been available to the public. This new filing option promotes electronic communication and application processing while giving applicants more flexibility in identifying their goods and services. With the TEAS RF option, applicants pay a reduced fee if they agree to two-way electronic communication throughout the process. This option has proven to be popular with the majority of trademark filers. In addition to introducing TEAS RF, we’ve also reduced the TEAS Plus initial application fee and reduced the fee to renew a trademark registration electronically. Visit the <a href="http://www.uspto.gov/trademarks-application-process/filing-online/reduced-fees-teas-application-filing-options">Trademarks page</a> of the USPTO website for specific information on the reduced fees. <br /><br />Prior to January 17, the electronic trademark application options consisted of a TEAS “regular” application and a lower-cost TEAS Plus application with stricter filing requirements, introduced to encourage end-to-end electronic processing of applications. While these options did increase the number of applicants submitting initial applications electronically, approximately 20 percent of applicants were still filing subsequent documents on paper. We conducted outreach to determine what specifically discouraged filers from filing electronically. I personally called many of the firms which did not, or rarely file completely electronically in order to get an idea of what we could do to encourage end-to-end electronic filing. The feedback we received led us to add the TEAS RF option and reduce the TEAS Plus fee and trademark registration fee.<br /><br />Since introducing the reduced fees in January, TEAS “regular” applications have dropped while TEAS RF filings have increased. The increase in online filing is beneficial to the USPTO’s workflow processes, data collection, and file management, while supporting our objective of end-to-end electronic processing of applications. We will continue to engage with the public to identify ways to streamline our processes, lessen the financial burden on applicants, and efficiently process trademark applications.</p>
https://www.uspto.gov/blog/director/entry/uspto_assistance_for_independent_inventors
USPTO Assistance for Independent Inventors and Small Businesses
$entry.creator.screenName
2015-05-20T06:02:18-04:00
2015-05-20T06:02:18-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>Helping small businesses and independent inventors with limited resources is an important goal of the USPTO, and supports the Obama administration’s commitment to leveling the playing field for all American workers and businesses. Despite comprising only 1 percent of all businesses, entrepreneurs and small business owners have generated more than 65 percent of new jobs over the last two decades and start-ups in high-tech hubs account for more than 40 percent of new jobs each year (<a href="https://www.sba.gov/sites/default/files/FAQ_March_2014_0.pdf">Small Business Administration, May 2014</a>). The USPTO has several free or reduced fee programs to assist independent inventors and small businesses in securing patent protection for their inventions: the Patent Pro Bono Program, Pro Se Assistance Program, and Certified Law School Clinic Program. </p>
<p>First, through the Patent Pro Bono Program, the USPTO partners with non-profit organizations and law schools to establish regional programs throughout the country. By working with their regional patent pro bono program, under-resourced independent inventors and small businesses may secure free legal representation to help them file and prosecute patent applications. Each regional program has certain requirements that independent inventors and small businesses must meet. In general, an independent inventor or small business need only show income in a certain range, some knowledge about the patent system, and possession of an invention and not just an idea.</p>
<p>After ascertaining that the eligibility criteria are met, the regional pro bono program matches independent inventors and small businesses with volunteer patent attorneys to provide them assistance. To date, patent pro bono programs are available in 49 states with nationwide coverage coming this year. Visit the <a href="http://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono">Patent Pro Bono Program</a> on our website to learn more, or to volunteer to help an under-resourced independent inventor or small business.</p>
<p>Second, the USPTO recognizes that many independent inventors and small businesses file patent applications without the assistance of a registered patent attorney or agent—also known as "pro se" filing. The USPTO has tools to assist pro se filers with this process, as well as a dedicated team available to answer filing questions. To learn more, visit the <a href="http://www.uspto.gov/patents-getting-started/using-legal-services/pro-se-assistance-program">Pro Se Assistance Program</a> page of our website.</p>
<p>Third, the USPTO has partnered with 45 law schools to offer programs through which law students draft and file either patent applications or trademark applications for clients under the supervision of law school faculty. Since its inception, over 1,850 law students have participated in the program and have filed more than 340 patent applications and more than 1,125 trademark applications for clients. Information about requesting free legal services through a participating law school clinic is available <a href="http://www.uspto.gov/learning-and-resources/ip-policy/public-information-about-practitioners/law-school-clinic-1">on our website</a>.</p>
<p>Another advantage that the USPTO offers for independent inventors is reduced fees for “micro entities” and “small entities.” If you meet the micro-entity requirements, you are eligible for a 75 percent reduction on most fees, and small entity status offers a 50 percent fee reduction. View the full <a href="http://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule">USPTO fee schedule</a>.</p>
<p>All of these resources and programs will be discussed in more detail during a <a href="http://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/uspto-webinar-patent-pro-se-pro-bono-and-law.html">free webinar</a> on Thursday, May 21, 2015, from 2:00 PM to 5:00 PM ET. USPTO experts will explain these free and reduced fee resources and inform independent inventors and small business about how to secure legal representation to better navigate the patent system. It’s a great chance to learn if any of these programs might help you and hear answers to your questions. </p>
<p>The Patent Pro Bono Program, Pro Se Assistance Program, and Law School Certification Clinic Program, along with our discounted fee programs, serve vital roles in the marketplace of innovation. They ensure all creators benefit from their intellectual property and in turn that society can benefit from their inventions. I hope you will participate in the webinar and take advantage of these programs to protect your inventions.</p>
https://www.uspto.gov/blog/director/entry/redesigned_and_updated_patents_dashboard
Redesigned and Updated Patents Dashboard
$entry.creator.screenName
2015-05-19T11:04:01-04:00
2015-05-19T11:04:01-04:00
<p><em>Guest blog by Commissioner for Patents Peggy Focarino</em></p>
<p>In direct response to feedback we’ve received from the public, we have updated our online <a href="http://www.uspto.gov/dashboards/patents/main.dashxml">Patents Dashboard</a>. The Patents Dashboard is one of <a href="http://www.uspto.gov/about-us/performance-and-planning/data-visualization-center">several tools</a> the USPTO makes available to the public to track our progress in areas such as pendency, quality and timeliness. </p>
<p>The new dashboard provides information on major metrics with sub-pages organized by topic. A considerable amount of additional data has been added that relates to designs, petitions, after final responses, amendment turnaround, patent term adjustment, and other pendency metrics and filing information. One new feature of the updated dashboard is a “statistic of the quarter.” The statistic we are featuring this quarter shows the impact of recent court decisions by comparing the allowance rate for business methods, biologics and diagnostic methods and the overall allowance rate.</p>
<p>Much of the data, including the statistic of the quarter and petitions and patent term adjustment, is being provided to the public for the first time, and in response to public requests for it. We are releasing the data as part of our continuing efforts to be open and transparent about our operations and to provide useful information to our stakeholders in a timely manner. These updates also directly support our <a href="http://www.uspto.gov/patent/initiatives/enhanced-patent-quality-initiative">Enhanced Patent Quality Initiative</a>.</p>
<p>We hope our users will find these <a href="http://www.uspto.gov/dashboards/patents/main.dashxml">new dashboard updates</a> useful and informative and we welcome your comments and suggestions about them. Please send comments and suggestions to <a href="mailto:patentsdashboard@uspto.gov">patentsdashboard@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/attend_a_patent_public_advisory
Attend a Patent Public Advisory Committee Meeting
USPTO
2015-05-13T12:45:10-04:00
2015-08-19T08:49:45-04:00
<font face="Calibri">
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>Input from the public is invaluable to us so we can best serve the needs of our innovation community. To this end, our <a href="http://www.uspto.gov/about-us/organizational-offices/public-advisory-committees/patent-public-advisory-committee-ppac">Patent Public Advisory Committee</a> (PPAC) plays an important role in advising us on public input regarding important USPTO matters. PPAC is a group from a cross-section of our stakeholders who engage with the public to share agency developments, collect feedback, and share it with us. It’s all in an effort to gather input on, and be as transparent as possible about, all our operations. The PPAC holds quarterly meetings, during which the committee receives updates from across the agency and takes deep dives into the operation of different business units on a rotating basis. As a former PPAC member, I can tell you that these meetings are an excellent way to stay up to date on many facets of the agency, and I encourage you to attend our upcoming <a href="http://www.uspto.gov/about-us/organizational-offices/public-advisory-committees/patent-public-advisory-committee/patent-1">PPAC meeting</a> tomorrow, May 14, at our headquarters in Alexandria, Virginia, or to watch the <a href="http://livestream.com/uspto/PPACQuarterlyMeeting">livestream</a>. </p>
<p>The PPAC was created by statute in the <a href="http://www.uspto.gov/patent/laws-and-regulations/american-inventors-protection-act-1999">American Inventors Protection Act of 1999</a> and advises the USPTO on policies, goals, performance, budget, and user fees. The committee also prepares an annual report on these matters, which is published in the <a href="http://www.uspto.gov/learning-and-resources/official-gazette">Official Gazette</a>. <a href="http://www.uspto.gov/about-us/organizational-offices/public-advisory-committees/patent-public-advisory-committee/patent-1">Committee members</a> consist of U.S. citizens chosen to represent the interests of diverse stakeholders, including independent inventors, private practitioners, corporate attorneys, and academics. Appointments to PPAC are made by the U.S. Secretary of Commerce based upon applications submitted by the public, and appointees are special government employees for their tenure. The PPAC is led by a chair and vice chair, and members sit on a variety of subcommittees to focus on different areas of the agency, for instance, on quality, international relations, and the Patent Trial and Appeal Board (PTAB). Subcommittee membership offers exposure into the intricacies of the agency’s operations and helps members foster relationships with USPTO leaders.</p>
<p>After tomorrow’s meeting, there will be two more PPAC meetings in 2015 that will take place on August 20 and November 19. </p>
<p>Before becoming a USPTO employee, I was fortunate to serve as a PPAC member. I found the experience to be quite rewarding, and the meetings to be very informative about the programs and operations at the USPTO. Some of the topics on the <a href="http://www.uspto.gov/about-us/organizational-offices/public-advisory-committees/patent-public-advisory-committee/patent-1">agenda</a> for tomorrow’s meeting include updates on the quality initiative, patent examination policy, next generation systems, legislation, and our international efforts. </p>
<p>Additionally, I encourage you to consider serving as a PPAC committee member; we accept applications annually in the fall. Watch for announcements regarding the next open application cycle. Through these experiences, you can make your voice heard, learn more about USPTO programs and operations that affect your business interests and at the same time, help the USPTO.</p></font>
https://www.uspto.gov/blog/director/entry/new_tool_for_examiners_helps
New Tool for Examiners Helps Streamline Examination Process
USPTO
2015-05-11T08:28:37-04:00
2015-05-11T08:28:37-04:00
<p><em>Guest blog by Chief Information Officer John Owens</em></p>
<p>The USPTO recently launched a critical new tool for patent examiners, marking the beginning of the retirement of certain legacy IT tools, and furthering our commitment to sharpening operating efficiencies as we <a href="http://www.uspto.gov/blog/director/entry/it_innovation_at_uspto_in">modernize IT systems</a>. Newly released to the patent examining corps is Version 2.0 of the Docket and Application Viewer (DAV), a customizable, searchable tool to help examiners manage their work load and prioritize tasks. This tool replaces the Desktop Application Navigator (eDAN) tool they use now.</p>
<p>This new tool, like others to come, will help the agency in the drive to increase patent quality. Once fully deployed, the USPTO’s “Patents End-to-End” (PE2E) system will provide examiners with an improved way of processing patent applications, integrating activities currently managed across separate systems into a central place, and leveraging modern technology. Late in 2016, we expect to launch more releases critical to examiners including Office Action and Search tools. Between now and the end of 2016, there will be incremental software releases for a pilot group of examiners to use.</p>
<p>The DAV was successfully deployed to over 120 servers in 48 hours in late March by the USPTO’s Office of the Chief Information Officer (OCIO) in close collaboration with our Office of Patent Information Management and the Patent Office Professional Association union. Training for this tool began in late March. The DAV tool also reflects our teams’ use of “agile” practices that focus on user involvement and feedback, while “DevOps,” provides a method of emphasizing tight collaboration. In the last few years, we have used agile and user-centered design to enhance how we develop and deliver new software to users.</p>
<p>Getting public input is critical to us. That’s why we host public events with tech experts to spur discussion, generate ideas, and help us operate at maximum efficiency. On June 11-12, 2015, we will host the inaugural <a href="http://www.devopsdays.org/events/2015-washington-dc/">DevOps Days DC</a>, an international forum on “DevOps” at the USPTO campus in Alexandria, Virginia. We look forward to providing more updates on the agency’s IT transformation as we rollout more software and systems to strengthen examination processes and support the nation’s innovators.</p>
https://www.uspto.gov/blog/director/entry/ttab_gathers_public_feedback_on
TTAB Gathers Public Feedback on its Processes
USPTO
2015-05-07T07:38:36-04:00
2015-05-07T07:38:36-04:00
<p><em>Guest Blog by Chief Administrative Trademark Judge Gerard F. Rogers</em></p>
<p>In early 2015, the Trademark Trial and Appeal Board (TTAB) held two public events, an Electronic System for Trademark Trials and Appeals (ESTTA) Users Forum and a Roundtable on Evolving TTAB Processes, in Alexandria, Virginia, which resulted in valuable comments and suggestions which TTAB will use to continue improving its public-facing IT systems and its appeal and trial processes.</p>
<p>The ESTTA Users Forum was held for the purpose of gaining stakeholder input on the capabilities of TTAB’s <a href="http://estta.uspto.gov/">Electronic System for Trademark Trials and Appeals</a> (ESSTA) e-filing system. Eighty individuals participated in the forum, either in person or via webinar. Representatives from such professional associations as the American Bar Association, the American Intellectual Property Law Association, the International Trademark Association, and the Intellectual Property Owners Association, joined in the interactive discussion, along with numerous practitioners from around the country. Feedback from the forum will be used to enhance ESTTA’s functionality in the near term, but also for planning the future implementation of the USPTO’s end-to-end electronic processing of trademark matters, known as Trademarks Next Generation (TMNG), which will significantly increase the functionality and flexibility of the USPTO’s systems.</p>
<p>The Roundtable on Evolving TTAB Processes was held to discuss how procedural rules and related processes for proceedings have evolved since TTAB’s rulemaking in 2007. The discussion included input from representatives of varied professional associations and the general public, and focused on their experiences with TTAB processes, and what could be improved in future TTAB appeal and trial proceedings. The engaging discussion lasted over three hours and covered a broad spectrum of topics, including: TTAB’s handling of extensions of time to oppose; scheduled changes in the Federal Rules of Civil Procedure, and consideration of the appropriate extent of discovery for TTAB trial cases; the value of TTAB attorney participation in discovery conferences and possible means for attorneys to aid in phone conferences on other subjects, such as motions for summary judgment; streamlined procedures for making evidence of record in TTAB proceedings; and the obsolescence of interference proceedings at the Board.</p>
<p>We would like to express our gratitude to stakeholders for their valuable insights and helpful suggestions. TTAB will continue to focus on improving its procedures and processes to make them more transparent and responsive to the needs of stakeholders. Visit the <a href="http://www.uspto.gov/trademarks-application-process/trademark-trial-and-appeal-board-ttab.html">TTAB page</a> of the USPTO website to learn more.</p>
https://www.uspto.gov/blog/director/entry/successful_transition_to_cooperative_patent
Successful Transition to the Cooperative Patent Classification System
USPTO
2015-05-04T09:37:51-04:00
2015-05-04T10:45:54-04:00
<p><em>Blog by USPTO Commissioner for Patents Peggy Focarino</em></p>
<p>On January 1, 2015, the USPTO successfully transitioned to the Cooperative Patent Classification (CPC) system from the United States Patent Classification (USPC) system. The CPC is a collaborative venture between the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO), designed to develop a common, internationally compatible classification system for technical documents used in the patent granting process. It offers a more robust and agile classification system for both offices’ user communities and enables more technical documents to be classified, because the USPTO and EPO are both entering documents into the system. Since its launch, the USPTO has successfully issued about 47,000 U.S. patent documents under the CPC. </p>
<p>As we transitioned to the CPC, we made sure to keep patent applicants and owners updated on the transition process. Leading up to the changeover, throughout 2013 and 2014, numerous bilateral CPC events were held with external stakeholders, providing notice that the USPC would become a static document collection for utility patents after December 2014. Stakeholders may continue to see a limited number of U.S. patent grants still issuing with USPC symbols due to allowed applications already in the publication cycle, but the USPTO will no longer actively assign USPC symbols to issued utility patents. However, plant and design patents are not covered in the CPC, so they will continue to be published with USPC symbols.</p>
<p>To facilitate searching for documents, the USPTO’s existing tools have been modified to provide all users the ability to search documents classified in the CPC, the USPC (now a static document collection), and the International Patent Classification (IPC) systems. USPTO examiners are now required to classify and search using the CPC, and we want our user community to understand that the CPC will be continuously updated through bilateral revision and reclassification projects between the USPTO and the EPO. We are also working on creating a bilateral examiner-focused collaborative environment for discussions, work-sharing initiatives and training opportunities.</p>
<p>As a leader in the global patent community, the USPTO is dedicated to providing a quality classification system for employees and stakeholders, and one that is compatible with the international patent community. Most importantly, we will ensure that the quality of the classification system remains strong and agile.</p>
<p>The CPC provides a more comprehensive search result set that includes national documents from China and Korea, as well as several other countries that are classifying their national documents into the CPC; documents that were not previously available for viewing or retrieval under the USPC. We intend to keep the quality of the CPC documents at a high level by helping more countries classify their national documents into the CPC, and we will continue to work with the EPO to perform an ongoing number of CPC revision projects.</p>
<p>We welcome your thoughts on the transition from the USPC to the CPC. More information, including frequently asked questions, is available on the <a href="http://www.uspto.gov/patents-application-process/patent-search/classification-standards-and-development">CPC page</a> of our website. Please send any questions or comments to <a href="mailto:CPC@uspto.gov">CPC@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/first_patent_quality_summit_a
First Patent Quality Summit – a Productive Discussion with the Public
USPTO
2015-04-10T05:21:06-04:00
2015-04-10T05:21:06-04:00
<p><font face="Calibri"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></font></p>
<p><font face="Calibri">At the end of March, the USPTO engaged in a productive exchange of ideas with the public on patent quality. We held an unprecedented event, a <a href="http://www.uspto.gov/patent/initiatives/patent-quality-summit">Patent Quality Summit</a> at our headquarters in Alexandria, Virginia, on March 25-26, with more than 300 in person attendees and over 1,200 online participants over the two days. The summit was the kickoff event for our comprehensive <a href="http://www.uspto.gov/blog/director/entry/uspto_launches_enhanced_patent_quality">Enhanced Patent Quality Initiative</a>, which focuses on improving patent operations and procedures to provide the best possible work products, to enhance the customer experience, and to improve existing quality metrics.</font></p>
<p><font face="Calibri">The Patent Quality Summit provided a forum for a robust discussion and exchange of ideas where the public, experts from the USPTO, industry, and academia examined ways to enhance patent quality, and also considered <a href="http://www.uspto.gov/sites/default/files/documents/SUMMIT%20SLIDE%20SET%20FINAL%20pdf.pdf">six specific proposals</a>. In particular, we discussed whether applicants would use in-person interviews with examiners, and if so, what logistical arrangements would need to be made to enable those interviews given the agency’s telework program. We also considered what steps examiners and applicants could take to clarify the prosecution history record and how the agency might better achieve compact prosecution. Further, we explored whether the agency should conduct an automated pre-examination search for all applications and what tools might be available to do so. And we addressed how to best measure patent quality and whether applicants should be able to request a quality review of selected actions during prosecution.</font></p>
<p><font face="Calibri">If you <a href="http://www.uspto.gov/about-us/news-updates/director-michelle-k-lee-remarks-patent-quality-summit">read my opening remarks</a>, you’ll learn that I’ve seen firsthand from the business side the importance that patents can play for certain businesses, especially as they look to enter markets that may be filled with established competitors. So our ability to issue patents promptly and accurately can be critically important for encouraging people to invest in these markets. I’ve also seen what happens because of a patent that should not have been issued or that was issued with a scope that is too broad or vague. Litigation based on these patents imposes a cost on business and society. That’s why the USPTO recognizes the extreme importance of issuing the best quality patents possible in a timely manner.</font></p>
<p><font face="Calibri">Thanks to all who participated in the summit, both in person and online. Your input is critical to us and we will carefully consider all the feedback we received. We want to continue hearing from you as well; whether you are a longtime patent owner, a Main Street retailer who has only recently begun to focus on patents; a patent prosecutor, patent litigator, patent applicant or patent licensee. With your help we are working to build a world-class patent quality system together.</font></p>
<p><font face="Calibri">If you were unable to participate in the summit, you can still provide your feedback on our patent quality initiative via email to <a href="mailto:WorldClassPatentQuality@uspto.gov">WorldClassPatentQuality@uspto.gov</a> on or before May 6, 2015. Our detailed summit agenda is available on the <a href="http://www.uspto.gov/patent/initiatives/patent-quality-summit">Patent Quality Summit</a> page as well as <a href="http://www.uspto.gov/sites/default/files/documents/SUMMIT%20SLIDE%20SET%20FINAL%20pdf.pdf">notes from the sessions</a>. The USPTO is planning additional events throughout the country in the upcoming year to gather more public feedback on our patent quality efforts, including a roadshow to several cities this summer. I hope we hear from you.</font></p>
https://www.uspto.gov/blog/director/entry/implementing_executive_actions_to_further
Implementing Executive Actions to Further Improve our Patent System
USPTO
2015-04-09T11:05:03-04:00
2015-04-09T11:05:03-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>We’ve been working on a number of exciting initiatives at the USPTO that will benefit most of you. These programs all support White House <a href="http://www.uspto.gov/patents/init_events/executive_actions.jsp">executive actions</a> designed to strengthen the patent system. They focus on making information more accessible to the public, generating ideas through crowdsourcing, assisting under-resourced inventors, and offering more robust technical training to patent examiners. Here is an update on our progress. </p>
<p><strong>Patent Assignment Search</strong></p>
<p>In furtherance of our goal to increase transparency of patent ownership information, we have improved our <a href="http://assignment.uspto.gov/">Assignment Search</a> database to make it simpler for the public to locate patent assignment information. The new Assignment Search database has several improved features. First, it uses faster technology and features a modernized user interface that quickly and easily displays patent ownership results. Second, it offers more searchable fields. Using multiple search terms, a user can now search by a patent application number and by the entity that submitted the assignment information. After getting initial search results, the user can use filters to narrow the results to a more manageable subset and print search results.</p>
<p>The USPTO has maintained an assignment database for patent ownership information since 1980. Because recording in the database is voluntary, it is not a comprehensive source for all patent or patent application ownership information, but it is an excellent source of much information that is free to the public and updated daily. In preparation for our next phase of improvements, more than 50,000 public users accessed our Assignment Search database, and many offered valuable feedback that we will incorporate into future enhancements of the tool.</p>
<p><strong>Patent Examiner Technical Training Program in 2015</strong></p>
<p>Next, the USPTO’s <a href="http://www.uspto.gov/patent/initiatives/patent-examiner-technical-training-program-pettp">Patent Examiner Technical Training Program</a> (PETTP) has announced dates for <a href="http://www.uspto.gov/patent/initiatives/pettp-technology-fairs">Technology Center Technical Fairs</a> in 2015, and we’re looking for scientists, engineers, professors, and industrial designers to participate as volunteer guest lecturers. PETTP improves the patent process by ensuring patent examiners are aware of emerging trends, maturing technologies, and recent innovation. Presentation formats are flexible, and training sessions typically last up to one hour, followed by questions and answers. Speakers are welcome to visit the USPTO Headquarters in Alexandria, Virginia, or our satellite offices in Denver or Detroit for in-person presentations. Alternatively, they may present by webcast from their own locations. Read the <a href="http://www.commerce.gov/news/blog/2014/12/tech-week-2014-optimizing-patent-examiner-training-through-volunteer-experts">Commerce blog post</a> from December 2014 to learn more about the success of the most recent PETTP training, and <a href="http://www.uspto.gov/patent/initiatives/patent-examiner-technical-training-program-pettp">visit the PETTP page</a> on the USPTO website to <a href="http://www.uspto.gov/patent/initiatives/patent-examiner-technical-training-program-pettp">sign up to volunteer</a> your time and expertise as a guest lecturer.</p>
<p><strong>Patent Pro Bono Program Expansion</strong></p>
<p>Finally, we continue to expand our <a href="http://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono">Patent Pro Bono Program</a> that provides free legal assistance to under-resourced inventors and small businesses interested in securing patent protection for their inventions. The program now operates in 47 states, with nationwide coverage coming soon. </p>
<p>Recently, we have supported new program launches as well as expansions. The New York Patent Pro Bono Program has expanded to include New Jersey and Connecticut. In February, the Georgia Patent Pro Bono Program held its launch event, and the Missouri Patent Pro Bono Program—covering the states of Missouri, Arkansas, Kansas, Nebraska, and Oklahoma—also held its launch event. On April 20, the Minnesota Patent Pro Bono Program will launch an expansion into North Dakota, South Dakota and Wisconsin, and on April 30, the Massachusetts Patent Pro Bono Program will launch an expansion into Vermont, New Hampshire, Rhode Island, and Maine.</p>
<p>The Patent Pro Bono Program serves a vital role in the marketplace of innovation, and we are pleased with its success so far. Visit the <a href="http://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono">Patent Pro Bono Program page of our website</a> for more information on how to volunteer to represent an under-resourced inventor or small business or secure assistance from a volunteer attorney.</p>
<p>We look forward to updating you on many more programs and initiatives this year that support implementation of the White House executive actions, which remain a priority for the USPTO.</p>
https://www.uspto.gov/blog/director/entry/recognizing_women_in_science_and
Recognizing Women in Science and Technology
USPTO
2015-03-31T05:32:14-04:00
2015-03-31T11:12:28-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>In observance of Women’s History Month, the USPTO is celebrating the generations of women who have helped shape America. Their stories of achievement—much like the story of America itself—are about a daring and resilient few, willing to take a risk on a new cause, a new idea, or a new invention. </p>
<p>Throughout history, women have played a critical role as innovators, inventors, and entrepreneurs. Take for example some of the women inducted into the <a href="http://www.uspto.gov/about/offices/opa/museum.jsp">National Inventors Hall of Fame</a>: <a href="http://invent.org/inductee-detail/?IID=90">Stephanie Kwolek</a>, the inventor of Kevlar™; <a href="http://invent.org/inductee-detail/?IID=75">Elizabeth Hazen and Rachel Brown</a>, the inventors of the antifungal antibiotic, Nystatin™; and <a href="http://invent.org/inductee-detail/?IID=160">Patsy Sherman</a>, the inventor of Scotchgard™.</p>
<p>Several well-known Hollywood actresses also expanded their creative spark beyond the big screen. <a href="http://invent.org/inductees/markey-hedy/">Hedy Lamarr</a>, with the help of composer George Antheil, invented and patented a secret communication system in 1941 in an effort to help the allies in World War II, while <a href="http://pdfpiw.uspto.gov/.piw?Docid=03914799&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect2%3DPTO1%2526Sect2%3DHITOFF%2526p%3D1%2526u%3D%2Fnetahtml%2FPTO%2Fsearch-bool.html%2526r%3D1%2526f%3DG%2526l%3D50%2526d%3DPALL%2526S1%3D3914799.PN.%2526OS%3DPN%2F3914799%2526RS%3DPN%2F3914799&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page">Julie Newmar</a>, best known for her captivating role as Catwoman™, patented ultra-sheer, ultra-snug pantyhose.</p>
<p>Thanks to innovative women like <a href="http://www.uspto.gov/inventors/independent/eye/201302/Windshield_Wipers.jsp">Mary Anderson</a>, who was inspired by a sudden downpour while traveling to New York City at the turn of the 20th century, modern car drivers, airplane pilots, and even astronauts can see clearly when driving or flying in inclement weather due to her novel windshield wiper, that was patented in 1903.</p>
<p>The USPTO proudly marks such achievements, and I look forward to inducting <a href="http://invent.org/inductees/2015/">four women</a> into the National Inventors Hall of Fame in May including <a href="http://invent.org/inductees/chilton-mary-dell/">Mary-Dell Chilton</a>, <a href="http://invent.org/inductees/clarke-edith/">Edith Clarke</a>, <a href="http://invent.org/inductees/donovan-marion/">Marion Donovan</a>, and <a href="http://invent.org/inductees/johnson-kristina/">Kristina M. Johnson</a>. Their work in a wide range of fields proves the enduring strength of American innovation. In addition, the National Inventors Hall of Fame and Museum at the USPTO headquarters in Alexandria highlighted all women inductees in a special "Women of Innovation" exhibit during the month of March.</p>
<p>I am truly honored to be the first woman director of the USPTO in our nation’s 200+ year history. At the USPTO, we have created an environment where talent can thrive and where ability leads to advancement, regardless of gender. While women represent less than 15 percent of executive officers in the private sector, nearly 40 percent of the USPTO’s <a href="http://www.uspto.gov/about-us/executive-biographies">executive officer positions</a> are filled by women. In today’s innovation based economy, an organization can’t afford to overlook the unique talent and ingenuity that women bring to the workplace. Our nation’s economy cannot grow to its full potential unless we ensure that no innovator or entrepreneur is left behind. </p>
<p>More than fifteen years into the 21st century, there are far too few women entering into the science and technology fields. To fix this, we need to start educating kids when they are young. We currently partner with Invent Now and its Camp Invention program, which helps spur inventive thinking in young girls and boys. Our work with the Girl Scouts to support an IP patch also reinforces innovative thinking, specifically among young girls. </p>
<p>At the USPTO, we’re going to continue to find ways to support girls and young women as they enter professional careers and grow to join the ranks at the executive levels. </p>
<p>Join me in a commitment to better prepare more girls and young women to pursue careers in technology, and then empower them to thrive in those careers for the benefit of our economy and society.</p>
<p>Together, we can play a pivotal role in fostering, inspiring, and supporting innovative women, as well as empowering all innovators–men, women, and children.</p>
https://www.uspto.gov/blog/director/entry/ptab_s_quick_fixes_for
PTAB’S Quick-Fixes for AIA Rules Are to Be Implemented Immediately
USPTO
2015-03-27T06:18:08-04:00
2015-03-27T06:42:27-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em></p>
<p>In recent appearances before the <a href="https://youtu.be/nw32w-WqArU">Technology Policy Institute</a> and the <a href="http://www.uspto.gov/about-us/news-updates/building-better-patent-system-together-pto-day-conference">IPO Education Foundation’s PTO Day</a>, I highlighted the popularity (at least based upon number of filings) of our Patent Trial and Appeal Board (PTAB) America Invents Act (AIA) trials over the last three years. I also promised a series of rulemakings later this year so we could seek public input on how we could make these proceedings even better. We are well along in the process of issuing our first set of rules and I want to give you a hint now of what is to come.</p>
<p>The USPTO issued rules and guidance for the new AIA proceedings in 2012. Despite best efforts, we never envisioned that our rules or guidance would be perfect at the outset, but instead anticipated making refinements along the way. In June 2014 we asked for your input on how these proceedings were working. I am pleased to tell you about the feedback we collected and how that feedback is shaping the direction of our AIA trials going forward.</p>
<p>In response to our request for input, we received <a href="http://www.uspto.gov/page/comments-trial-proceedings-under-america-invents-act-patent-trial-and-appeal-board">37 written comments</a>. Members of the Board have carefully reviewed your thoughtful comments about ways that we can improve the AIA proceedings. To implement some of the changes spurred by your input we have devised a three-part roll-out plan.</p>
<p>This spring we plan to issue a first rule package containing what we call "quick fixes"—changes of simple scope that will immediately improve the trial proceedings. Later this summer, we will issue a second proposed-rule package containing more involved changes to our Patent Trial and Appeal Board Trial Rules that govern the conduct of the AIA trial proceedings. We also plan to modify our Trial Practice Guide that provides guidance to the public concerning various aspects of PTAB practices in AIA trial proceedings. The Trial Practice Guide advises the public on the general framework of the rules, including the structure and times for taking action in AIA trial proceedings. These modifications will clarify our trial operations and by implementing the roll-out in stages, we aim to bring improvements to our proceedings as quickly as possible.</p>
<p>As to our first “quick fix” rule package, I wish to highlight some of the improvements you can expect to see. Many of you advised us that fifteen pages for a motion to amend that includes a claim listing is not sufficient to explain adequately why the amended claims are patentable. Similarly, others noted that fifteen pages for a petitioner’s reply brief is not a commensurate number of pages to respond to a patent owner’s response. We have heard you, and we agree. One of our quick-fix changes will nearly double the number of pages for a motion to amend, granting up to twenty-five pages for the motion along with the addition of a claims appendix (with a commensurate amount of additional pages for the opposition and reply briefing). Another change will nearly double the number of pages for a petitioner’s reply brief, granting up to twenty-five pages. Notably, even before these two changes appear in the first rule package, judges will begin implementing them through scheduling orders effective immediately.</p>
<p>As to our second rule package of more involved changes, we are considering proposing a number of other revisions to rules including: further modifications to the motion to amend process; adjustments to the evidence that can be provided in the patent owner preliminary response; and clarification of the claim construction standard as applied to expired patents in AIA proceedings. We also are considering several other changes, including adjustments to the scope of additional discovery, how to handle multiple proceedings before the Office involving the same patent, use of live testimony at oral hearings, and whether the parties should be required to make a certification with their filings similar to a Rule 11 certification in district court litigation.</p>
<p>Additionally, regarding motions to amend, we are contemplating proposed changes to emphasize that a motion for a substitutionary amendment will always be allowed to come before the Board for consideration (i.e., be “entered”), and for the amendment to result in the issuance (“patenting”) of amended claims, a patent owner will not be required to make a prior art representation as to the patentability of the narrowed amended claims beyond the art of record before the Office. Of course, the duty of candor and good faith requires the patent owner to make of record any additional prior art material to patentability known by the patent owner. These contemplated changes would be intended to more noticeably limit the burden on the patent owner, even though the patent owner is the party moving for the change in the patent.</p>
<p>As with the revisions we are making via the first rule package, the changes being considered in our second rule package are the direct results of your feedback. And because we plan to issue the changes in the second rule package in the form of a proposed rule, you will have an additional opportunity to give your feedback before we finalize them.</p>
<p>As to our Trial Practice Guide, we are contemplating proposing even more updates and refinements. Although we are not prepared to change the scheduling order to specify that live testimony will automatically be allowed at a hearing, we will address the subject of live testimony to bring greater clarity to its usage. Specifically, because there has not yet been a current practice of denying motions for live testimony and we do not want to diminish the possibility of live testimony, we plan to emphasize the availability of live testimony upon the grant of any such motion for live testimony, except where not suitable.</p>
<p>Further, we understand that the existence of ample discovery to establish the real-party-in-interest (RPI) of the petitioner has been a concern. And we want to be sure that the availability of appropriate RPI evidence does not pose a problem for patent owners. While the Board increasingly has been granting motions for such discovery, we plan to update the Trial Practice Guide to emphasize the importance of RPI discovery as to determinations of standing and as to possible later estoppel consequences.</p>
<p>Lastly, to the extent that there has been concern that the judges participating in a decision to institute a trial may not be completely objective in the trial phase, we are considering developing a single-judge pilot program for institution. Under this pilot, a single judge would make the decision on whether to institute a trial. Two new judges would be added to the panel only when and if a trial is instituted. In the interest of efficiency, the first judge would remain on the panel; but in the interest of having “fresh eyes,” the two additional judges would not have participated in the matter prior to institution. After running this pilot for a select number of cases, we would study the results to determine the approach to follow in the future.</p>
<p>In closing, we appreciate your input on our AIA trial proceedings thus far. Our intention is to continue this iterative approach of seeking your input after this round of changes has been in effect for some time. We are committed to fulfilling our Congressional mandate to provide a quick, inexpensive alternative to district court litigation and improve patent quality and to ensuring that the AIA trials are as effective and fair as possible. And we can do so only by regularly monitoring and correcting our course as usage of our AIA trials evolves in time.</p>
https://www.uspto.gov/blog/director/entry/uspto_satellite_offices_bring_resources
USPTO Satellite Offices Bring Resources to Innovators
USPTO
2015-03-18T08:12:59-04:00
2015-03-18T13:04:03-04:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee</em> </p>
<p>Three years ago, we started expanding USPTO operations across the country to Dallas, Denver, Detroit, and Silicon Valley, bringing resources to the doorsteps of innovators. These satellite offices support our core mission of fostering American innovation and competitiveness by offering services to entrepreneurs, inventors, and small businesses, while effectively engaging communities and local industries. </p>
<p>Our satellite offices allow the USPTO to recruit a diverse range of talented technical experts and build the workforce necessary to reduce the current patent backlog, ensure pending applications are examined in a timely manner, and speed up the overall examination process. These operational improvements in turn allow businesses to move their groundbreaking innovations to market faster, provide incentive for investment in new technologies, and directly contribute to the creation of new jobs that grow and sustain our economy. </p>
<p>Since my <a href="http://www.uspto.gov/blog/director/entry/update_on_uspto_satellite_offices">last blog update regarding our satellite offices</a>, there have been significant developments. I am excited to welcome Dr. Christal Sheppard to our USPTO team as the new regional director for the <a href="http://www.uspto.gov/about/locations/detroit.jsp">Elijah J. McCoy satellite office in Detroit</a>. Christal previously served as chief counsel on patents and trademarks for the House Judiciary Committee, and since leaving Capitol Hill, she has been an assistant professor at the University of Nebraska College of Law and a member of the USPTO Patent Public Advisory Committee. She will use her expertise to build on the partnerships the office has already established with stakeholders, the local community, and organizations in the Detroit area. </p>
<p>Our <a href="http://www.uspto.gov/about-us/uspto-locations/denver-colorado">Rocky Mountain Regional Office</a> in Denver continues to reach out to independent inventors, entrepreneurs, and small businesses with events like its <a href="http://www.uspto.gov/inventors/events/Denver_Sat_Sem.jsp">Saturday Seminar series</a> that provide valuable information on intellectual property protection and the process for obtaining patents and registering trademarks.</p>
<p>Denver Regional Office Director Russ Slifer says, “The reception and excitement for the USPTO in Colorado has greatly exceeded my expectations. The Rocky Mountain region has a strong innovation community including universities, small and large businesses, and independent inventors. We are passionate about building collaborative relationships to provide the education and resources needed to help the innovators in the region continue to be competitive.” </p>
<p>Our <a href="http://www.uspto.gov/about-us/uspto-locations/silicon-valley-california">West Coast Regional Office</a> in Silicon Valley is engaging the community and providing services to one of the most active patent filing communities in the world. After holding our first Cybersecurity Partnership Meeting last fall in Silicon Valley, we continue to gather stakeholders’ thoughts, ideas, and insights in the cybersecurity field as well as other industry sectors across the region. We are extremely pleased that the San Jose City Council unanimously approved our final schedule and lease terms and that construction of the West Coast Regional Office is underway. </p>
<p>Silicon Valley Regional Office Director John Cabeca says, "There continues to be an outpouring of support across the innovation ecosystem for the USPTO to establish a permanent west coast office in the Silicon Valley and we are eager to see our permanent facility open in San Jose City Hall. The community is very engaged and I look forward to working with stakeholders, at all levels, to bring educational programs tailored to the specific needs of the region." </p>
<p>For the regional director of our Texas Regional Office, we recently posted and closed a job announcement, and I look forward to updating you once a candidate has been selected. As part of our targeted outreach campaign to the unique entrepreneurial community in Texas, we are reaching out to small businesses and startups across the state. This month, I shared some our <a href="http://www.uspto.gov/about-us/news-updates/deputy-director-michelle-k-lee-remarks-south-southwest">21st century initiatives</a> at the annual SXSW Festival in Austin, where Commerce Secretary Penny Pritzker and I spoke about how the government is adapting to the rate and pace of technology–and fueling innovation–by retooling our patent system. I look forward to opening the permanent space for our offices in Dallas in the <a href="http://www.uspto.gov/news/pr/2012/12-70.jsp">Terminal Annex Federal Building</a> later this year after renovations and infrastructure updates are completed. </p>
<p>To date, we have hired more than 300 employees at our satellite offices, and we will continue to hire patent examiners and administrative patent judges for them. Open positions will be posted on <a href="http://www.usajobs.gov/">http://www.usajobs.gov/</a>, keyword: USPTO. </p>
<p>I strongly believe in the strategic importance of our satellite offices serving their regional innovation and intellectual property communities. Working with local communities, our offices put tools into the hands of individuals who need assistance at every step of the business lifecycle. I am proud of the progress we have made over the last three years, and can’t wait to open our permanent spaces in Dallas and Silicon Valley as we continue our efforts to serve entrepreneurs from coast to coast. </p>
https://www.uspto.gov/blog/director/entry/uspto_submits_fiscal_year_2016
USPTO Submits Fiscal Year 2016 Congressional Budget Justification
USPTO
2015-02-13T04:24:27-05:00
2015-02-13T04:24:27-05:00
<p><em>Guest Blog by Chief Financial Officer Tony Scardino</em></p>
<p>Each year, the USPTO submits a budget justification to Congress in order to access the resources we need to operate. I’m pleased to announce that the USPTO has published its <a href="http://www.uspto.gov/sites/default/files/documents/fy16pbr.pdf">fiscal year (FY) 2016 Congressional Budget Justification</a>.</p>
<p>The FY 2016 Congressional Budget Justification provides detailed information on how the USPTO plans to spend its funds in the upcoming fiscal year. Our fiscal year 2016 budget documents our requirements to enhance quality and aggressively continue reducing patent application pendency and backlog. This helps bring innovations to the marketplace and create jobs for the American people. It also enables us to continue maintaining trademark application pendency; carrying out the provisions of the America Invents Act; providing domestic and global intellectual property leadership; and modernizing our information technology (IT).</p>
<p>In FY 2016, the USPTO expects to collect—and has requested an appropriation of—$3.2 billion in fee revenue, which is derived primarily from patent and trademark fee collections. This is approximately $250 million below our FY 2015 appropriation, but approximately $65 million above what we currently anticipate collecting in FY 2015.</p>
<p>The USPTO FY 2016 budget tells the story of a dynamic organization that is continually adapting to the ever-changing environment in which we operate. Our FY 2015 and 2016 estimated fee collections have been modified from the projections included in the FY 2015 President’s Budget. Notably, projected patent fee collections for FY 2015 and the out years have been lowered to reflect new assumptions about the growth rate in patent application filings—due to factors such as the global economy and international filings, recent judicial rulings, and internal process changes—producing a $1.2 billion reduction in estimated patent fee collections over the six-year period from 2014-2019.</p>
<p>At the same time, however, our budgetary requirements—what we plan to spend—for both this year and next have increased from what we had outlined at this time last year. Investments in IT were elevated in FY 2015 and beyond in order to support critical agency priorities and in response to stakeholder feedback, with a net increase in spending of $500 million over the same six-year period. In FY 2016, the USPTO will fund these requirements using a combination of our 2016 appropriation along with $267 million from our operating reserves and $28 million in other income.</p>
<p>The spending and revenue adjustments included in the FY 2016 budget have resulted in a $1.7 billion cumulative reduction in the patent operating reserve over the next six years compared to what we projected in our FY 2015 budget. These changes demonstrate the important role the operating reserve plays in supporting the agency’s progress. Even as fee collections vary from year to year, the operating reserve allows us to continue to make critical, multi-year investments to improve the USPTO and its operations.</p>
<p>Looking to the future, we will continue to closely monitor fee collections and assess the ideal size of the operating reserve. The USPTO leadership team is aware of the potential risk associated with maintaining a patent operating reserve that is below our optimal target of three months and a trademark operating reserve that is below the optimal target of four to six months of budgetary resources. We are prepared to enact risk mitigation measures if they are needed at some point in the future. Our decision to move forward with smart, scalable growth reinforces the USPTO’s commitment to sound business and financial practices.</p>
<p>Additional details on our plans and estimates can be found in the pages of our FY 2016 <a href="http://www.uspto.gov/sites/default/files/documents/fy16pbr.pdf">Congressional Budget Justification</a>. I hope you find value in this document, and that it allows you to glean greater insights into the USPTO’s activities and achievements.</p>
https://www.uspto.gov/blog/director/entry/uspto_trade_secret_symposium1
USPTO Trade Secret Symposium
USPTO
2015-02-09T08:46:16-05:00
2015-07-09T05:09:48-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>On January 8, 2015, the USPTO held a trade secret symposium at USPTO headquarters in Alexandria, Virginia. The public event featured experts from academia, law, private industry, and the government discussing the importance of trade secrets to innovators.</p>
<p>The protection of U.S. trade secrets from misappropriation is a top priority for the administration and the USPTO, as trade secret theft threatens American businesses and the U.S. economy. Trade secrets are also important internationally since U.S. innovators need to be positioned to succeed when they operate in a global marketplace in which all IP rights are secure. When someone steals a trade secret, it undermines a company’s ability to compete in the global marketplace and can pose a threat to businesses, workers, and the U.S. economy.</p>
<p>In her opening remarks at the trade secret symposium, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee noted this was a first of its kind event at the USPTO, and its importance toward helping entrepreneurs and businesses start, grow and innovate. I was pleased with the variety of panels at the symposium, which discussed: the economics of trade secret theft, the changing ways innovators are looking to IP laws to protect their assets, the relationship between patents and trade secrets, litigation of trade secret misappropriation, and international trade secret protection. Panelists included representatives from the World Intellectual Property Organization, the London School of Economics, Intel Corporation, Proctor & Gamble, law firms, Congressional offices, and more. <a href="http://www.uspto.gov/ip/init_events/Trade_Secret_Symposium_Agenda_-_final.pdf">View the full agenda and panelists</a>.</p>
<p>The symposium sparked meaningful dialogue on such topics as whether a shift has occurred toward greater reliance on trade secrets, issues inherent to trade secret litigation, legislative initiatives, and the challenges of global enforcement. Going forward, the USPTO will continue to lead substantive discussions of the policies involved in trade secret protection both domestically and internationally. We look forward to continuing the conversation. Learn more about the <a href="http://www.uspto.gov/about-us/organizational-offices/office-policy-and-international-affairs/uspto-trade-secret-symposium">USPTO Symposium on Trade Secret Protection</a>.</p>
https://www.uspto.gov/blog/director/entry/uspto_launches_enhanced_patent_quality
USPTO Launches Enhanced Patent Quality Initiative
USPTO
2015-02-04T04:43:01-05:00
2015-02-04T04:43:01-05:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>As improving patent quality lies at the core of the U.S. Patent and Trademark Office’s mission, I’m pleased to announce the launch of a comprehensive new program, our Enhanced Patent Quality Initiative. You can read about it in more detail in the <a href="https://www.federalregister.gov/articles/2015/02/05/2015-02398/patent-quality-enhancements-meeting">Federal Register</a> and on our <a href="http://www.uspto.gov/patents/init_events/Patent-Quality-Initiative.jsp">website</a>, but let me highlight a few key details for you now.</p>
<p>As you may know, we’ve already been hard at work at the USPTO on <a href="http://www.uspto.gov/patents/init_events/executive_actions.jsp">numerous initiatives</a> focused on improving patent quality. We’ve offered robust technical and legal training for patent examiners while rolling out new programs such as the <a href="http://www.uspto.gov/patents/init_events/glossary_initiative.jsp">Glossary Pilot</a>, <a href="http://www.uspto.gov/patents/init_events/qpids.jsp">Quick Path IDS Program</a>, <a href="http://www.uspto.gov/patents/init_events/faipp_landing.jsp">First Action Interview Pilot</a>, and <a href="http://www.uspto.gov/patents/init_events/afcp.jsp">After Final Consideration Pilot</a>. We’ve worked to improve operational capabilities and information technology tools while <a href="https://www.youtube.com/watch?v=35lPLeUq38E&noredirect=1">expanding international work sharing efforts</a>. </p>
<p>Our Enhanced Patent Quality Initiative allows us to further improve patent quality through direct and ongoing engagement. What do I mean by engagement? I mean robust discussions with the broader public, from a longtime patent owner to a Main Street retailer who has only recently begun to focus on these issues; from patent prosecutors to patent litigators and from patent applicants to patent licensees. We’re also having productive conversations within the agency—from examiners and IT staff to policy experts. By engaging all of these stakeholders, we are working to ensure the USPTO issues the best quality patents possible.</p>
<p>If you want to be a part of that process, we’d love to have you at our first-ever Quality Summit, an intense, two-day deep dive into patent quality that will include discussions among USPTO leadership, experts from the agency, industry and academia, and you. The Summit will be on March 25th and 26th at USPTO headquarters in Alexandria, Virginia. We’ll be looking at possible new initiatives the USPTO could undertake, all of which fall under our three identified Enhanced Patent Quality pillars: (1) excellence in our work products; (2) excellence in measuring patent quality; and (3) excellence in our customer service. </p>
<p>You’ll find our agenda for the Quality Summit in our <a href="https://www.federalregister.gov/articles/2015/02/05/2015-02398/patent-quality-enhancements-meeting">Federal Register notice</a>. But even if you can’t attend our Quality Summit in person, you can participate via webinar and the Summit will be recorded for later viewing. Also, the Federal Register notice lets you know how you can directly provide us your written comments, including reaction to the overall effort, thoughts on the initiatives under discussion at the Quality Summit, and any other suggestions for agency initiatives or undertakings. The formal comment period will remain open until May 6, but please understand that this in an ongoing dialogue. There will be many more opportunities for us to hear from you.</p>
<p>One person at the USPTO who will be particularly eager to read your comments and hear your thoughts at our Quality Summit is Valencia Martin-Wallace, the USPTO’s first Deputy Commissioner for Patent Quality. This newly created leadership position ensures a dedicated focus on the agency’s patent quality efforts. Deputy Commissioner Martin-Wallace brings a wealth of experience to this position. She’s worked at the USPTO for twenty-two years, serving as an examiner, Technical Center Director, and Assistant Deputy Commissioner for Patent Operations.</p>
<p>Our Enhanced Patent Quality Initiative is ambitious. But it is essential as the USPTO continues to support ambitious innovations and economic growth. We look forward to further engagement with the public and our employees as we continue to build a world-class patent quality system together.</p>
https://www.uspto.gov/blog/director/entry/user_feedback_plays_key_role
User Feedback Plays Key Role in New USPTO Website
USPTO
2015-01-30T07:06:15-05:00
2015-01-30T07:06:15-05:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>I’m excited to let you know about our <a href="http://beta.uspto.gov/">newly redesigned website</a> that improves the experience of doing business with the USPTO, and is a key part of our <a href="http://www.uspto.gov/blog/director/entry/it_modernization_at_the_uspto">rollout of next generation technologies</a>. Chief Information Officer John Owens and his team of IT specialists are dedicated to <a href="http://www.uspto.gov/blog/director/entry/it_innovation_at_uspto_in">modernizing the USPTO’s IT infrastructure in 2015</a> and beyond.</p>
<p>This redesign is the first phase of upgrading users’ USPTO online experience that focuses on updating the (1) navigation to allow users to access needed information more easily and quickly and (2) to make the presentation of information on our web pages clearer and more streamlined. Following the completion of the first phase, the USPTO team is now working on ways to improve our “transactional sites,” which are the online tools and systems where users transact business with the USPTO such as filing for trademark registrations or paying the fees for patents that we look forward to sharing with you soon.</p>
<p>The official launch date for the website is February 5, 2015, when you will see the results of our phase one redesign. When users visit <a href="http://www.uspto.gov/">www.uspto.gov</a> they will be taken directly to the redesigned site and if you haven’t already visited the site, I encourage you to take a tour of the <a href="http://beta.uspto.gov/">beta</a>.</p>
<p>In developing the new site, we met with hundreds of users—both frequent users and new visitors to the site—to learn what information they look for, study and how they attempt to find it. We also conducted an in-depth analysis of the site’s navigation including extensive user experience testing of the new design and wide-ranging best practices comparisons. The new navigation makes it easier to access information about our services and learn how to accomplish tasks. It’s also friendlier for those of you using mobile devices. I invite you to <a href="https://www.youtube.com/watch?v=gonaTZlFmB4&feature=youtu.be">watch a one-minute video</a> that highlights some of the site’s new features.</p>
<p>Thousands of USPTO web pages were redesigned and there are many ways we can continue to make the site better, but we can’t do that without your help. When we launched the beta in December, we asked users to take a look at the new site, and more than 15,000 people have so far. We also set up an <a href="http://uspto-beta.ideascale.com/a/index">Ideascale site</a>, a place where you can submit your thoughts and comments about the beta, and vote up or down, or comment on ideas submitted by others. We received some great input and we’re looking forward to continued interaction with you on additional ways to fine tune the new site. We’ll continue to provide improvements even after it becomes the official agency site.</p>
<p>We value your feedback, whether it is about our new website or any of our other initiatives. With your input, we can work together to better meet your needs.</p>
https://www.uspto.gov/blog/director/entry/it_innovation_at_uspto_in
IT Innovation at USPTO in 2015
USPTO
2015-01-22T06:21:24-05:00
2015-01-22T06:21:24-05:00
<p><em>Guest blog by Chief Information Officer John Owens</em></p>
<p>The start of a new year is a perfect time to reflect on our current successes, and challenge ourselves to continually improve our information technology (IT) systems. As the Chief Information Officer, I am focused on driving innovation at the USPTO while protecting our nation’s cutting edge ideas.</p>
<p>The Office of the Chief Information Officer (OCIO) works hard every day to make sure both our existing systems and our new “next generation” systems enable examiners to accomplish their important work. We are building excellent tools for the public while we drive to fine-tune our own processes for greater efficiency. Supported by more robust, updated IT systems and tools, USPTO examiners will be able to leverage these tools, and new data, to issue the best quality patents. When we improve systems and services for our examiners, the public benefits as well.</p>
<p><strong>Some of our goals for 2015 include:</strong></p>
<p>• Drive service innovation – improve desktop services and support, and provide additional self-help capabilities to customers;<br />• Strengthen the organization – Improve collaboration, drive up satisfaction, and deliver impactful training;<br />• Continually improve processes – drive efficiency in the organization and eliminate single points of failure;<br />• Deliver next generation platforms – deliver totally new patent and trademark examination systems</p>
<p>We will accomplish these goals by developing innovation from within our organization, learning from the private sector, using open source data, engaging with our customers, and hiring outstanding staff.</p>
<p><strong>Developing the innovation within</strong> </p>
<p>The key to unlocking innovation lies in our most important asset, our people. I look for the innovators within our ranks, the doers and smart risk-takers whose determination, energy, and grit drive the organization forward. These people soak up change, are nimble with new technology and ideas, and love learning, especially if it helps them do their jobs better. As one of my employees said to me, “Part of my job satisfaction here is based on what I am learning.” People like this are everywhere in our agency. All we need to do is give them the tools to innovate. </p>
<p><strong>DevOps: learning from the private sector</strong></p>
<p>Within our office, we have eagerly embraced a new technology movement called “DevOps,” which has taken hold in the private sector at such companies as Nordstrom, Disney, Etsy, Netflix and others. This software development method emphasizes collaboration and enhances efficiency, and when teams use key DevOps principles, they can release new software much faster and with higher quality. Given the ambitious projects ahead, learning from DevOps will help our performance now and in years to come. We held a successful and sold out <a href="https://www.eventbrite.com/e/uspto-devops-meetup-2015-tickets-13874680543">DevOps in Government event January 14th</a> at the USPTO in Alexandria, Va. with the team from Etsy, and we plan to engage with the private sector on additional events in the future.</p>
<p><strong>Embracing open source and open data</strong></p>
<p>The OCIO new user experience division recently debuted a <a href="http://uspto.github.io/designpatterns/">working version of the USPTO design pattern library on Github</a>. Founded by a creator of the Linux operating system, GitHub is a popular tech industry portal for publishing and sharing open source code projects. Several government agencies use GitHub to engage developers and the public to use open source and open data, and these efforts are one of the focal areas for our Chief Technology Officer David Chiles. This library allows any USPTO project team to use the same design principles and patterns when designing applications. Through GitHub, the USPTO can share its user experience designs and principles with other federal agencies, and through such sharing, future library updates could come from sources outside of the USPTO. </p>
<p><strong>Engaging with customers</strong></p>
<p>We meet continually with internal and external customers, and know that honest conversation improves how we serve one another. Our next generation products and services are co-designed with our customers, with a goal of developing tools for a global, mobile user base. An important part of this modernization process is “agile” development, an IT development method which emphasizes user involvement and ongoing feedback. <a href="http://www.uspto.gov/blog/director/entry/it_modernization_at_the_uspto">I wrote about it in a blog last June</a>. As a result of using agile methods and engaging with customers, we are creating products that reflect users’ primary needs. </p>
<p><strong>Innovative hiring</strong></p>
<p>To innovate this year, we need top notch staff to join us to build next generation examination systems for the USPTO. To reach our ambitious hiring goal of bringing in nearly 200 new employees, we are talking to candidates nationwide. So, whether you live in Detroit, Silicon Valley, or here in the Washington, D.C. area, you can contribute to powerful IT work. <a href="https://www.usajobs.gov/JobSearch/Search/GetResults?OrganizationID=CM56&ApplicantEligibility=All">View our open opportunities on USAJobs</a>. It’s a great opportunity to help build civic systems that matter, last, and will drive the nation’s economic prosperity. We also will invest heavily in staff training this year to keep up with the pace of technological change. To meet the velocity of customer demands on IT, our workforce must have the very latest skills for 21st century innovation and superior performance.</p>
<p>I look forward to sharing more updates with you in the future as we continue to use the latest technology to support the USPTO and the public.</p>
https://www.uspto.gov/blog/director/entry/ip_stakeholders_discuss_harmonization_of
IP Stakeholders Discuss Harmonization of Substantive Patent Law at USPTO Roundtable
USPTO
2014-12-18T09:22:30-05:00
2015-07-09T05:10:38-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>On Wednesday, November 19, 2014, the USPTO hosted a roundtable on International Harmonization of Substantive Patent Law at our headquarters in Alexandria, Virginia. Roundtables like this one are essential tools for the USPTO to hear and understand stakeholder views on key intellectual property topics and their effects on various stakeholder and public policy interests, and we were glad to have a broad representation of stakeholders join us for the event. </p>
<p>In her opening remarks, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee said that although the USPTO and offices around the world have in recent years invested significantly in work sharing, the lack of harmonized laws related to key examination issues remains a barrier to more efficient and effective reuse of work. These key issues include the definition and scope of prior art, the grace period, as well as issues related to conditions for patentability, including novelty and obviousness.</p>
<p>Following Deputy Under Secretary Lee’s remarks, Commissioner for Patents Peggy Focarino introduced patent experts from the USPTO, the Japan Patent Office, the European Patent Office, and the U.K. Intellectual Property Office, who presented reports on the results of recent surveys on specific harmonization issues, including the grace period.</p>
<p>The roundtable discussion that followed was moderated by Robert Armitage, former General Counsel for Eli Lilly and Company, and featured panelists representing a broad spectrum of U.S. stakeholder interests, including: Q. Todd Dickinson, former USPTO Director; Herb Wamsley, Executive Director, Intellectual Property Owners Association of America; Hans Sauer, Associate General Counsel, Biotechnology Industry Organization; and James Love, Director, Knowledge Ecology International. </p>
<p>The panelists gave their views on the importance of harmonization and its impacts on stakeholders and the public, and indicated a willingness to be flexible in achieving workable compromise solutions. We will use this input and the position of flexibility as we work with partner offices to determine an appropriate course to decrease work sharing barriers. </p>
<p>Throughout the next year, the USPTO Office of Policy and International Affairs will work closely with our international counterparts in Group B+, our group in the World Intellectual Property Organization (WIPO), to establish a clear path forward in patent law harmonization. <a href="http://www.uspto.gov/news/speeches/2014/lee_geneva_bplus.jsp">Read Deputy Director Lee’s remarks</a> to the heads of Group B+ offices at WIPO, September 23, 2014 in Geneva, Switzerland.</p>
<p>Learn more about the <a href="http://www.uspto.gov/ip/officechiefecon/roundtable_2014-11-19.jsp">Roundtable on International Harmonization of Substantive Patent Law</a> or <a href="http://new.livestream.com/uspto/nov14harmoniz">watch the webcast</a>.</p>
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>On Wednesday, November 19, 2014, the USPTO hosted a roundtable on International Harmonization of Substantive Patent Law at our headquarters in Alexandria, Virginia. Roundtables like this one are essential tools for the USPTO to hear and understand stakeholder views on key intellectual property topics and their effects on various stakeholder and public policy interests, and we were glad to have a broad representation of stakeholders join us for the event. </p>
<p>In her opening remarks, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee said that although the USPTO and offices around the world have in recent years invested significantly in work sharing, the lack of harmonized laws related to key examination issues remains a barrier to more efficient and effective reuse of work. These key issues include the definition and scope of prior art, the grace period, as well as issues related to conditions for patentability, including novelty and obviousness.</p>
<p>Following Deputy Under Secretary Lee’s remarks, Commissioner for Patents Peggy Focarino introduced patent experts from the USPTO, the Japan Patent Office, the European Patent Office, and the U.K. Intellectual Property Office, who presented reports on the results of recent surveys on specific harmonization issues, including the grace period.</p>
<p>The roundtable discussion that followed was moderated by Robert Armitage, former General Counsel for Eli Lilly and Company, and featured panelists representing a broad spectrum of U.S. stakeholder interests, including: Q. Todd Dickinson, former USPTO Director; Herb Wamsley, Executive Director, Intellectual Property Owners Association of America; Hans Sauer, Associate General Counsel, Biotechnology Industry Organization; and James Love, Director, Knowledge Ecology International. </p>
<p>The panelists gave their views on the importance of harmonization and its impacts on stakeholders and the public, and indicated a willingness to be flexible in achieving workable compromise solutions. We will use this input and the position of flexibility as we work with partner offices to determine an appropriate course to decrease work sharing barriers. </p>
<p>Throughout the next year, the USPTO Office of Policy and International Affairs will work closely with our international counterparts in Group B+, our group in the World Intellectual Property Organization (WIPO), to establish a clear path forward in patent law harmonization. <a href="http://www.uspto.gov/news/speeches/2014/lee_geneva_bplus.jsp">Read Deputy Director Lee’s remarks</a> to the heads of Group B+ offices at WIPO, September 23, 2014 in Geneva, Switzerland.</p>
<p>Learn more about the <a href="http://www.uspto.gov/ip/officechiefecon/roundtable_2014-11-19.jsp">Roundtable on International Harmonization of Substantive Patent Law</a> or <a href="http://new.livestream.com/uspto/nov14harmoniz">watch the webcast</a>.</p>
https://www.uspto.gov/blog/director/entry/guidance_on_subject_matter_eligibility
Guidance on Subject Matter Eligibility Issued
USPTO
2014-12-15T07:10:44-05:00
2014-12-15T07:10:44-05:00
<p><em>Guest blog by USPTO Commissioner for Patents Peggy Focarino</em></p>
<p>Following the valuable feedback that we received from the public through written comments and multiple public meetings over the last several months, we are issuing new examination guidance on subject matter eligibility under § 101 in view of the U.S. Supreme Court’s recent decisions in Alice Corp., Myriad, and Mayo. You can find the guidance in a Federal Register notice <a href="https://www.federalregister.gov/articles/2014/12/16/2014-29414/2014-interim-guidance-on-patent-subject-matter-eligibility">officially published on December 16, 2014</a>, entitled “2014 Interim Guidance on Patent Subject Matter Eligibility.” Claim examples have been developed to illustrate the analysis set forth in the guidance. A set of examples relating to nature-based products are <a href="http://www.uspto.gov/patents/law/exam/interim_guidance_subject_matter_eligibility.jsp">posted on the USPTO website</a> and a set of examples relating to abstract ideas will be released shortly. This guidance is the latest <font face="Palatino Linotype">– </font>but not necessarily the last <font face="Palatino Linotype">– </font>iteration of our ongoing implementation of these Supreme Court decisions.</p>
<p>I want to address two aspects about the 2014 Interim Eligibility Guidance in particular. First, the guidance explains the USPTO's interpretation of subject matter eligibility requirements in view of the Alice Corp., Myriad, and Mayo Supreme Court decisions and sets forth an integrated approach for patent examiners in making determinations regarding subject matter eligibility. This guidance incorporates principles emphasized in Alice Corp. and provides more details than our <a href="http://www.uspto.gov/patents/announce/alice_pec_25jun2014.pdf">initial examination instructions</a> issued immediately after the Alice Corp. decision. </p>
<p>Second, the guidance reflects a significant change from the examination guidance previously issued in response to Myriad and Mayo. The changes were triggered by the feedback we solicited and received from the public, as well as refinements necessitated by the Alice Corp. decision. </p>
<p>More specifically, you may recall that earlier this year we released preliminary examination guidance on evaluating eligibility of claims reciting laws of nature, natural phenomena, and natural products in the wake of Myriad and Mayo. Following that release, the Supreme Court issued the Alice Corp. decision and as per usual, we issued preliminary instructions on eligibility determinations of claims directed to abstract ideas. We sought public feedback on both sets of guidance, through written comments as well as a number of public events. We were pleased to receive numerous comments on both sets of guidance from a diverse group of stakeholders, including legal organizations, industry organizations, law firms, corporate entities, universities, and individuals. We carefully considered input from the public and our own patent examiners in addressing possible revisions both to our guidance stemming from Myriad and Mayo as well as Alice Corp. That led us to make changes to our analysis of subject matter eligibility under § 101, now set forth in the 2014 Interim Eligibility Guidance. We crafted this guidance to be a more straightforward eligibility analysis, one that promotes examination efficiency and consistency while conforming with the principles in the Supreme Court decisions. </p>
<p>We will continue to solicit stakeholder feedback as we further refine our examination guidance. The Federal Register notice outlining our new guidance announces a 90-day written comment period, and we encourage the public to submit comments. In addition, we plan to host a public outreach forum on the 2014 Interim Eligibility Guidance in mid-January, where you will have the opportunity to provide input in person or via the web. Stay tuned for more details, which will be posted on our website.</p>
<p>Through regular public engagement in this process, we welcome and will consider all viewpoints as we continue to refine our examination procedures for claims for subject matter eligibility.</p>
https://www.uspto.gov/blog/director/entry/uspto_releases_its_fy_2014
USPTO Releases its FY 2014 Performance and Accountability Report (PAR)
USPTO
2014-12-12T08:50:45-05:00
2014-12-12T08:50:45-05:00
<p><em>Guest Blog by Tony Scardino, Chief Financial Officer</em></p>
<p>I’m pleased to announce the USPTO has published its <a href="http://www.uspto.gov/about/stratplan/ar/USPTOFY2014PAR.pdf">Performance and Accountability Report (PAR) for fiscal year (FY) 2014</a>. The PAR serves as the USPTO’s annual report, similar to what private sector companies prepare for their shareholders. Each year the USPTO publishes this report to update the public on our performance and financial health. </p>
<p>Our PAR charts the agency’s progress toward meeting goals outlined in our new 2014-2018 USPTO Strategic Plan: optimizing patent quality and timeliness; optimizing trademark quality and timeliness; and providing domestic and global leadership to improve intellectual property policy, protection, and enforcement worldwide. These goals govern the quality and quantity of our service to intellectual property owners and USPTO stakeholders. In addition, the PAR provides information on the USPTO’s progress toward a broader management goal: achieving organizational excellence.</p>
<p>Here at the USPTO, we take pride in producing a PAR that meets the highest standards of quality and accountability. The PAR contains a wealth of data and historical information of interest to our stakeholders, including data on patent and trademark examining activities, application filings, and agency staffing levels. This information is conveniently presented in the Workload Tables section at the end of the PAR.</p>
<p>On the issue of financial performance, FY 2014 marks the 22nd consecutive year that the USPTO’s financial statements received an unmodified audit opinion. Our clean audit opinion gives the public independent assurance that the information presented in the agency’s financial statements is fairly presented and follows generally accepted accounting principles. In addition, the auditors reported no material weaknesses in the USPTO’s internal controls, and no instances of non-compliance with laws and regulations affecting the financial statements.</p>
<p>While the PAR is a record of our achievements, it is also an honest discussion of the challenges we face as an agency moving forward in FY 2015. Among our challenges and opportunities, we will be managing the transition to an inventory maintenance patent processing operation as we come closer to our pendency and inventory targets in the future; promoting trademark application processing efficiency with fee reductions; securing sustainable funding in an era of increased budgetary pressures; and providing information technology (IT) support for a nationwide workforce with a “24/7/365” operational capability.</p>
<p>The PAR is a faithful snapshot of the USPTO’s FY 2014 performance. I hope you find value in this document, and that it allows you to glean greater insights into the agency’s activities and achievements.</p>
https://www.uspto.gov/blog/director/entry/update_on_uspto_satellite_offices
Update on USPTO Satellite Offices
USPTO
2014-12-04T07:16:02-05:00
2014-12-04T07:16:02-05:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>In an era where our stakeholders’ businesses are rapidly evolving and the intellectual property (IP) landscape is constantly adapting to new and emergent technologies, it’s important to ensure the USPTO can engage effectively with communities, industries, and innovators. That’s why we’ve expanded our footprint across the country, offering services at the doorsteps of entrepreneurs, and addressing challenges particular industries are facing. Our satellite offices play a crucial role in these efforts, assisting inventors, entrepreneurs, and small businesses in their respective regions, while supporting our core mission of fostering American innovation and competitiveness. </p>
<p>We are moving forward in standing up these regional hubs for innovation and look forward to opening our <a href="http://www.uspto.gov/about/locations/dallas.jsp">Texas Regional Office</a> in fall 2015, which will be located in the Terminal Annex Federal Building in <a></a>downtown Dallas. We recently posted a job announcement for a <a href="http://www.uspto.gov/dallasdirector">Regional Director</a>, responsible for general oversight of the office as the most senior ranking official representing the USPTO. We’re looking for the best and brightest candidates to assist businesses throughout the state with the challenges of navigating an IP system, and work with Texas’s burgeoning technology sectors such as the clean tech, semiconductor, and biosciences industries. The application deadline for the Regional Director position is January 10, 2015, and we anticipate appointing the Regional Director prior to the office’s opening in the fall. </p>
<p>On June 30, 2014, we held a memorable <a href="http://www.uspto.gov/news/denveropening.jsp">opening ceremony</a> for the <a href="http://www.uspto.gov/about/locations/Denver.jsp">Rocky Mountain Regional Office</a> located in the Byron G. Rogers Federal Building in Denver, Colorado, attended by a number of government officials and regional stakeholders. The Denver office serves as a one-stop shop for the Rocky Mountain region’s entrepreneurs to get cutting-edge ideas to the marketplace faster, grow their businesses, and enable them to create new, high-skilled jobs. Under the leadership of Regional Director Russ Slifer, the Denver office has already welcomed its third class of patent examiners, putting it well on the path to hire a full staff of 100 by summer 2015. Additional outreach activities have included press interviews, an <a href="http://www.uspto.gov/news/pr/2014/14_23.jsp">AIA First-Inventor-to-File Roadshow stop</a>, and a patent examiner hiring event.</p>
<p>Excitement is building as the <a href="http://www.uspto.gov/about/locations/Silicon_Valley.jsp">West Coast Regional Office</a>, operating out of Menlo Park, California since 2012, remains on track to open in spring 2015 in its permanent location in San Jose City Hall. The office continues to expand through training programs, workshops, and partnerships with local innovators, while Regional Director John Cabeca has been reaching out to stakeholders in the unique innovation ecosystems of California, Washington, and Oregon. The office is actively engaging with the entrepreneurial community while tailoring programs and events to the region’s unique industries, such as the <a href="http://www.uspto.gov/about/contacts/phone_directory/pat_tech/cybersecurity-partenership-mtg.jsp">USPTO’s first Cybersecurity Industry Partnership</a> meeting on November 14, 2014. </p>
<p>Meanwhile, the <a href="http://www.uspto.gov/about/locations/detroit.jsp">Elijah J. McCoy satellite office in Detroit</a>, which opened in one of our nation’s historic innovation hubs in July 2012 as our first satellite office, is thriving. On November 18, the State Bar of Michigan’s Intellectual Property Law Association and Pro Bono Initiative kicked off the Michigan Patent Pro Bono Program, a critical milestone in the expansion of the <a href="http://www.uspto.gov/inventors/proseprobono">USPTO Pro Bono Program</a>. Saturday Seminar sessions provide training to independent inventors and small businesses on the importance of IP protection, and the Patent Trial and Appeal Board (PTAB) is making headway reducing the inventory of trial and appeal cases in a new space that includes a hearing room. Also, the PTAB twice visited Detroit this year to host educational forums about the AIA trials. We anticipate announcing the name of our new Regional Director of the Detroit office in the coming weeks. </p>
<p>In September, we submitted to Congress our <a href="http://www.uspto.gov/aia_implementation/USPTO_AIASatelliteOfficesReport_2014Sept30_Online.pdf">report on satellite offices</a> highlighting our significant outreach activities that have touched major stakeholders and have actively raised awareness of IP in all the satellite locations. Finally, we are currently accepting applications until December 29, 2014 for administrative patent judges in <a href="https://www.usajobs.gov/GetJob/ViewDetails/387738900">Alexandria, Dallas, Denver, and Silicon Valley</a>, and <a href="https://www.usajobs.gov/GetJob/ViewDetails/387737000">Detroit</a>.</p>
<p>USPTO satellite offices are critical to accomplishing our goal to support technological innovation and creativity, and I’d like to recognize the support of regional stakeholders, local and federal government officials, and the hard-working USPTO personnel in each location. The upcoming year promises to be an exciting one for our satellite offices as we’ll be cutting the ribbon on the permanent space for our final two. I will continue to keep you informed about the grand openings and other new developments. We look forward to bringing you even better and more convenient services to your local innovation communities.</p>
https://www.uspto.gov/blog/director/entry/uspto_establishes_special_examination_unit
USPTO Establishes Special Examination Unit for Pro Se Applicants
USPTO
2014-11-24T09:46:32-05:00
2014-11-25T05:50:51-05:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>The United States Patent and Trademark Office (USPTO) is committed to assisting inventors by offering education and tools to those who file U.S. patent applications without the help of a patent attorney or agent. This is known as pro se filing. Our Office of Innovation Development (OID) has a long history of helping pro se filers and independent inventors understand and navigate the patenting process as well as offering a <a href="http://www.uspto.gov/inventors">variety of resources</a> and outreach programs to the public. The agency is now expanding these services by piloting a special unit focused on examining applications filed by pro se applicants. The new Pro Se Pilot Examination Unit is the product of an <a href="http://www.uspto.gov/patents/init_events/executive_actions.jsp#heading-8">executive action</a> issued by the White House earlier this year. </p>
<p>The Pro Se Pilot Examination Unit began in October 2014 and will operate for at least one year. Comprised of experienced examiners from all scientific disciplines, these examiners receive training surrounding issues often encountered by pro se applicants, such as how to respond to a Notice of Missing Parts or how to revive an unintentionally abandoned application. In addition, the examiners provide <a href="http://www.uspto.gov/inventors/prose.jsp">customer support</a> and answer general patent related questions via a toll-free number, email, or a walk-in service. Lastly, they spearhead development of specialized training materials on the intricacies of filing a patent application. </p>
<p>Applications filed by pro se applicants are randomly assigned to the Pro Se Pilot Examination Unit. By comparing data for applications examined by the unit against a control group of pro se applications filed during the same time period, the office can evaluate the effectiveness of the program. Likewise, the office can further improve the training and resources available to not only pro se and independent inventors but also other examiners.</p>
<p>The Pro Se Pilot Examination Unit is one more way the USPTO fulfils its duties to promote the advancement of technology, and to ensure creators benefit from their intellectual property and that society benefits from their inventions as well. Learn more about the <a href="http://www.uspto.gov/inventors/prose.jsp">Pro Se Assistance Program</a> on our website.</p>
https://www.uspto.gov/blog/director/entry/patent_pro_bono_program_expansion
Patent Pro Bono Program Expansion to Benefit Inventors Nationwide
USPTO
2014-11-18T11:43:27-05:00
2014-11-18T11:43:27-05:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>Helping small businesses and independent inventors with limited resources is an important goal of the USPTO, and supports the Administration’s commitment to balance the playing field for all entrepreneurs looking to innovate. It also supports the <a href="http://www.uspto.gov/patents/init_events/executive_actions.jsp#heading-8">White House executive actions</a> issued to improve the patent system. One of those executive actions aims to expand coverage of the Patent Pro Bono Program to all 50 states, and I am pleased to announce that we are making great strides towards bringing pro bono assistance to inventors across the country. </p>
<p>Because patents fuel our economy and stimulate job creation, the USPTO wants to make sure the patent system is accessible to all. With this in mind, the USPTO works with intellectual property law associations and local bar associations across the country to help them establish pro bono inventor assistance programs in their specific regions. The Patent Pro Bono Program provides free legal assistance to under-resourced inventors and small businesses interested in securing patent protection for their inventions. By working closely with these associations, we are spreading the word about the importance of intellectual property and USPTO services, and in turn supporting the innovation economy.</p>
<p>Currently, patent pro bono assistance is available in Alaska, Arizona, California, Colorado, the District of Columbia, Hawaii, Idaho, Louisiana, Maryland, Massachusetts, Minnesota, Montana, Nevada, New York, North Carolina, Ohio, Oregon, South Carolina, Texas, Virginia, and Washington. To establish coverage in the remaining states, the USPTO has formed a Pro Bono Team which is working with non-profit organizations and local bar associations to devise strategies for providing the needed assistance. Please join us in this worthy effort and help support American innovation by contacting the Pro Bono Team at <a href="mailto:PatentProBono@uspto.gov">PatentProBono@uspto.gov</a>. The USPTO values assistance from stakeholders and partners in these important efforts, because strengthening our patent system is something we will accomplish together.</p>
<p>Let me tell you a little more about how the Patent Pro Bono Program works. Independent inventors may apply to receive pro bono attorney representation in one of two ways – either through the <a href="http://www.fedcirbar.org/olc/pub/LVFC/cpages/misc/pto.jsp">National Clearinghouse administered by the Federal Circuit Bar Association</a> or by contacting the regional program in their state. Program requirements vary, but generally, they require that: (1) the inventor reside in a participating state; (2) earn less than a gross household income limit; (3) demonstrate minimal knowledge of the patent system; and (4) have an invention to patent (as opposed to a mere idea). If an inventor meets these requirements, and any other ones set by the regional program, then the regional program will attempt to match the inventor with a local volunteer patent attorney to represent the inventor.</p>
<p>I want to acknowledge the success that the Patent Pro Bono Program has had thus far. Minnesota was the first state to setup a Patent Pro Bono Program in 2011, and since then, Minnesota volunteer attorneys have helped 14 Minnesota inventors secure patent protection for their inventions. Additionally, 35 other Minnesota inventors, represented by Minnesota volunteer attorneys, have patent applications pending before the USPTO. These results are testimony to the utility and need for the Patent Pro Bono Program.</p>
<p>I’m excited to announce that on November 18, 2014, the State Bar of Michigan’s Intellectual Property Law Association and Pro Bono Initiative kicked off the Michigan Patent Pro Bono Program at the Elijah J. McCoy USPTO Satellite Office in Detroit. Stay tuned as we expand the Patent Pro Bono Program to more states.</p>
<p>The Patent Pro Bono Program serves a vital role in the marketplace of innovation. <a href="http://www.uspto.gov/inventors/proseprobono/">Visit our website</a> for more information on how to volunteer to represent an under-resourced inventor.</p>
https://www.uspto.gov/blog/director/entry/patent_examiner_technical_training_connecting
Patent Examiner Technical Training: Connecting Scientific Experts with Patent Examiners to Strengthen the Patent System
USPTO
2014-11-06T05:19:52-05:00
2014-11-06T05:19:52-05:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>In February of this year, the White House issued three new executive actions aimed, in part, at strengthening the quality and accessibility of our patent system. One of these initiatives focused on the critical need for examiners to stay up-to-date in their technical fields of expertise through more robust technical training to enable them to perform the best examination possible. We address this request from the president via our <a href="http://www.uspto.gov/patents/pettp.jsp">Patent Examiner Technical Training Program</a> (PETTP).</p>
<p>PETTP allows scientists, engineers, professors, industrial designers, and other technology experts the opportunity to provide technical training directly to patent examiners. Specifically, volunteer guest lecturers share their expertise on technical developments, the state of the art, emerging trends, maturing technologies, and recent innovations. Just this year, more than ninety experts have provided training to examiners on topics ranging from nanotechnology to virtual reality welding to the chemistry of chocolate. We thank <a href="http://www.uspto.gov/patents/pettp-thanks-you.jsp">those individuals who have already participated in the program</a> and are eager to add new volunteers to our training roster going forward.</p>
<p>PETTP events are hosted throughout the year to meet the scheduling needs of presenting volunteers and our staff. Experts who are willing to give their time and incur any travel expenses can visit the USPTO in Alexandria, one of our satellite offices in Denver and Detroit, or present via Webcast from their own location. In calendar year 2015 our satellite offices in Silicon Valley and Dallas will also be open to host PETTP events. Presentation formats are flexible and generally are up to two hours in length, including a question and answer session.</p>
<p>For the first time this year, we are hosting a Tech Week for our examiners to offer training during a concentrated span of five days. From December 1 to 5, speakers from all technical fields will give lectures to the examiners in all of the USPTO’s Technology Centers. We are especially in need of speakers in the biotech, chemical, communications, design areas, so I invite those of you with expertise in these fields to consider participating.</p>
<p>It’s easy to volunteer for PETTP training—either for Tech Week or any other time of year; simply sign up through an <a href="http://www.uspto.gov/patents/pettp-signup.jsp">online form</a> or email us at <a href="mailto:Examiner_Technical_Training@uspto.gov">Examiner_Technical_Training@uspto.gov</a>. Together, we are building an even stronger patent system through initiatives like PETTP. Be part of this development by volunteering as a PETTP technical lecturer.</p>
https://www.uspto.gov/blog/director/entry/ptab_hits_the_road_again
PTAB Hits the Road Again in November 2014 for Detroit Region Roadshows about the AIA Trials
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2014-10-28T06:37:36-04:00
2014-10-28T06:37:36-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>Stakeholder engagement is a critical mission of the USPTO, and I am excited to share that the Patent Trial and Appeal Board <a href="http://www.uspto.gov/ip/boards/bpai/detroit_region_roadshows_2014.jsp">will visit the Great Lakes region</a> to provide more training about the AIA trials. In November, the board will visit Detroit, Cleveland, Pittsburgh, Chicago, Milwaukee, and Minneapolis for afternoon, interactive programs. Earlier this spring, the board engaged with stakeholders in a variety of cities on a listening tour to consider revisions to the AIA trial rules and guidance. In these upcoming sessions, the board is focused on teaching the public how to strengthen their AIA trial filings.</p>
<p>In particular, stakeholders will hear a “State-of-the-Board” address, providing an update on recent developments including the volume of AIA trial filings and administrative patent judge hiring. The board also will host a “PTAB Feud” game show in which members of the public compete to answer questions and learn about the AIA trials. Lastly, the board has developed an AIA trial workshop involving a mock scenario in which a petitioner wishes to assert a challenge against a patent. The audience will break into teams, each facilitated by a judge, to discuss which type of petition to file and what issues might arise from both the petitioner’s and patent owner’s perspectives. Topics of discussion will include bars to filing, real party-in-interest and joinder considerations, and claim construction. The teams likewise will decide whether to institute an AIA trial, and if so, on what grounds and for which claims. In Detroit, the PTAB will host an actual AIA trial hearing in lieu of the workshop.</p>
<p>Besides the roadshows, the PTAB continues to hire more talented IP practitioners as judges. In fiscal year 2014, the board brought on 44 new judges, raising the total to 214. This fiscal year, the board is eager to continue growing, both in the Alexandria headquarters as well as all our satellite office locations. If you enjoy high end legal work involving cutting edge science, then an administrative patent judge position may be just for you.</p>
<p>In sum, I encourage you to take part in one of the Detroit Region Roadshows so that you can become even more versed in the nuances of the AIA trials. To learn more about a judge position, please visit <a href="http://www.usajobs.gov/">www.usajobs.gov</a>. Our AIA trial proceedings help strengthen our patent system, and we’re thankful for the stellar leadership demonstrated by our administrative patent judges on the PTAB.</p>
https://www.uspto.gov/blog/director/entry/roundtables_engage_the_public_on
Roundtables Engage the Public on Digital Copyright Policy
USPTO
2014-09-18T05:29:50-04:00
2014-09-18T05:29:50-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>As part of the U.S. Department of Commerce’s Internet Policy Task Force, the USPTO and the National Telecommunications and Information Administration (NTIA), have been traveling around the country over the past few months, holding roundtables to hear from the public on a number of important digital copyright policy issues first set forth in the <a href="http://www.uspto.gov/news/publications/copyrightgreenpaper.pdf">Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy</a>.</p>
<p>We hosted roundtables in Nashville, Tennessee; Cambridge, Massachusetts; and Los Angeles and Berkeley, California, to discuss issues relating to: 1) the legal treatment of remixes; 2) the relevance and scope of the first sale doctrine in the digital age; and 3) the appropriate calibration of statutory damages in the context of individual file sharers and of mass online services. We were pleased that the Copyright Office was able to join us for the Nashville and Los Angeles roundtables.</p>
<p>I am happy to report that we had a high level of participation at the roundtables. More than 60 people joined the panel discussions, and more than 750 observed, either in person or online. We heard from a diverse group of stakeholders from across the U.S., including composers in Nashville, technology companies in Berkeley, publishers and librarians in Cambridge, independent filmmakers in Los Angeles, as well as academics, public interest advocates, and representatives from major copyright industries at all four locations.</p>
<p>We were able to learn a great deal from the in-depth, constructive engagement at each of the roundtables. Both the participants and the public provided many helpful ideas that offered us a wide range of views, considerations and policy options. We are now working to absorb and evaluate all of this valuable input, in addition to the written public comments we received in response to our two Notices of Inquiry. In early 2015, we plan to issue a paper presenting our conclusions and recommendations, and look forward to sharing updates on this initiative in the future.</p>
https://www.uspto.gov/blog/director/entry/expanded_2014_edison_scholars_program
Expanded 2014 Edison Scholars Program to Focus on Litigation Issues
USPTO
2014-09-16T05:54:26-04:00
2014-09-16T05:54:26-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>I’m delighted to welcome our 2014 Thomas Alva Edison Visiting Scholars to the USPTO. The Edison Scholar program, which <a href="http://www.uspto.gov/news/pr/2012/12-13.jsp">began in 2012</a>, enlists the services of distinguished academic researchers to study intellectual property issues that further the USPTO’s mission and the public interest. The scholars devote up to six months of full time service to the agency, or up to a year in part-time service.</p>
<p>Past Edison Scholars have studied ways to improve the USPTO’s efficiency and performance, decrease burdens on applicants, and improve patent quality and clarity. Their work has generated <a href="http://www.uspto.gov/blog/director/entry/the_uspto_thomas_alva_edison">concrete proposals for patent policy</a> and continues to deliver exceptional results.</p>
<p>Because of its success, the <a href="http://www.whitehouse.gov/the-press-office/2013/06/04/fact-sheet-white-house-task-force-high-tech-patent-issues">White House Task Force on High-Tech Patent Issues</a> directed the USPTO to expand the Edison Scholars program to study an issue that is of particular and urgent interest, abusive patent litigation. Last fall, the USPTO issued a <a href="http://www.uspto.gov/ip/init_events/Edison_Scholar_call_for_proposals_08-30-13.pdf">call for proposals</a> and began a competitive selection process to fulfill this mandate. We have five Edison Scholars this year, including three “Research Fellows” who were selected to specifically develop and publish robust data and research on litigation issues. They’ll be working within our Office of Policy and International Affairs, led by Chief Policy Officer Shira Perlmutter. We look forward to the contributions of all the 2014 Edison Scholars on these essential topics.</p>
<p>2014 Thomas Alva Edison Visiting Scholars</p>
<p><a href="https://www.law.ox.ac.uk/profile/graeme.dinwoodie">Graeme Dinwoodie</a> is professor of Intellectual Property and Information Technology Law at the University of Oxford, Director of the Oxford IP Research Centre, and a Professorial Fellow of St. Peter’s College. Professor Dinwoodie is an international authority on comparative IP law and is the author of five casebooks. He earned his J.S.D. from Columbia Law School.</p>
<p>Research topic: Professor Dinwoodie will study the role of trademark registrations in defining rights as to infringement, whether to confirm market usage rights already in effect or to provide broader protections that enable economic expansion.</p>
<p><a href="http://www.law.depaul.edu/faculty_staff/faculty_information.asp?id=21">Joshua Sarnoff</a> is professor of law at the DePaul University College of Law. Professor Sarnoff has published widely on patent and administrative law and innovation policy, and has been a frequent source of expert testimony on legislative reforms and amicus briefs in the Supreme Court. He earned his J.D. from Stanford Law School and has served on the faculties of American University and the University of Arizona.</p>
<p>Research topic: Professor Sarnoff will study the impact of differing legal standards for patent validity in administrative and judicial settings. </p>
<p><a href="http://www.wcl.american.edu/faculty/joanderson/">Jonas Anderson*</a> is an assistant professor of law at the American University Washington College of Law. Professor Anderson is a past Microsoft Research Fellow at the Berkeley Center for Law and Technology. After earning his J.D. from Harvard Law School, he clerked for Judge Alan Lourie at the U.S. Court of Appeals for the Federal Circuit.</p>
<p>Research topic: Professor Anderson will classify and evaluate which types of patent claim terms are particularly difficult for courts and innovators to construe in determining the scope of patent rights. </p>
<p><a href="http://www.rhsmith.umd.edu/faculty/jbailey/">Joseph Bailey*</a> is a Research Associate Professor at the University of Maryland Smith School of Business and Executive Director of the interdisciplinary QUEST course of study in innovation and quality systems management. Dr. Bailey studies the economics and public policy of interoperability and e-commerce. He earned his Ph.D. in Technology, Management and Policy from MIT.</p>
<p>Research topic: Professor Bailey will study how machine reading and process improvement can help refine patent examination, particularly in identifying the prior art that legally limits the scope of patent rights. </p>
<p><a href="http://w4.stern.nyu.edu/faculty/bio/deepak-hegde">Deepak Hegde*</a> is an assistant professor of Management and Organizations at the NYU Stern School of Business. Dr. Hegde has previously served as a visiting scholar in the USPTO Office of Chief Economist and has published on innovation and business strategy in high-technology industries. He earned his Ph.D. in Business Administration from the Haas School of Business at UC-Berkeley.</p>
<p>Research topic: Professor Hegde will study patent examination quality by analyzing of how past policies have affected the USPTO patent quality metrics, with a focus on the downstream incidence of patent litigation.</p>
<p>*Research Fellow focusing on abusive patent litigation</p>
<p>Learn more about the <a href="http://www.uspto.gov/ip/init_events/edisonscholar.jsp">Edison Scholars Program</a>.</p>
https://www.uspto.gov/blog/director/entry/uspto_s_plain_language_toolkit
USPTO’s Plain Language Toolkit Empowers Public on Patent Litigation
USPTO
2014-09-15T06:45:48-04:00
2014-09-15T06:45:48-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>Following President Obama’s 2014 State of the Union call to curb abusive patent litigation, I joined with the National Economic Council and Secretary of Commerce Penny Pritzker to announce the <a href="http://www.uspto.gov/blog/director/entry/building_a_better_patent_system">progress the USPTO had made in response to some of the president’s executive actions</a> on the subject. This included one to publish an online Patent Litigation Toolkit to empower and inform “Main Street” retailers and consumers that may have been threatened with a patent lawsuit or received a demand letter. It was developed to provide plain language answers to key questions. Today I would like to provide further detail on the toolkit and how it might be useful to you.</p>
<p>The online toolkit features several Web pages containing plain language answers to commonly asked questions about demand letters and patent infringement complaints, such as: <br />• what a patent is,<br />• what to do if sued for patent infringement, and <br />• what to do after receiving a demand letter.</p>
<p>To the extent that legal terms are included, the toolkit has a useful glossary to ensure that consumers and “Main Street” retailers are on the same page. By presenting the information in as straightforward a manner as possible, the USPTO sees this toolkit as a first-stop for people learning about their rights and trying to understand the various courses of action available under their circumstances.</p>
<p>The toolkit also features links to many external websites offering certain services free of charge (some with site registration required) that may assist persons faced with demand letters or infringement suits. </p>
<p>For example, if you’ve received a demand letter or patent infringement complaint and want to determine how best to proceed, it’s useful to collect as much information as possible about the patent being asserted. With this in mind, the toolkit provides links to sites that help identify whether others have been sued regarding the same patent. This can help you locate parties who might have faced similar issues. Additionally, the toolkit links to sites with information about other legal proceedings involving the patent, including proceedings before the USPTO.</p>
<p>The toolkit provides access to a patent attorney database, and it features information about law school clinics that have programs to advise and/or represent entities such as small inventors and entrepreneurs who otherwise would not have access to high-quality intellectual property law services.</p>
<p>While nothing in the toolkit constitutes legal advice or should be considered to replace advice from an attorney, I hope that you find the toolkit a helpful resource of information to get started. I applaud the efforts of those in the private sector making information publicly available so that everyone can better navigate the ever-evolving intellectual property landscape and together build an ever-stronger intellectual property system.</p>
<p>Thanks to the ongoing input we have received, we continually hone this “evergreen” resource to provide plain language information to empower the public. I encourage you to continue to help make the toolkit an even more powerful resource by sharing the challenges you may be facing by using the comment/suggestion box at the bottom of each page of the toolkit. What you share with us gives us ideas on how to make the toolkit even more useful. </p>
<p>Visit the <a href="http://www.uspto.gov/patents/litigation/index.jsp">Patent Litigation Toolkit</a> website, and join us for a <a href="http://www.uspto.gov/patents/init_events/PatLit_Flyer.pdf">webinar on Thursday September 18 at 12:00pm ET</a> to learn more.</p>
https://www.uspto.gov/blog/director/entry/the_uspto_mbda_webinar_series
The USPTO-MBDA Webinar Series Continues in August
USPTO
2014-08-05T10:55:28-04:00
2014-08-05T10:55:28-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee<br /></em><br />The USPTO remains committed to helping America’s inventors, small business owners, and entrepreneurs accelerate their innovative products and technologies to the marketplace. Earlier this year we launched a free <a href="http://www.uspto.gov/inventors/events/MBDA.jsp">webinar series</a> in collaboration with the <a href="http://www.mbda.gov/">Minority Business Development Agency</a> (MBDA) as part of our ongoing efforts to extend education and outreach on intellectual property (IP) protection and to better assist the public in navigating the systems for acquiring patents, trademarks, and copyrights. </p>
<p>Each hour-long webinar focuses on specific IP topics. The next installment, “Filing an IP Application Electronically,” will run August 12 through 14 and participants will learn how to use the USPTO’s online tools for filing a patent or trademark application. Online filing is simply the easiest, fastest, and most cost-effective way for filing a patent or trademark application. In 2013, 98.1 percent of all U.S. patent applications were filed with the USPTO <a href="http://www.uspto.gov/patents/process/file/efs/index.jsp">Electronic Filing System</a> (EFS-Web) and more than 99 percent of all trademark applications were filed via the <a href="http://www.uspto.gov/trademarks/teas/index.jsp">Trademark Electronic Application System</a> (TEAS). Filing online reduces processing costs through discounted fees and promotes efficiency for the USPTO and our customers. </p>
<p>While there is no cost for the next USPTO-MBDA webinar, virtual space is limited, so you’ll want to <a href="http://www.mbda.gov/main/webinar-registration-copyrights-patents-and-trademarks-electronic-filing">register</a> as soon as you can. Speakers will include experts from our Trademarks, Patents, and Patent Information Management offices along with a representative from the U.S. Copyright Office to discuss the system used for registering copyrights. </p>
<p>Our agency’s core mission is to foster American innovation and competitiveness by ensuring that current and future inventors have access to the resources they need to succeed. Working closely with our Department of Commerce partner agency, the USPTO-MBDA webinar series is another example of our commitment in providing those resources. I encourage everyone to take advantage of this opportunity. It’s never been easier to learn how to protect your IP!</p>
https://www.uspto.gov/blog/director/entry/update_on_uspto_s_implementation
Update on USPTO's Implementation of 'Alice v. CLS Bank'
$entry.creator.screenName
2014-08-04T12:36:14-04:00
2014-08-04T12:36:14-04:00
<p><em>Guest blog by USPTO Commissioner for Patents Peggy Focarino</em></p>
<p>Today I would like to address our ongoing implementation of the June 19, 2014, unanimous <a href="http://www.supremecourt.gov/opinions/13pdf/13-298_7lh8.pdf">Supreme Court decision</a> in <em>Alice Corporation Pty. Ltd. v. CLS Bank International, et al. (Alice Corp.)</em>. In the decision, the court held claims to a computerized scheme for mitigating settlement risk patent-ineligible because they are drawn to an abstract idea. I want to share with you the steps we’re taking to implement the decision. </p>
<p>First, on June 25th, we issued <a href="http://www.uspto.gov/patents/announce/alice_pec_25jun2014.pdf">preliminary examination instructions</a> to assist examiners when evaluating subject matter eligibility of claims involving abstract ideas, particularly computer-implemented abstract ideas, in view of <em>Alice Corp</em>.</p>
<p>Second, the USPTO has applications that were indicated as allowable prior to <em>Alice Corp</em>., but that have not yet issued as patents. Given our duty to issue patents in compliance with existing case law, we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of <em>Alice Corp</em>. To this end, our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the <em>Alice Corp.</em> ruling.</p>
<p>We withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions. After withdrawal, the applications were returned to the originally assigned examiner for further prosecution. Over the past several days, our examiners have proactively notified those applicants whose applications were withdrawn. (Applicants who had already paid the issue fee for applications withdrawn from allowance may request a refund, a credit to a deposit account, or reapplication of the fee if the applications return to allowed status.) </p>
<p>This limited action was closely-tailored and taken specifically in reaction to the <em>Alice Corp.</em> decision. We do not anticipate further review of any applications indicated as allowable under this process, as examiners are currently following the <em>Alice Corp.</em> preliminary instructions during examination (i.e., prior to allowance).</p>
<p>Third, as we continue to study <em>Alice Corp.</em> in the context of existing and developing precedent, public feedback will assist us in formulating further guidance for our examiners. On June 30th, a <a href="http://www.gpo.gov/fdsys/pkg/FR-2014-06-30/pdf/2014-15352.pdf">Federal Register Notice</a> was published to solicit written comments from the public on the preliminary examination instructions. The period for submitting those comments ended July 31, 2014. We appreciate the comments we have received to date. All input will be carefully considered as we work to develop further examination guidance, which we anticipate issuing this coming fall.</p>
<p>We look forward to working with our stakeholders in refining our examination guidance, and will continue to seek feedback as we implement changes as the laws evolve.</p>
https://www.uspto.gov/blog/director/entry/help_improve_our_aia_trial
Help Improve our AIA Trial Proceedings
USPTO
2014-07-14T05:02:44-04:00
2014-07-14T05:11:37-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee<br /></em><br />In the spirit of transparency and collaboration with stakeholders in forming an even stronger patent system, I am pleased to share that the USPTO is seeking your written comments about the America Invents Act (AIA) trial proceedings conducted by the our Patent Trial and Appeals Board (PTAB). The USPTO's request for this input follows the series of AIA Trial Roundtables we conducted in April and May of this year. The purpose of these roundtables was to educate the public about the trials and to hear thoughts on what’s working well with them, and what are some areas for improvement. </p>
<p>The PTAB has been conducting AIA trials for nearly two years. During this time, the PTAB has gained experience and insights about the trial proceedings. The same is true for the public. As a result, the USPTO is eager to learn about these experiences and consider ways to increase the efficiency and effectiveness of these PTAB trial proceedings.</p>
<p>Late last month, we published a <a href="http://www.gpo.gov/fdsys/pkg/FR-2014-06-27/pdf/2014-15171.pdf">Federal Register Notice</a> identifying a variety of topics for written comments, including claim construction, amendment practice, and management of concurrent proceedings before the office. The topics identified in the notice reflect subject matter raised most often by the public at the roundtables, as well as additional areas the USPTO believes public input would be helpful. Here is a selection of the questions presented for your comment:</p>
<ul>
<li>Under what circumstances, if any, should the PTAB decline to construe a claim in an unexpired patent in accordance with its broadest reasonable construction in light of the specification of the patent in which it appears?<br /></li>
<li>What modifications, if any, should be made to the PTAB’s practice regarding motions to amend?<br /></li>
<li>How should multiple proceedings before the USPTO involving the same patent be coordinated? Multiple proceedings before the USPTO include, for example: (i) two or more separate AIA trials; (ii) an AIA trial and a reexamination proceeding; or (iii) an AIA trial and a reissue proceeding. </li>
</ul>
<p>After carefully reviewing the written comments along with the oral feedback from the roundtables, we will consider what, if any, changes to the trial proceedings would help improve the speed and effectiveness of the proceedings. Use this opportunity to share your experiences and <font face="times new roman,times,serif">recommendations</font>. Both positive comments and constructive criticism are welcomed, as the PTAB needs to know what aspects of the trial proceedings are working well in addition to aspects that may require some fine tuning. We have a world class patent system, and this is a golden opportunity to make it even better. I encourage you to take advantage of it, and let your voice be heard by submitting written feedback in response to the USPTO’s request for comments. The deadline is September 16, 2014.</p>
https://www.uspto.gov/blog/director/entry/continued_progress_toward_implementing_patent
Continued Progress Toward Implementing Patent Quality Executive Actions
USPTO
2014-07-03T06:39:39-04:00
2014-07-03T06:39:39-04:00
<p align="left"><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>Last June, the White House <a href="http://www.whitehouse.gov/the-press-office/2013/06/04/fact-sheet-white-house-task-force-high-tech-patent-issues">issued a number of executive actions</a> 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.</p>
<p>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 <a href="http://www.uspto.gov/patents/init_events/sw_partnership_20140722_alexandria.jsp">Software Partnership meeting</a>, but I wanted to take the opportunity to provide you with some information now.</p>
<p>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.</p>
<p>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. </p>
<p>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 <a href="http://www.uspto.gov/patents/init_events/executive_actions.jsp#heading-3">Executive Actions webpage</a>.</p>
<p>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.</p>
<p>If you’d like to learn more or have questions or comments, I encourage you to attend our next <a href="http://www.uspto.gov/patents/init_events/sw_partnership_20140722_alexandria.jsp">Software Partnership meeting</a> Tuesday, July 22, 2014, from 1-4:30 p.m. at our Alexandria campus. You may also attend online via WebEx. </p>
<p>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 <a href="http://www.uspto.gov/patents/law/exam/examguide.jsp">Examiner Guidance and Training Materials webpage</a>, 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 <a href="mailto:TrainingComments112f@uspto.gov">TrainingComments112f@uspto.gov</a>.</p>
<p>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.</p>
https://www.uspto.gov/blog/director/entry/update_on_our_satellite_offices
Update on Our Satellite Offices
USPTO
2014-06-16T12:33:38-04:00
2014-06-23T06:22:20-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>Welcome to the latest in a <a href="http://www.uspto.gov/blog/director/entry/an_update_on_our_satellite">regular series of updates</a> 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.</p>
<p>If you haven’t already heard, June 30, 2014 is the date we’re <a href="http://www.uspto.gov/news/pr/2014/1416.jsp">opening</a> our permanent satellite office in Denver, Colorado. Located in the <a href="http://www.uspto.gov/about/locations/Denver.jsp">Byron G. Rogers Federal Building</a> 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. </p>
<p>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.</p>
<p>Keep in mind our Denver office needs more than just a director. We’re currently accepting applications for <a href="https://www.usajobs.gov/GetJob/ViewDetails/371821300">Administrative Patent Judges</a>, a <a href="https://www.usajobs.gov/GetJob/ViewDetails/371104700">Deputy Regional Director for Outreach</a>, <a href="https://www.usajobs.gov/GetJob/ViewDetails/370446000">Computer Engineering Patent Examiners</a> and <a href="https://www.usajobs.gov/GetJob/ViewDetails/370445700">Electrical Engineering Patent Examiners</a>. The deadlines to apply for these jobs vary and some are coming soon, so if you want to apply, please do so quickly.</p>
<p>The Elijah J. McCoy Satellite Office in Detroit <a href="http://www.uspto.gov/news/pr/2012/12-41.jsp">opened for business in July 2012</a> 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 <a href="https://www.usajobs.gov/GetJob/ViewDetails/371571900">Regional Director</a> 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 <a href="https://www.usajobs.gov/GetJob/ViewDetails/371821200">Administrative Patent Judge</a> 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.</p>
<p>In April, the San Jose City Council unanimously approved the terms and conditions for our permanent facility in the <a href="http://www.uspto.gov/about/locations/Silicon_Valley.jsp">San Jose City Hall</a>. 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 <a href="https://www.usajobs.gov/GetJob/ViewDetails/371104700">Deputy Regional Director for Outreach</a> 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.</p>
<p>Finally, our Dallas satellite office is scheduled to open in the fall of 2015 in the <a href="http://www.uspto.gov/about/locations/dallas.jsp">Terminal Annex Federal Building</a> 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 <a href="http://www.uspto.gov/news/pr/2013/13-37.jsp">Dallas Entrepreneur Center</a> to support the innovation community, start-ups, and entrepreneurs.</p>
<p>We continue to hire <a href="https://www.usajobs.gov/GetJob/ViewDetails/371821300">Patent Trial and Appeal Board judges</a> 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 <a href="http://www.usajobs.gov/">usajobs.gov</a>.</p>
<p>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.</p>
https://www.uspto.gov/blog/director/entry/uspto_to_launch_a_glossary
USPTO to Launch a Glossary Pilot Program that Will Support a Better Patent System
USPTO
2014-06-12T10:24:37-04:00
2014-06-12T10:24:38-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>When President Obama last year announced a handful of <a href="http://www.uspto.gov/patents/init_events/executive_actions.jsp">executive actions</a> to build a better patent system, one of those actions focused on improving clarity in patent claims. The president recognized that patents with clearly defined boundaries help others avoid costly and needless litigation down the road. I’m excited to share with you some details on our <a href="http://www.uspto.gov/patents/init_events/glossary_initiative.jsp">Glossary Pilot Program</a>. I hope many will take advantage of this opportunity to work with the office and assess the impact of glossaries on patent clarity. </p>
<p>First, the basics. On March 27, we published a <a href="http://www.gpo.gov/fdsys/pkg/FR-2014-03-27/pdf/2014-06792.pdf">Federal Register Notice announcing the Glossary Pilot Program</a>. It started on June 2, 2014, and will run for six months or until 200 petitions are granted. The pilot program is designed to be flexible and accommodating to all application drafting styles, with a goal of determining if including a glossary aids in patent prosecution, and results in greater claim clarity.</p>
<p>To participate in the pilot program, a patent applicant must include a glossary in a designated portion of the patent disclosure that provides clear definitions for some terms used in the claims. The glossary should assist a reader in understanding the invention disclosed. Our team examining the use of glossaries found that some applicants already use them in patent applications. Therefore, the pilot program was created to promote the use of glossaries in software related technology applications to evaluate the impact definitions in the glossary section have on enhancing patent quality and improving the clarity of patent claims.</p>
<p>After a review of internal and external stakeholder input, the glossary pilot was designed to be flexible with regards to the types of definitions provided, so that we can see what applicants submit, and evaluate the different styles of glossaries submitted for the pilot program.</p>
<p>So who needs to pay attention to this? Clearly for patent applicants, owners, and practitioners, the submission of a glossary may help to provide clarity as to the claimed invention, improve prosecution, and provide a clearer issued patent. For inventors, having a better idea of what is already patented will help them to innovate, and for users of technology, clearer patents can help avoid needless litigation. Finally, for our patent examiners, providing definitions of key terminology should assist them in the examination process.</p>
<p>I’m looking forward to your participation in this pilot program to help evaluate the impact that a glossary has on the overall quality of patents.</p>
https://www.uspto.gov/blog/director/entry/more_details_on_trademark_fee
More Details on Trademark Fee Reductions
USPTO
2014-06-11T06:09:25-04:00
2014-06-11T06:09:25-04:00
<p><em>Guest blog by Commissioner for Trademarks Deborah Cohn</em></p>
<p>Recently, Deputy Director Lee blogged about <a href="http://www.uspto.gov/blog/director/entry/an_update_on_sustainable_funding">the status of the USPTO’s operating reserves</a>. I want to tell you more about our proposal to reduce total trademark fee collections. The reduction is possible due to efficiencies that have allowed the office to create an operating reserve. The proposed reduction maintains a reserve sufficient to manage operations and address long term investments.</p>
<p>The notice of proposed rulemaking was published in the <a href="https://www.federalregister.gov/articles/2014/05/09/2014-10730/reduction-of-fees-for-trademark-applications-and-renewals">Federal Register</a> last month and the deadline for public comment is June 23. The proposal would reduce many trademark application filing fees and renewal fees by 15 to 25 percent depending on how the application is filed. We’re especially pleased to be able to offer even lower fees for filing electronically, and accepting email communications from the USPTO, options that have proven to be popular with the majority of trademark filers.</p>
<p>The USPTO proposes to reduce the fee for an application filed using the regular TEAS application form by $50 to $275 per class if the applicant authorizes email communication and agrees to file all responses and other documents electronically during the prosecution of the application. This option will be known as a TEAS Reduced Fee (“TEAS RF”) application. The USPTO also proposes to reduce by $50 the fee for a TEAS Plus application to $225 per class and reduce by $100 the fee for a TEAS renewal of a registration to $300 per class.</p>
<p>The proposed fee reductions will reduce processing costs and promote efficiency for the USPTO and our customers. The proposal will also further a USPTO strategic objective to increase the end-to-end electronic processing of trademark applications by offering additional electronic application processing options and promoting online filing, electronic file management, and workflow.</p>
<p>The proposed reductions were included in the USPTO’s FY 2015 budget request. Fee reductions will be implemented in accordance with the America Invents Act (AIA) following public notice, comment, and rulemaking procedures. Our plan is to have the reduced fees become effective beginning in January 2015.</p>
<p>We look forward to working with our customers to offer lower cost options for filing and maintaining trademark registrations. Again, written comments must be received by June 23 to ensure consideration.</p>
https://www.uspto.gov/blog/director/entry/an_update_on_sustainable_funding
An Update on Sustainable Funding for the USPTO
USPTO
2014-06-09T04:53:38-04:00
2014-06-09T04:53:38-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>I’d like to take some time today to follow up a <a href="http://www.uspto.gov/blog/director/entry/uspto_submits_its_fiscal_year">recent guest blog about our FY 2015 budget</a> 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 href="http://www.uspto.gov/about/stratplan/budget/index.jsp">a link to the full congressional budget submission</a>. </p>
<p>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).</p>
<p>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.</p>
<p>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. </p>
<p>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.</p>
<p>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. </p>
<p>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 <a href="http://www.uspto.gov/about/stratplan/index.jsp">USPTO 2014-2018 Strategic Plan</a>) and agency needs. We will be working with our stakeholder community to gather their input.</p>
<p>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.</p>
https://www.uspto.gov/blog/director/entry/it_modernization_at_the_uspto
IT Modernization at the USPTO Drives Productivity and Creates New Jobs
USPTO
2014-06-06T07:21:41-04:00
2014-06-06T07:21:41-04:00
<p align="left"><em>Guest blog by Chief Information Officer John Owens</em></p>
<p align="left">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. (<a href="http://www.uspto.gov/blog/director/entry/uspto_gets_agile">Read more about USPTO’s initial rollout of agile into its processes</a>.) By working to provide our examiners with enhanced examination tools, we are striving to improve the way that examiners work.</p>
<p>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.</p>
<p>Systems such as PE2E and Trademarks Next Generation follow industry best practices, which include:</p>
<ul>
<li>Build shared IT services and tools to support global customers and maximize cost effectiveness. </li>
<li>Use web-based systems with open technology standards that scale. </li>
<li>Write code once and deploy everywhere for more stable, portable, and cost effective tools. </li>
<li>Provide easily searchable IP information by converting all information into searchable technology formats. </li>
</ul>
<p>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.</p>
<p>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 <a href="http://www.uspto.gov/about/offices/cio/vet_IT_fair.jsp">IT Veteran Hiring Fair</a> 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.</p>
https://www.uspto.gov/blog/director/entry/national_day_of_civic_hacking1
National Day of Civic Hacking 2014
USPTO
2014-05-27T12:25:02-04:00
2014-05-27T12:25:02-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>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.</p>
<p>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.</p>
<p>The USPTO currently makes <a href="http://www.uspto.gov/products/catalog/index.jsp">patent and trademark public data</a> 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 <a href="http://www.uspto.gov/news/og/trademark_og/index.jsp">Trademark Official Gazette</a>. We are working to provide more APIs in the near future to enable better access to data at the USPTO. </p>
<p>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 <a href="http://www.uspto.gov/patents/init_events/crowdsourcing_roundtable_04-2014.jsp">Crowdsourcing Prior Art</a> 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.</p>
<p>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 <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.hackforchange.org">hackforchange.org</a> or read our specific <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=hackforchange.org/challenges/uspto-innovation-challenge-patent-application-publication-notification-system/">patent challenge</a> or <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=hackforchange.org/challenges/uspto-innovation-challenge-trademark-notification-system/">trademark challenge</a>.</p>
https://www.uspto.gov/blog/director/entry/we_are_traveling_around_the
We Are Traveling Around the Country to Hear from You on Digital Copyright Issues
USPTO
2014-05-13T10:02:06-04:00
2014-05-13T10:02:06-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter<br /><br /></em>In our Green Paper on <a href="https://www.signup4.net/public/ap.aspx?EID=THEG32E&OID=130"><em>Copyright Policy, Creativity, and Innovation in the Digital Economy</em></a>, the Department of Commerce’s Internet Policy Task Force promised to reach out to the public for input on a number of critical digital copyright issues. In the next few months, the USPTO, along with the National Telecommunications and Information Administration (NTIA), in coordination with the U.S. Copyright Office, will seek that input during four public roundtables in cities around the country. We are hosting events in Nashville, TN on May 21st, Cambridge, MA on June 25th, Los Angeles, CA on July 29th, and Berkeley, CA, on July 30th. Be sure to stop by if you happen to be in or near any of these cities! We will be webcasting the roundtables, so don’t worry if you cannot make it in person.<br /><br />The digital copyright policy issues identified in the Green Paper are central to our nation’s economic growth, cultural development, and job creation—and these roundtables are part of efforts to address those issues. We previously held a full day conference on all of these issues in December at the USPTO, and our roundtables will now take the conversation forward on the following issues:<br /><br />o The legal framework for the creation of remixes.<br /><br />o The relevance and scope of the first sale doctrine in the digital age.<br /><br />o The appropriate calibration of statutory damages in the context of (1) individual file sharers and (2) secondary liability for large-scale infringement.<br /><br /><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.signup4.net/public/ap.aspx?EID=THEG32E&OID=160/">Find more information on the roundtable topics and future agendas online</a>. Please <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.signup4.net/public/ap.aspx?EID=THEG32E&OID=130">RSVP</a> to participate in a roundtable near you. <br /><br />Our goal is to have an interactive discussion of the issues to ensure a complete record upon which the task force can make recommendations. These roundtables will help us engage with a full range of voices across the country so that we can develop the best possible approaches. I look forward to hearing your voice among them.</p>
https://www.uspto.gov/blog/director/entry/progress_continues_with_our_patent
Progress Continues with Our Patent Trial and Appeal Board
USPTO
2014-05-02T07:03:55-04:00
2014-05-02T07:03:55-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee<br /></em><br />Transparency and public involvement in building an even better patent system are hallmarks of this administration and pervade all aspects of the USPTO. A current example of that is the ambitious outreach the Patent Trial and Appeal Board, or PTAB, is conducting with the public. The Board is in the middle of a series of <a href="http://www.uspto.gov/ip/boards/bpai/ptab_aia_trial_roundtables_2014.jsp">eight roundtables</a> to engage the public about our AIA trial proceedings, our continued hiring of new judges, and our redesigned PTAB web pages, which contain decisions, operating procedures, and interesting statistics to date. Several hundred engaged individuals have already attended our first few roundtables over the last two weeks, and we look forward to seeing more of you at our remaining roundtables in Dallas and Denver. If you can’t make any of the remaining roundtables in person, our <a href="http://www.uspto.gov/ip/boards/bpai/ptab_aia_trial_roundtables_2014.jsp">May 8 event in Denver</a> will also be webcast. </p>
<p>At these roundtables, we’re particularly focused on receiving feedback on our new trial proceedings created by the Leahy-Smith America Invents Act of 2011. The statute set the framework for these trial proceedings, and the agency promulgated rules and issued guidance thereafter. In promulgating those rules and guidance, the agency worked carefully and diligently, issuing final rules and guidance in a mere one year after the AIA became law. Those rules and guidance were implemented after the USPTO visited 18 cities to solicit input from our stakeholders, just as we are doing now. Also, when we issued the AIA final rules, we committed to re-visiting the rules and guidance after both the Board and the public operated under them for some period. </p>
<p>The time to revisit the rules is upon us. PTAB began conducting inter partes review and covered business method review proceedings nearly 18 months ago. During this time, the Board has received more than 1,200 petitions, issued more than 500 decisions on whether to institute a trial, and released more than 40 final written decisions following a trial. For such a short period of time, that is a lot of hands-on experience, and the Board has gained a fair amount of wisdom about these processes as a result. But we know that participants in these new AIA proceedings, as well as seasoned observers of our patent system, have also been focused on these new trials and have their own wisdom to share. Through these roundtables, we are hearing from interested parties their thoughts on what we can do to make trial proceedings even more effective going forward by adjusting the rules and guidance where necessary. </p>
<p>Each roundtable is staffed by at least five administrative patent judges per city (APJs). The roundtables begin with an overview of trial statistics and lessons learned followed by a mock conference call centered on motions for discovery and amendments. The overview provides a framework for the trials, while the mock conference call showcases successful techniques for winning a motion as well as missteps to avoid. The roundtables end with a panel discussion featuring APJs and local practitioners with experience and knowledge about the AIA trials. The purpose of the panel discussion is to break down the trial process and identify strengths and places for improvement. Nothing about the AIA trials is carved in stone, so the opportunity is upon us to work together to hone the AIA trials system into a true alternative to district court litigation for challenging patent validity. </p>
<p>Apart from the roundtables, I’m pleased to note that PTAB continues to have great success in hiring talented new judges with strong and relevant technical and legal backgrounds. We are moving fast toward our goal of adding 60 new judges for a grand total of 200 by June 1st. New judges are joining not only at the Alexandria headquarters but also at all of the satellite office locations, namely Detroit, Denver, Dallas, and Silicon Valley. As the first director of our Silicon Valley office, I was honored to work beside the stellar judges that had already joined PTAB in service to the innovation community. If you think you have what it takes to make an excellent PTAB judge, we encourage you to apply. To learn more please visit <a href="http://www.usajobs.gov/">www.usajobs.gov</a>.</p>
<p>Speaking of the web, PTAB has overhauled <a href="http://www.uspto.gov/ip/boards/bpai/index.jsp">its pages on our website</a>, making it easier to locate information about AIA trials, ex parte appeals, statistics, operating procedures, and rulings. Additionally, PTAB is posting timely articles, such as tips for filing a preliminary patent owner statement in an AIA trial and testimonials about life as a PTAB judge. </p>
<p>This is an exciting time for PTAB, and for this agency. We’d love to see you at one of our remaining PTAB roundtables. But, even if you’re unable to attend one, I encourage you to join the Denver roundtable via webcast and share your thoughts on our progress. Together we can make the PTAB proceedings even more effective for you.</p>
https://www.uspto.gov/blog/director/entry/trademark_performance_update
Trademark Performance Update
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2014-05-01T05:01:44-04:00
2014-05-01T05:01:44-04:00
<p><em>Guest blog by Commissioner for Trademarks Deborah Cohn</em></p>
<p>The results for the second quarter of fiscal year 2014 demonstrate continued high performance by our Trademark team in meeting our strategic performance goal targets. I invite you to take a look at our updated performance, filing, and registration data that are now available on the <a href="http://www.uspto.gov/dashboards/trademarks/main.dashxml">Trademark dashboard</a>. </p>
<p>The office has made great progress towards setting and achieving high quality standards. Quality results are evidence that the specialized training, online tools, and enhanced communication efforts we’re using are proving effective. The results for our newest quality standard for assessing efforts that go beyond procedural and statutory correctness continue to exceed our expectations. They demonstrate ‘exceptional’ results preparing a first action. </p>
<p>First action pendency—the time from filing to the initial examination—has been consistently maintained within the target range to issue a first action between 2.5 and 3.5 months from filing. Pendency to registration continues to remain at historically low levels. Disposal pendency—the time from when an application is filed until a trademark is registered or abandoned or a notice of allowance is issued for applications that are not in use—averaged 10.2 months, under the 12-month target. These results are due in part to the progress made from greater acceptance of electronic filing and in particular use of TEAS Plus applications which now make up 40 percent of new filings and more than 36 percent of new classes. Electronic filing and communications promotes more efficient and cost effective processing now comprises 80 percent of all applications processed to disposal.</p>
<p>Trademark application filings continued an upward trend, increasing by more than 4 percent compared to a year ago. New applications are expected to increase by nearly 5 percent this fiscal year to 455,000 classes. </p>
<p>We welcome any feedback you have on how we can improve the information presented through the Trademark Dashboard. Simply email a comment to <a href="mailto:feedback@uspto.gov">our dedicated mailbox</a>. We look forward to hearing from you.</p>
https://www.uspto.gov/blog/director/entry/world_ip_day
World IP Day
USPTO
2014-04-25T11:43:02-04:00
2014-04-25T11:43:02-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>Today I had the opportunity to discuss the importance of intellectual property during a World IP Day event at the Benjamin N. Cardozo School of Law. I want to share my remarks with you through this blog:</p>
<p>Thank you, Sean, and good morning, everyone! I’d also like to acknowledge Mindy Bickel, the United States Patent and Trademark Office’s Innovation and Outreach Coordinator for the Greater New York Region. Working through the Department of Commerce’s partnership with Cornell Tech, Mindy helps educate and empower businesses and innovators throughout the region to create jobs and new economic opportunities through intellectual property protection and other government resources. In effect, Mindy is doing some of the same work that our new satellite offices in Dallas, Denver, Detroit, and Silicon Valley are doing, but unlike them she’s a one-person shop, and she’s doing a great job at it. So thanks, Mindy.<br /><br />I’d also like to commend the Cardozo School of Law for having one of the finest intellectual property law programs in the nation. This is especially remarkable because the school is still relatively young, having graduated its first class of lawyers in 1979. So kudos to the faculty and staff for your outstanding work, and for helping shape the future of a profession that is very near and dear to my heart. And best wishes to the students, who have exciting and rewarding careers ahead of them.<br /><br />One of the challenges I’ve come to appreciate in my own career in IP law, and particularly as Deputy Director of the United States Patent and Trademark Office, is how to facilitate a better and broader public understanding of the importance of intellectual property in our daily lives. Let’s face it: As engineers, scientists, academics, and lawyers, we don’t always do a great job helping get the public as excited about intellectual property as we are, or in helping them see the connection between intellectual property, the products they enjoy, and the IP-related jobs created every year in our innovation economy. As recently as 2012, a Commerce Department study found that IP-intensive industries support at least 40 million jobs and contribute more than $5 trillion dollars to, or 34.8 percent of, U.S. gross domestic product (GDP). That’s a huge part of our economy. <br /><br />As a child of the Silicon Valley, I saw the power of innovation and intellectual property up close and personal. My parents were immigrants, drawn across the Pacific Ocean by the promise of the American Dream. My father was an engineer, and so were all of the dads on the street where I grew up. They worked for tech companies of all sizes, often founded by just one person who grew their businesses through the power of intellectual property. Many of them had the experience of creating an invention, patenting it, and using the protection that patent provided to obtain venture capital funding, hire employees, and begin producing and selling new products and services. Seeing that process as a child made an indelible impression on me, and I never had much doubt about what I wanted to do when I “grew up.” But of course my childhood was shaped by intellectual property in other ways that I didn’t always recognize or appreciate. <br /><br />Consider the innovative work of Garrett Brown, who last year was inducted into our National Inventors Hall of Fame, a program we conduct in partnership with the non-profit Invent Now, to promote the spirit of innovation and entrepreneurship. How many of you recall the thrilling speeder-bike chase in RETURN OF THE JEDI, when Luke and Leia are zooming through the forest in pursuit of Imperial Stormtroopers, or Sylvester Stallone running up the steps of the Philadelphia Museum of Art in the first ROCKY film? Those iconic moments in movie history and many others like them were filmed by Garrett Brown, using an invention he created called the Steadicam, which is so ubiquitous today we take it for granted.<br /><br />In the old days, before Steadicam technology, camera operators were limited to using riggings, tracks, and bulky tripods and dollies, with only pans and or sweeping crane shots to give movies a sense of motion. But after Garrett’s pioneering work on stabilizers, moviegoers could—for the first time—be truly immersed in the action on screen. They could feel the thrill of those high-speed chases. It’s hard to imagine now what movies would be like without the Steadicam. How many millions of young imaginations have been captivated and influenced—truly transported somewhere else, in the way that only movies can do—because of Garrett’s innovation, combined with a compelling story, good actors, and an experienced director? <br /><br />Movies, after all, truly embody the concept of intellectual property in one of its most spectacular, memorable, and collaborative forms. Every person involved in a movie, from writers and producers to the makeup artists and camera operators like Garrett Brown, works hard to bring a work of art to the audience. And like everyone, they deserve to be paid for their work. Intellectual property rights ensure that the fruits of their labors remain valuable and marketable. But those rights aren’t just about fairly compensating creators—patents, trademarks, and copyrights promote innovation and creativity by encouraging others to come up with new ideas and better ways of doing things, as Garrett Brown did. They facilitate the spread of human knowledge and fuel the inspiration for humanity’s accomplishments. They help us tell new stories and find new possibilities. <br /><br />For hundreds of years, intellectual property has been the driving force of progress in technology, art, and, culture. This is true around the world. It’s part of our shared human experience, no matter where we come from. Which is why the intellectual property offices of the world—including the United States Patent and Trademark Office—work together to ensure that IP rights continue fostering creativity and innovation. <br /> <br />We are here today because April 26 is World Intellectual Property Day, a tradition that began in 2000 by proclamation of the member states of the World Intellectual Property Organization. Every year since, WIPO and its member states have celebrated World IP Day with activities, events, and campaigns to increase public understanding of what intellectual property really means, and to demonstrate how the IP system fosters not only music and the arts, but also serves as the incentive for creation of all the products and technological innovations that shape the modern world. April 26 is, as many of you know, the birthday of WIPO itself. Like the Cardozo Law School, it is still a relatively young organization. The Convention Establishing the World Intellectual Property Organization (WIPO) was adopted in 1967 and came into force on April 26, 1970. Thus the selection of this day for World IP Day.<br /><br />Today, WIPO has 187 member states and administers 26 treaties. The most recent of those treaties was adopted last June in Marrakesh, to facilitate access to published works by visually impaired persons and persons with print disabilities. It’s that kind of work that makes WIPO such an important and valuable organization. In addition to facilitating strong IP rights in multiple jurisdictions, WIPO also provides IP capacity building, training, and technical assistance on IP protection and enforcement. Through the WIPO Academy, the organization has trained thousands of officials dealing with IP worldwide, including officials from IP offices, police, prosecutors, judges, and customs officials. Through the WIPO Arbitration and Mediation Center, WIPO provides alternative dispute resolution services, including domain name dispute resolution. WIPO has committees dedicated to discussing patent, trademark, copyright and traditional knowledge issues. When member states agree that an issue is ripe for an international agreement a diplomatic Conference is convened to adopt a treaty or update a treaty. <br /><br />In short, WIPO is a force of great good in the world of intellectual property, and while we are here today in honor of World IP Day and movies in particular, we would be remiss not to pay tribute to WIPO itself for the great work it has done, and will continue to do, on behalf of intellectual property worldwide. I want to also congratulate Director General Francis Gurry, who was recently reelected to another six-year term as the head of WIPO. The United States Patent and Trademark Office looks forward to working with Director General Gurry and his team on a number of important matters across the full spectrum of intellectual property. <br /><br />In the meantime, here at home we must continue to find new and innovative ways to promote the importance of IP to the American public, and especially to our nation’s children. Tapping into the “global passion for movies”—the theme of this year’s World IP Day—is a great start. It’s not only a powerful example of IP, but a tremendously useful means of communication as well. Last year, the USPTO, the National Science Foundation, and NBC Learn, the educational arm of NBC News, launched an 11-part “Science of Innovation” video series to coincide with the 165th birthday of American inventor Thomas Edison. <br /><br />Narrated by NBC News’ Ann Curry, the series featured innovators from across the country, including scientists and engineers working on projects in industries as diverse as healthcare, energy, transportation, agriculture, and more. “Science of Innovation” looked beyond the popular concept of innovation as the result of a single event or brilliant idea. Instead, it examined the processes and steps that anyone from a garage tinkerer to a federally funded scientist can take to discover new solutions to pressing problems or to add value in new ways to existing products, services, or technologies. Not only was this a clever means of reaching younger audiences, but it was also a great example of federal agencies, industry, and educators working together to demonstrate the connection between IP and the science, technology, engineering and math fields.<br /><br />Was it as memorable as RETURN OF THE JEDI or ROCKY? Probably not. That’s tough competition! But it was a good use of harnessing our global passion for movies to the advantage of IP and STEM education, and the kind of creative public-private partnership that we should build upon. At the end of the day we all have a role to play in educating the public about the importance of IP, and we can do that best by working together, collaboratively and creatively, with a view toward directing that global passion for movies toward a global passion for IP.<br /><br />Thank you again for having me here today, and for what you as members of AIPLA, WIPO, and the public at large do to support the cause of intellectual property. I hope you enjoy the rest of the program, and that you get a chance to see a good movie this weekend!</p>
https://www.uspto.gov/blog/director/entry/inspiring_the_next_generation_of
Inspiring the Next Generation of Inventors
$entry.creator.screenName
2014-04-17T11:10:52-04:00
2014-04-17T11:10:52-04:00
<p><em><span style="FONT-FAMILY: "Arial","sans-serif"; COLOR: black" lang="EN"><font face="tahoma,arial,helvetica,sans-serif">Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</font></span></em></p>
<p><span style="FONT-FAMILY: "Arial","sans-serif""><font face="tahoma,arial,helvetica,sans-serif">What do physicist </font><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=invent.org/inductees/hull-charles/"><font color="#0000ff" face="tahoma,arial,helvetica,sans-serif">Charles Hull</font></a><font face="tahoma,arial,helvetica,sans-serif">, chemist </font><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=invent.org/inductees/dimarchi-richard/"><font color="#0000ff" face="tahoma,arial,helvetica,sans-serif">Richard DiMarchi</font></a><font face="tahoma,arial,helvetica,sans-serif">, and the late silver screen star </font><a href="http://invent.org/inductees/markey-hedy/"><font color="#0000ff" face="tahoma,arial,helvetica,sans-serif">Hedy Lamarr</font></a><font face="tahoma,arial,helvetica,sans-serif"> have in common? For one, they each patented inventions that revolutionized their industries and changed people’s lives. Second, they will be inducted into the </font><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=invent.org/"><font color="#0000ff" face="tahoma,arial,helvetica,sans-serif">National Inventors Hall of Fame</font></a><font face="tahoma,arial,helvetica,sans-serif"> (NIHF) on May 21<sup>st</sup> here at USPTO headquarters. But they also, at some point in their lives, were inspired to pursue new horizons in science. </font></span></p>
<p style="MARGIN: 0in 0in 10pt"><span style="FONT-FAMILY: "Arial","sans-serif""><font face="tahoma,arial,helvetica,sans-serif">Hull is considered the father of additive manufacturing, more popularly known as 3D printing. He came up with the idea while developing lamps for ultraviolet-curable resins, and now his technology is being used to create everything from aircraft components to artificial limbs. DiMarchi has improved more than a million lives with his development of the first rDNA-derived peptide approved as medicine; his Humalog® insulin is an indispensable part of the lives of many diabetes sufferers. And Lamarr? The accomplished actress once partnered with composer George Antheil to patent a “secret communication system” that reduced the danger of detection or jamming of radio-controlled torpedoes. </font></span></p>
<p style="MARGIN: 0in 0in 10pt"><span style="FONT-FAMILY: "Arial","sans-serif""><font face="tahoma,arial,helvetica,sans-serif">My path to becoming an engineer in the field of artificial intelligence did not involve the performing arts. I am a second-generation American who grew up in Silicon Valley—our nation’s main hub for innovation. My father was an engineer, as were all of the other dads on our street, and I never imagined any other career path. But we need to help encourage our next generation of inventors to pursue all kinds of different fields. That’s why I’m glad the USPTO manages the NIHF program, in partnership with the non-profit Invent Now. The partnership involves inspiring programs for inventive college students and curious grade schoolers, such as Invent Now’s </font><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.campinvention.org/"><font color="#0000ff" face="tahoma,arial,helvetica,sans-serif">Camp Invention</font></a><font face="tahoma,arial,helvetica,sans-serif">.</font></span></p>
<p style="MARGIN: 0in 0in 10pt"><span style="FONT-FAMILY: "Arial","sans-serif""><font face="tahoma,arial,helvetica,sans-serif">At Camp Invention, students get to play inventor for a week at a national summer program focused on creativity, innovation, and real-world problem solving. This week-long summer day camp for 1<sup>st</sup> through 6<sup>th</sup> graders includes robust STEM (science, technology, engineering and mathematics) curriculum while also providing insights on the role of patents and trademarks in innovation. Established in 1990, the program is currently held at more than 1,200 sites in 50 states. Students learn through teamwork and subject immersion, while the certified teachers guiding the camps receive materials they can utilize in their regular school curriculum during the normal academic year. Perhaps most importantly, Invent Now puts great focus into finding teachers and schools located in economically disadvantaged communities to host Camp Invention, ensuring that children of all backgrounds can benefit. </font></span></p>
<p style="MARGIN: 0in 0in 10pt"><span style="FONT-FAMILY: "Arial","sans-serif""><font face="tahoma,arial,helvetica,sans-serif">But our partnership with Invent Now doesn’t only focus on children and accomplished inventors. We also work with Invent Now on the very popular </font><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=collegiateinventors.org/"><font color="#0000ff" face="tahoma,arial,helvetica,sans-serif">Collegiate Inventors Competition</font></a><font face="tahoma,arial,helvetica,sans-serif"> (CIC), another program in operation since 1990. NIHF inductees and USPTO subject-matter experts serve as judges of individual and team submissions from undergraduate and graduate students across the country. These inventors develop groundbreaking innovations to address vexing problems, and finalists and winners are honored here at the USPTO </font><a href="http://www.commerce.gov/blog/2013/11/12/uspto-celebrates-our-next-generation-inventors"><font color="#0000ff" face="tahoma,arial,helvetica,sans-serif">in a special ceremony</font></a><font face="tahoma,arial,helvetica,sans-serif">. Last year’s entries included a next-generation cancer chemotherapy patch, a mechanical leech for post-surgical treatment of tissue reattachment patients, and an upper-body exoskeleton for physical therapy and occupational lifting. Applications are now being accepted for the 2014 competition.</font></span></p>
<p style="MARGIN: 0in 0in 10pt"><span style="FONT-FAMILY: "Arial","sans-serif""><font face="tahoma,arial,helvetica,sans-serif">In short, our partnership with Invent Now supports a path of innovation, from grade school to college to the heights of a professional career. That story will be told soon in our </font><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=invent.org/hall-of-fame/"><font color="#0000ff" face="tahoma,arial,helvetica,sans-serif">National Inventors Hall of Fame Museum</font></a><font face="tahoma,arial,helvetica,sans-serif"> housed at our Alexandria headquarters. We are working with Invent Now to overhaul our </font><a href="http://www.uspto.gov/about/offices/opa/museum.jsp"><font color="#0000ff" face="tahoma,arial,helvetica,sans-serif">existing museum</font></a><font face="tahoma,arial,helvetica,sans-serif"> and turn it into a true shrine to innovation and the great patent owners who have been inducted into the NIHF. A portion of that museum will be opened at our May 21<sup>st</sup> induction ceremony, where 2014 attendees will be able to see their names, innovations, and related patent numbers on permanent display. Visitors will be able to track paths of innovation, following the first childhood spark of an idea to the moment when it changed the world.</font></span></p>
<p style="MARGIN: 0in 0in 10pt"><span style="FONT-FAMILY: "Arial","sans-serif""><font face="tahoma,arial,helvetica,sans-serif">When we induct the 2014 NIHF class next month, I’m sure I won’t be alone in wondering how many future inductees will be veterans of Camp Invention or the Collegiate Inventors Competition. It’s really only a matter of time.</font></span></p>
https://www.uspto.gov/blog/director/entry/uspto_s_office_of_policy
USPTO’s Office of Policy and International Affairs Continues Building Support for U.S. Innovators and Entrepreneurs
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2014-03-28T07:12:08-04:00
2014-03-28T07:12:08-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>In the first quarter of fiscal year 2014, the Office of Policy and International Affairs (OPIA) conducted dozens of programs designed to provide intellectual property (IP) capacity-building and technical assistance to domestic and international audiences. These programs to boost IP awareness and understanding are managed through our Global Intellectual Property Academy (GIPA), and tracking them is one of the ways we measure our performance.</p>
<p>In the first quarter of FY14, we conducted three domestic programs that reached 360 participants. A particularly interesting program that I’d like to point out was designed to support veterans who have either started or want to start a business, and it was carried out in cooperation with the Small Business Administration and Syracuse University’s Institute for Veterans and Military Families. This program, the Entrepreneurship Bootcamp for Veterans with Disabilities (EBV), has a curriculum tailored to the unique challenges and opportunities associated with being a veteran business owner. Attorneys from the GIPA also participated in EBV’s third annual National Training and Alumni Conference on October 25-27 in Dallas. The attorneys guided veterans through an interactive exercise that highlighted the role IP plays in building businesses, and provided one-on-one advice throughout the conference.</p>
<p>Internationally, we conducted 35 programs in 41 countries that reached 1,211 foreign officials. A good example of our international outreach includes a colloquium on IP rights for approximately 30 judges, prosecutors, and investigators in Morocco. The colloquium was held November 19-22 and covered topics such as the investigation of IP crimes, the importance of cooperation with law enforcement, and adjudication of criminal IP cases.</p>
<p>For more information on our FY 2014 Q1 activities and OPIA’s performance metrics, I invite you to visit our <a href="http://www.uspto.gov/dashboards/externalaffairs/main.dashxml">Policy and International Affairs dashboard</a>.</p>
https://www.uspto.gov/blog/director/entry/an_update_on_our_satellite
An Update on Our Satellite Offices
USPTO
2014-03-25T05:48:54-04:00
2014-04-29T12:24:31-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee<br /><br /></em>As we’ve <a href="http://www.uspto.gov/blog/director/entry/an_update_on_our_dallas">done in the past</a>, I’d like to take a moment to fill you in on the status of our satellite offices in Dallas, Denver, Detroit and Silicon Valley. Having spent the last year leading our team at the Silicon Valley office, keeping on top of all the developments related to our satellite offices is of particular interest to me. 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. </p>
<p>Our Elijah J. McCoy Satellite Office in Detroit, which <a href="http://www.uspto.gov/news/pr/2012/12-41.jsp">opened for business in July 2012</a>, is meeting and exceeding the needs of the agency and the local innovation community. With approximately 100 patent examiners and eight administrative patent judges, the Detroit office continues to process patent applications, as well as manage appeal cases and America Invents Act (AIA) trials. </p>
<p>Having an office in Detroit has also enabled us to foster new partnerships with stakeholders, the local community and organizations such as the Henry Ford Museum and the Auto Harvest Foundation. Through these partnerships, Detroit office staff are participating in numerous outreach events, including IP conferences, IP bar association meetings, elementary school science fairs, and an initiative to help the <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=thewright.org/">Charles H. Wright Museum of African American History</a> start a program for children to understand the correlation between science, technology, engineering, math, art, and design and the creation and protection of intellectual property. The office has also been holding quarterly “Saturday Seminars” to train independent inventors and small businesses on the importance of IP protection (If you’re in the area, come to our next one on <a href="http://www.uspto.gov/inventors/events/Detroit_Sat_Seminar.jsp">April 12</a>). </p>
<p>In Silicon Valley, we’re moving forward with the city of San Jose to ensure our permanent office has the perfect space to suit our needs and the needs of local stakeholders. When it comes to community engagement, we’ll be doing a lot of what we do in our Detroit office, including local training programs and workshops while building partnerships with local innovators and others in the IP field. We’re aiming to start operations in San Jose City Hall in the spring of 2015. USPTO senior executive John Cabeca, who took over serving as Director of the Silicon Valley Office when I left, has been leading USPTO’s outreach in the region. A 25-year veteran of the agency, he is actively engaged with stakeholders across the Bay Area and doing a superb job. </p>
<p>Meanwhile, this Wednesday we’re hosting a <a href="http://new.livestream.com/uspto">Livestream recruitment event</a> with U.S. Senator Michael Bennet of Colorado as part of our search for top talent to hire for the Denver office. The event will feature a panel of USPTO supervisory and patent examiners who will talk about what their job entails, share their experiences working at the USPTO, and answer live questions. Concurrently, we’re reviewing candidates for the Denver office regional director and plan to make our selection in the coming months. We are also on track to move from the Denver Federal Center to occupy permanent space in the Byron G. Rogers Federal Building this July.<br /><br />In Dallas, our staff has been operating out of the Santa Fe Federal Building since March 2013. The design-and-build phase of the permanent space in the <a href="http://www.uspto.gov/news/pr/2012/12-70.jsp">Terminal Annex Federal Building</a> will start early this spring with a planned occupancy in fall 2015. In the meantime, <a href="http://www.uspto.gov/news/pr/2013/13-37.jsp">the USPTO and the Dallas Entrepreneur Center</a> are collaborating on programs and exchanges designed to educate local entrepreneurs on the effectiveness of IP protection, similar to our Detroit “Saturday Seminars.”</p>
<p>For now, the temporary offices in Dallas, Denver, and Silicon Valley are staffed with Patent Trial and Appeal Board judges, whose main job is helping reduce the inventory of trial and appeal cases. We continue to hire judges as qualified candidates become available, and we will recruit patent examiners for each office as their permanent spaces near completion. All vacancy announcements for these offices are posted on <a href="http://www.usajobs.gov/">usajobs.gov</a>, so if you’re interested—or you know someone who might be—that’s where to look.</p>
<p>These satellite offices are critically important to the regional IP communities, and getting all of them operating at full strength is one of our major priorities as an agency. We are grateful to local government officials and regional stakeholders who have responded so enthusiastically to our satellite offices, and extend kudos to the hard-working USPTO personnel in each location. These offices would not exist without the hard work and support of many people inside and outside of our agency.</p>
<p>This year promises to be an exciting one for our satellite offices, and we will continue to keep you informed about major new developments.<br /></p>
https://www.uspto.gov/blog/director/entry/our_vision_for_2014_2018
Our Vision for 2014-2018
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2014-03-14T10:58:31-04:00
2014-03-14T10:58:31-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>I’m pleased to announce today the publication of the U.S. Patent and Trademark Office’s <a href="http://www.uspto.gov/about/stratplan/index.jsp">2014-2018 Strategic Plan</a>. We appreciate the helpful feedback we received on the draft we released last year. The final product is stronger as a result.</p>
<p>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.</p>
<p>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 <a href="http://www.uspto.gov/news/pr/2013/13-40.jsp">Best Places to Work in the Federal Government</a>. 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. </p>
<p>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 <a href="http://www.uspto.gov/patents/init_events/executive_actions.jsp">implementation of executive actions</a> offering positive reforms. That engagement has and will come in many forms, from multiple <a href="http://www.uspto.gov/news/agency_events.jsp">public events</a> to outreach through our satellite offices in Dallas, Denver, Detroit, and Silicon Valley.</p>
<p>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.</p>
<p>Please take a moment to peruse the <a href="http://www.uspto.gov/about/stratplan/index.jsp">2014-2018 Strategic Plan</a>. We look forward to working with you to help meet—nay, surpass—the outlined goals.</p>
https://www.uspto.gov/blog/director/entry/uspto_submits_its_fiscal_year
USPTO Submits its Fiscal Year 2015 Congressional Budget Justification
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2014-03-13T13:01:36-04:00
2014-03-13T13:01:36-04:00
<p><em>Guest Blog by Chief Financial Officer Tony Scardino</em></p>
<p>I’m pleased to announce that the USPTO has published its <a href="http://www.uspto.gov/about/stratplan/budget/index.jsp">fiscal year 2015 Congressional Budget Justification</a>. 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.</p>
<p>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).</p>
<p>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. </p>
<p>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. </p>
<p>Here is what we will be able to do in FY 2015 under this budget:</p>
<ul>
<li>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. </li>
<li>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. </li>
<li>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. </li>
<li>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. </li>
<li>This budget also supports USPTO domestic and global leadership to improve IP policy, protection, and enforcement. </li>
</ul>
<p>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. </p>
https://www.uspto.gov/blog/director/entry/calling_on_the_crowd_to1
Calling on the Crowd to Help Increase Patent Quality
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2014-03-13T09:31:31-04:00
2014-03-13T11:24:57-04:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee</em></p>
<p>Protecting and promoting our ideas-driven economy is essential to economic growth. By issuing patents for novel and non-obvious inventions, the United States Patent and Trademark Office (USPTO) plays a critical role in ensuring that America’s intellectual property system continues to be a catalyst for American companies and entrepreneurs to innovate.</p>
<p>The White House and the General Services Administration recently <a href="http://www.whitehouse.gov/blog/2014/03/05/presidential-innovation-fellows-round-3-serve-create-innovate">announced</a> the next round of the Presidential Innovation Fellows (PIF) program. As part of this effort, USPTO is seeking a fellow to help in carrying out the agency’s goal of “Using the Crowd to Improve Patent Quality,” specifically by ensuring that patent examiners have the best prior art before them during examination.</p>
<p>To determine whether an invention is patentable, a patent examiner must evaluate it in light of the state-of-the-art. But innovation moves fast and important advances may be documented only in hard-to-access corporate records or any number of other far-flung repositories. Finding, among a sea of documents, the most relevant ones, especially in areas where terms are non-standardized, can be difficult. The PIF program, which pairs top innovators from the civil sector with top innovators in the government to collaborate during focused 6-13 month “tours of duty,” will help overcome these challenges.</p>
<p>Applications will be accepted through April 7, 2014, and can be found <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=gsafas.secure.force.com/apply&protocol=https">here</a>. We encourage interested members of the public to apply.</p>
<p>The PIF project is just the latest chapter in the Obama administration’s long-standing partnership with the community on patent issues. For example, the USPTO’s <a href="http://www.uspto.gov/patents/init_events/software_partnership.jsp">Software Patent Partnership</a> recently completed a <a href="http://www.uspto.gov/patents/init_events/sw_partnership_20131205_alexandria.jsp">roundtable on prior art issues</a> for which <a href="http://www.gpo.gov/fdsys/pkg/FR-2014-01-06/pdf/2013-31492.pdf">public comments are being solicited</a>. The agency is also planning a roundtable on crowdsourcing for April 10, 2014, in Alexandria, Virginia, at which it intends to solicit feedback about innovative ways to leverage crowdsourcing techniques to help acquire difficult-to-locate prior art. The roundtable will also explore the range of crowdsourcing resources available for examiners to use, as well as bring together subject matter experts to discuss ways for examiners to access this material, such as by building a database of hard-to-find prior art.</p>
<p>These efforts build on three new <a href="http://www.whitehouse.gov/share/patents">executive actions</a> the administration <a href="http://www.whitehouse.gov/the-press-office/2014/02/20/fact-sheet-executive-actions-answering-president-s-call-strengthen-our-p">announced on February 20th at the White House</a>. In that announcement, the USPTO committed to refining the current third party submission process and exploring other ways that the public can provide potential prior art to the agency. The agency also committed to updating its guidance and training of examiners for using crowd-sourced prior art, particularly non-patent literature (NPL). The USPTO further committed to building upon its existing “<a href="http://www.uspto.gov/patents/pettp.jsp">Patent Examiner Technical Training Program</a>” to make it easier for technologists and engineers from industry and academia to provide technical training and expertise to patent examiners, as well as appointing a full-time pro bono coordinator to ensure broad access to the patent system.</p>
<p>Further, we are pleased to see a growing number of organizations from a wide range of industries who have already expressed a willingness to help advance the shared goals of these three new executive actions. While the list of public support is growing every day, some examples of those pledges to date include:</p>
<p><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=blogs.cisco.com/gov/statement-of-mark-chandler-on-need-for-patent-system-that-rewards-innovation-and-discourages-speculation/">Cisco</a> – which has committed to assembling its public product documentation, electronically publishing many invention submissions that are not internally approved to be patent filings, and continuing to provide examiners access to senior Cisco technical talent in the form of training;</p>
<p><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.theclearinghouse.org/press-room/in-the-news/2014/02/tch-pledges-to-support-uspto-on-patents">The Clearing House</a> – an industry association comprised of over 20 of the nation’s leading banks, which has committed to developing educational materials and hosting education sessions with patent examiners, as well as providing the USPTO with access to non-patent materials describing the national financial infrastructure;</p>
<p><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=ibmip.com/tag/prior-art/">IBM</a> - which has committed to continue sharing prior art and providing technical training to patent examiners, as it has for decades;</p>
<p><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=blogs.technet.com/b/microsoft_on_the_issues/archive/2014/02/19/leading-the-way-on-patent-transparency.aspx">Microsoft</a> – which has committed to providing USPTO examiners a free, searchable database aimed at giving access to more than 10 million archived Microsoft technical corporate documents;</p>
<p><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.rackspace.com/blog/transparency-the-ultimate-weapon-in-the-fight-against-patent-trolls/">Rackspace</a> – which has committed to sharing with the USPTO complete technical information about all of its prior products, including documents that were previously considered confidential, and to provide ongoing information to the USPTO detailing each product that it develops and releases;</p>
<p><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.broadwayworld.com/bwwgeeks/article/SAS-Supports-White-House-Efforts-to-Curtail-Patent-Trolls-20140220">SAS</a> – which has committed to making 38 years of user documentation and technical papers available to the public and USPTO through publication at IP.com;</p>
<p><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=publicpolicy.verizon.com/blog/entry/verizon-supports-the-white-house-patent-quality-initiative">Verizon</a> – which has committed to updating examiners on the state-of-the-art developments in communications technology, including on network architecture and media delivery;</p>
<p><a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=yahoopolicy.tumblr.com/post/77301345883/edging-patent-trolls-out-through-higher-quality-patents">Yahoo!</a> – which has committed to sharing prior art relevant to their business and publishing technological developments it does not pursue as patents to aid examination and encourage innovation.</p>
<p>In addition to these, a growing number of organizations are offering their public support for these three new executive actions and pledging to engage with the administration to develop their own unique methods of leveraging the crowd to advance these efforts. Some of those include: the <em>American Intellectual Property Law Association (AIPLA); Biotechnology Industry Organization (BIO); BSA | The Software Alliance (BSA); Coalition for 21st Century Patent Reform (21C); Intellectual Property Owners Association (IPO); </em>and <em>Qualcomm.</em> </p>
<p>We applaud the leaders in the private sector who are already answering the administration’s call with these efforts and we encourage others to join them, as we continue to explore the power of the crowd to further strengthen our patent system and foster American innovation.</p>
https://www.uspto.gov/blog/director/entry/progress_continues_in_our_transition
Progress Continues in our Transition to an Improved Patent Classification System
USPTO
2014-02-24T10:34:09-05:00
2014-02-24T11:14:13-05:00
<p><em>Blog by Commissioner for Patents Peggy Focarino<br /></em><br />We remain hard at work implementing the Cooperative Patent Classification (CPC) system launched in January 2013. CPC, let me remind you, is a joint patent classification system between the USPTO and the European Patent Office that enables patent examiners and patent system users worldwide to conduct more efficient prior-art searches. Compared with the current U.S. Patent Classification System, CPC offers more targeted searches with more focused results. We expect the CPC to lead to enhanced efficiency by reducing unnecessary duplication of work. One can now search patent documents using CPC classifications. <br /> <br />In our <a href="http://www.uspto.gov/blog/director/entry/global_classification_and_the_uspto">last update</a> we noted that implementing the CPC would require extensive patent examiner training leading up to full implementation in January 2015. The patent examining transition began in November 2013 and will run through the end of this year. Training focuses on enabling patent examiners to effectively search in CPC and place CPC symbols on published patent applications and granted patents. </p>
<p>The transition to CPC is an investment in the future of IP. Through the implementation of CPC, applicants and the IP community will derive many benefits, including: <br /><br />o Enhanced examination efficiency; <br />o Improved access to more documents from patent offices around the world; <br />o Improved navigation and understanding of a single classification system; <br />o Facilitated work sharing on patent applications filed in multiple IP offices; <br />o Improved consistency of classified search results across IP Offices; and, <br />o Adaptive and actively maintained classification schemes. </p>
<p>Patent Examiner CPC training includes approximately 20 hours of training that focuses on how to search and classify in CPC as well as technical subject training related to the nuances of a particular CPC field. In addition to this, on average examiners receive approximately 120 hours of CPC on-the-job training. This on-the-job training is used to complete parallel searches in CPC and the prior United States Patent Classification (USPC) system in 40 to 50 applications. Doing these parallel searches enables examiners to learn the best places to search in CPC for a particular technology and to master the details of their assigned portion of the CPC schedule.</p>
<p>As I am sure you can appreciate, transitioning about 8,000 patent examiners to a new classification system is no small feat. This investment of examiner training time is an important investment in quality, and it is having a temporary impact in our examination output. This impact, combined with continued increases in filings, is resulting in a temporary increase in our new application backlog. We expect the backlog to rise as high as 650,000 by May 2014 before resuming its decline again falling below 600,000 by the end of this fiscal year, which ends September 30th. During the next fiscal year we will continue to reduce our backlog, which remains a core mission as stated in our <a href="http://www.uspto.gov/about/stratplan/DRAFT_USPTO_2014-2018_Strategic_Plan.pdf">proposed 2014-2018 Strategic Plan</a>. </p>
<p>We are excited to report continued progress on the build-out of a dynamic classification system coupled with the highest standards in patent examination.</p>
https://www.uspto.gov/blog/director/entry/building_a_better_patent_system
Building a Better Patent System
D. Kappos
2014-02-20T11:14:47-05:00
2015-12-15T09:25:28-05:00
<p><i>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle Lee</i></p>
<p><i></i>Today I had the opportunity to update the public on the USPTO’s continuing efforts to support President Obama’s initiatives to build a better patent system through his executive actions. I want to share my remarks with you through this blog:<br /></p>
<p>“Thank you. I’m pleased to be here at the White House today with Secretary Pritzker, Director Sperling, and Chief Technology Officer Park to discuss <a href="http://www.whitehouse.gov/the-press-office/2014/02/20/fact-sheet-executive-actions-answering-president-s-call-strengthen-our-p">what we collectively are doing</a> to advance our nation’s innovation economy. That task is at the core of our mission at the United States Patent and Trademark Office. We do so by issuing the highest quality patents possible; adding ever-more transparency to our patent system; and leveling the playing field for all players, big and small.<br /></p>
<p>The USPTO is approaching its 225th anniversary next year, and throughout the agency’s history our focus hasn’t wavered. Our commitment was—is—and will be—to do everything we can to help foster an intellectual property system that provides American entrepreneurs:<br /></p>
<ul>
<li>the incentives they need to innovate;</li>
<li>the tools to help them produce and protect their creative output;</li>
<li>and the certainty they need to seek investments and balance risk while developing new technologies that benefit us all. </li>
</ul>
<p>Even before the president’s call to do more on patent reform last year, the USPTO had efforts underway to:<br /></p>
<ul>
<li>Improve patent quality and metrics;</li>
<li>Enhance examiner training, including input from industry experts; and</li>
<li>Weed out troublesome patents through post-grant review proceedings.</li>
</ul>
<p><br />Furthermore, ever since the administration’s announcement on June 4th, 2013—as my colleagues before me noted—the USPTO has been hard at work implementing <a href="http://www.uspto.gov/patents/init_events/executive_actions.jsp">four executive actions</a>.<br /></p>
<p><b>EXECUTIVE ACTION #1 </b><br /></p>
<p>The first executive action aims to bring greater transparency of patent ownership information to the public. To this end, the USPTO has begun a rulemaking process. Under our proposed new rule—which reflects significant public input—the USPTO would collect patent ownership information for a patent or application and make that information available to all via our website. The result would be increased transparency aimed at:<br /><br /></p>
<ul>
<li>enhancing competition,</li>
<li>facilitating technology transfers,</li>
<li>helping to ensure the highest quality patents, and</li>
<li>leveling the playing field for innovators.</li>
</ul>
<p><br />We are now collecting input from the public on the proposed rule and are pleased to announce today two public events: one at our Alexandria, Virginia, headquarters on March 13th, and another in San Francisco, California, on March 26th. We welcome your input.</p>
<p><br /><b>EXECUTIVE ACTION #2 </b><br /></p>
<p>The second executive action called for new, targeted training for patent examiners to scrutinize certain types of patent claims that may be overly broad and to increase patent clarity. We have since implemented a multi-phased training program for all examiners to do just this. In addition, in the coming weeks we will launch a pilot program that uses glossaries to define terms in a patent with the goal of further promoting patent clarity.<br /></p>
<p>We have also conducted numerous public engagements to share ideas, feedback, experiences and insights on further ways to improve patent quality, particularly for software-related patents, such as through our four, well-attended Software Partnership Roundtables held within this past year. We recognize that a patent with clearly defined boundaries provides notice to the public to help it avoid infringement, as well as costly and needless litigation down the road, when the patent is in litigation.<br /></p>
<p><b>EXECUTIVE ACTION #3 </b><br /></p>
<p>I am very pleased to announce today the culmination of the third executive action calling for new education and outreach to assist those receiving a patent infringement letter. We have just this morning published a new online toolkit of such resources, which you can find at <a href="http://www.uspto.gov/patentlitigation">www.uspto.gov/patentlitigation</a>. These resources will help level the playing field for smaller “Main Street” retailers and consumers—those who are not steeped in patent law or who cannot afford teams of patent attorneys—with a variety of complementary resources. These include ways to find information about the patent being asserted (such as assignment information or its past litigation history) to ways to determine if other businesses are being sued on the same patent. <br /></p>
<p>We know of no other online resource, where a recipient of a patent infringement letter can go to get as much information as is available in this toolkit. And, importantly, the new online toolkit features a two-way communication stream so the public can assist us in identifying additional, and we hope even better, resources for all to use.</p>
<p><br /><b>EXECUTIVE ACTION #4 </b><br /></p>
<p>Finally, our fourth executive action called for an expansion of our already extensive public outreach efforts, as well as more empirical research. I’ve already mentioned some of our outreach, which we’ve ramped up from an already high level. As for empirical research, we are proud to announce that we have expanded our Thomas Alva Edison Visiting Scholars program. That’s where we bring on board for a limited time talented scholars to examine intellectual property issues.<br /></p>
<p>We’ve already recruited three distinguished scholars to research key issues related to patent litigation —Joshua Sarnoff of DePaul University, Jonas Anderson of American University, and Elizabeth Bailey of U.C. Berkeley. We’ll be announcing more scholars soon. By engaging legal and economic scholars with agency experts, we anticipate a wealth of new research and data. Empirical examination of the interaction of various aspects of our patent system will provide insights on how to further reduce unnecessary litigation and improve the quality of patents.<br /></p>
<p>So that is a quick overview of our work to date on these executive actions, all designed to strengthen our patent system for our country now and in the long run. I’m also pleased by the administration’s announcement today that we will be renewing our USPTO Patents for Humanity program. You can learn more at <a href="http://www.uspto.gov/patents/init_events/patents_for_humanity.jsp">www.uspto.gov/patentsforhumanity</a>. <br /></p>
<p>In his State of the Union address, President Obama said, “The nation that goes all-in on innovation today will own the global economy tomorrow. This is an edge America cannot surrender.” At the USPTO, we are dedicated to a strong intellectual property system that empowers American businesses to succeed by keeping pace with the ever-growing rate of technological breakthroughs. We are working hand in hand with our colleagues throughout the administration, and with our stakeholders, to advance that goal.<br /></p>
<p>Our work also includes actively engaging with the House and Senate as the legislative process moves forward. The patent system is the engine that powers our 21st century innovation economy. Even the most high-performance engine occasionally needs some fine-tuning. But I am confident our collaborative reform efforts will result in a patent system that performs at an unprecedented level of quality and economic output, benefiting us all. Thank you.”<br /><br /></p>
<p> </p>
https://www.uspto.gov/blog/director/entry/moving_forward_in_2014
Moving Forward in 2014
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2014-01-23T06:56:59-05:00
2014-01-23T06:56:59-05:00
<p><em>Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle Lee</em></p>
<p>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. </p>
<p>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.”</p>
<p>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. </p>
<p>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.</p>
<p>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. </p>
https://www.uspto.gov/blog/director/entry/celebrating_our_1_ranking_as
Celebrating our #1 Ranking as a Best Place to Work in the Federal Government
USPTO
2013-12-20T05:49:18-05:00
2013-12-20T07:15:32-05:00
<p><em>Blog by Commissioner for Patents Peggy Focarino </em></p>
<p>This week, the non-profit Partnership for Public Service (PPS) released its annual <em><a href="http://bestplacestowork.org/BPTW/rankings/overall/sub">Best Places to Work in the Federal Government®</a></em> rankings, and it is an incredible honor for all of us to see that <a href="http://www.uspto.gov/news/pr/2013/13-40.jsp">the United States Patent and Trademark Office (USPTO) was ranked <strong>#1</strong></a> out of <strong>300</strong> federal agency subcomponents for 2013.<br /><br />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.<br /><br />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. <br /><br />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 <em>Leahy-Smith America Invents Act</em>—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.<br /><br />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.<br /><br />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.</p>
https://www.uspto.gov/blog/director/entry/uspto_revises_mpep_publication_process
USPTO Revises MPEP Publication Process
USPTO
2013-11-26T08:08:00-05:00
2013-11-26T08:08:00-05:00
<p><em>Guest blog by USPTO Commissioner for Patents Peggy Focarino</em></p>
<p>The USPTO continues to use ever-more efficient electronic publication tools. The latest example of this is its revised process to update the <a href="http://www.uspto.gov/web/offices/pac/mpep/index.html">Manual of Patent Examination Procedure</a> (MPEP). We will now be able to more quickly incorporate changes in the law and patenting procedures. <br /> <br />The USPTO will soon begin to re-publish the entire MPEP with each updated section identified with the date of publication. Sections that are not updated will retain their most recent revision date. All updates will be published as clean text with no revision markings. <br /><br />Before releasing a new revision, the USPTO follows several critical steps. First, the MPEP staff and USPTO subject matter experts update the relevant MPEP sections. The updated sections are then sent for internal agency review and clearance before being further reviewed by the Office of Management and Budget (OMB). Based upon the feedback received through the clearance processes, the MPEP staff makes final modifications before publishing the new edition. The MPEP publication process is depicted in this graphic:<br /><br /></p>
<p align="center"><img border="0" hspace="0" alt="General Publication Progress" align="baseline" src="http://www.uspto.gov/image/general_publication_process.jpg" /></p>
<p> <br />The USPTO will release three MPEP editions during FY 2014. Each revision will correspond to the enactment and/or adoption of new patent law. The first new edition will incorporate provisions of the <a href="http://www.uspto.gov/aia_implementation/index.jsp">America Invents Act</a> (AIA), enacted in September 2011. The second updated edition will provide guidance on the Patent Law Treaty implementation. The third update will provide guidance on the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.<br /> <br />With each new MPEP revision, the agency will release a plain-language summary highlighting changes and additions. The agency also plans to develop a computer-based training (CBT) module to further explain the changes and additions. The USPTO also plans to post newly published MPEP chapters on <a href="http://uspto-mpep.ideascale.com/">IdeaScale</a>, an online tool that enables users to provide feedback and suggestions. We are very excited to take this next step in serving our stakeholders and the public.</p>
https://www.uspto.gov/blog/director/entry/veterans_day_2013
Veterans Day 2013
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2013-10-31T10:04:22-04:00
2013-10-31T10:04:22-04:00
<p><em>Guest blog by Chief Administrative Officer Fred Steckler</em></p>
<p>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. </p>
<p>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.</p>
<p>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. </p>
<p>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.</p>
<p>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.</p>
https://www.uspto.gov/blog/director/entry/when_where_and_how_you
When, Where, and How You Can Provide Input on Copyright and Innovation
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2013-10-04T11:05:58-04:00
2013-10-11T08:45:07-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p><strong>***UPDATE October 11, 2013: The public meeting has been rescheduled to December 12, 2013 and there have been further clarifications issued regarding public comment deadlines. Read more in the </strong><a href="http://www.uspto.gov/news/pr/2013/13-28.jsp"><strong>USPTO press release</strong></a><strong>.***</strong></p>
<p>We are moving forward on our promise to solicit your input on copyright policy and innovation as outlined in the recent U.S. Department of Commerce Internet Policy Task Force (IPTF) green paper titled <a href="http://www.uspto.gov/news/publications/copyrightgreenpaper.pdf">Copyright Policy, Creativity, and Innovation in the Digital Economy</a> and on <a href="http://www.uspto.gov/blog/director/entry/we_want_to_hear_from">this blog</a>. You may have learned from a <a href="http://www.uspto.gov/news/pr/2013/13-27.jsp">USPTO press release</a> or a <a href="http://www.gpo.gov/fdsys/pkg/FR-2013-10-03/pdf/2013-24309.pdf">Federal Register Notice</a> from the USPTO and the National Telecommunications and Information Administration (NTIA) of an IPTF public meeting that—barring a need to reschedule due to the current government shutdown—we’re holding on <strike>October 30th</strike>. We’d very much like to see you there.</p>
<p>As explained in the Federal Register Notice, we are particularly seeking comments on five specific topics raised in the green paper: (1) establishing a multistakeholder dialogue on improving the operation of the notice and takedown system for removing infringing content from the Internet under the Digital Millennium Copyright Act (DMCA); (2) the legal framework for the creation of remixes; (3) the relevance and scope of the first sale doctrine in the digital environment; (4) the application of statutory damages in the contexts of individual file sharers and of secondary liability for large-scale infringement; and (5) the appropriate role for the government, if any, to help improve the online licensing environment, including access to comprehensive databases of rights information.</p>
<p>Some questions have been raised about the relationship of the two separate dates for comment submission provided in our Federal Register Notice. We invited early comments to be filed by October 15, 2013, in order to allow them to be read prior to the <strike>October 30th</strike> public meeting and to inform the discussion there. But this was not a deadline either for submissions or for enabling participation in the meeting. Anyone can still participate in the meeting even if they don’t submit comments by October 15th. The actual deadline for comment submission is two weeks after the meeting, on November 13th. </p>
<p>I also want to assure you that there will be ample opportunity for public participation and comment beyond those dates. We plan to engage in a robust conversation about these important digital copyright issues, and we recognize that many interested parties will have a lot to say. The <strike>October 30th meeting</strike> is intended as an initial exploration of the issues, and will be structured around moderated panel discussions on each of the five topics identified in the Federal Register Notice. We are currently developing an agenda and inviting speakers who will represent a wide range of views. </p>
<p>Our hope is that the <strike>October 30th meeting</strike> will provide a meaningful and informative discussion on these topics and serve as a launching pad for the next phase of our public engagement. We anticipate there will be further roundtables and other opportunities for input on each of the individual topics going forward. </p>
<p>Pre-registration for the conference is <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=events.signup4.com/GreenPaper">available online</a>. More information about the green paper is available at <a href="http://www.uspto.gov/ip/global/copyrights/index.jsp">http://www.uspto.gov/ip/global/copyrights/index.jsp</a>.</p>
<p>Please do not hesitate to contact us if you have further questions. You can contact Hollis Robinson or Ben Golant in the Office of Policy and International Affairs at (571) 272-9300, or <a href="mailto:hollis.robinson@uspto.gov">hollis.robinson@uspto.gov</a> or <a href="mailto:benjamin.golant@uspto.gov">benjamin.golant@uspto.gov</a>. For further information regarding the public comments, please contact Garrett Levin or Ben Golant at (571) 272-9300, or <a href="mailto:garrett.levin@uspto.gov">garrett.levin@uspto.gov</a> or <a href="mailto:benjamin.golant@uspto.gov">benjamin.golant@uspto.gov</a>.</p>
<p>We look forward to receiving your comments and seeing you at the conference on <strike>October 30th</strike>.</p>
https://www.uspto.gov/blog/director/entry/uspto_s_global_intellectual_property1
USPTO’s Global Intellectual Property Academy Expands its Assistance to U.S. Companies and Training of Foreign Officials
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2013-09-11T06:08:05-04:00
2013-09-11T06:08:05-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>The Global Intellectual Property Academy (Academy) of the USPTO’s Office of Policy and External Affairs (OPEA) has now posted online its <a href="http://www.uspto.gov/dashboards/externalaffairs/main.dashxml">metrics from the third quarter</a> of FY 2013, demonstrating its leadership in promoting awareness of and respect for intellectual property. The Academy continues to provide top-notch educational and technical assistance on a variety of IP issues to audiences in the U.S. and abroad. </p>
<p>This year, the Academy expanded its work for U.S. small and medium-sized enterprises (SMEs), conducting 27 programs with a total of 1,714 U.S. SMEs. During the third quarter, Academy outreach efforts included a workshop for more than 100 Small Business Technology Transfer (STTR) Program grantees organized by the National Cancer Institute, an IP Boot Camp at the Second Annual International Music Products Association meeting, and presentations on intellectual property to small businesses at locations around the country. Webinars for scientists, inventors, and companies throughout the United States were conducted on topics such as patent commercialization and trade secret protection.</p>
<p>During the third quarter the Academy also fulfilled its role in promoting effective and balanced intellectual property rights on a global scale, increasing the number of foreign government officials trained this fiscal year in all aspects of IP protection and enforcement to 5,118, up from 1,937 at the end of the second quarter. In programs held overseas or at our Academy in Alexandria, Va., officials from China, Southeast Asia, India, Russia, Estonia, Georgia, Mexico, and elsewhere across Latin America covered subjects on all aspects of IP protection and enforcement, including online copyright issues, geographical indications, and trademark information technology.</p>
<p>The Academy also hosted a meeting with a regional group of Latin American countries (PROSUR) and the Canadian IP Office to discuss work sharing initiatives, and helped facilitate the annual meeting of the Heads of the IP5, the five largest IP offices in the world, in Cupertino, Calif.</p>
<p>For more information on our activities across the last four quarters, I invite you to see all of our performance metrics, which are available on our <a href="http://www.uspto.gov/dashboards/externalaffairs/main.dashxml">Policy and External Affairs dashboard</a>.</p>
https://www.uspto.gov/blog/director/entry/update_on_trademark_performance_from
Update on Trademark Performance From our Third Quarter Dashboard
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2013-08-22T06:54:08-04:00
2013-08-22T06:54:08-04:00
<p><em>Guest blog by Commissioner for Trademarks Deborah Cohn</em></p>
<p>This month marks another record performance by our Trademarks team. Our goal to issue a first action between 2.5 and 3.5 months from filing has been met every month for six consecutive years now. This record is the result of a number of factors including greater use of the systems, tools, and resources necessary to manage new application filings electronically and the increased participation by applicants in filing and communicating electronically throughout the process. You can see this data on the <a href="http://www.uspto.gov/dashboards/trademarks/main.dashxml">Trademark dashboard</a>, which has been updated with third quarter performance metrics. The following are some of the highlights we’ve identified.</p>
<p>Trademark application filings continue to set new record highs in terms of volume and usage of the Trademarks Electronic Application System (TEAS). More than 99 percent of new applications are filed electronically and filings are on track to exceed the highest level set last year.</p>
<p>The office has made great progress towards achieving and maintaining high quality standards. The specialized training, online tools, and enhanced communication efforts we’ve deployed over recent years are bearing fruit. Exceptional office action continues to exceed our expectations and first action quality is trending above our target level. Actual results were 33.5 percent better than the target of 23 percent. Final action compliance is showing positive improvement. Our final numbers for the fiscal year should reflect expectations.</p>
<p>Despite inherent uncertainty and variability of filings, the office proudly met or exceeded its pendency targets, including the ones for statements of use (SOU) and Post Registration renewals. First action pendency is at the mid-point of the target at three months. Pendency targets are managed through overtime and production incentives, in addition to continued use of electronic filing and processing.</p>
<p>We want to thank all our stakeholders for their positive engagement and their constructive comments and suggestions. We look forward to hearing from you. Share your thoughts with me at <a href="mailto:TMFeedback@uspto.gov">TMFeedback@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/we_want_to_hear_from
We Want to Hear from You on Copyright Policies in the Digital Economy
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2013-08-09T08:35:54-04:00
2013-10-07T08:14:57-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>The Department of Commerce’s Internet Policy Task Force (IPTF) last week issued a green paper on copyright, and I’d like to take a moment to highlight the paper’s core content and goals. The paper, titled <em><a href="http://www.uspto.gov/news/publications/copyrightgreenpaper.pdf">Copyright Policy, Creativity, and Innovation in the Digital Economy</a></em> (Green Paper), represents the most thorough and comprehensive analysis of digital copyright policy issued by any administration since 1995. Along with the National Telecommunications and Information Administration (NTIA), the USPTO played a key role in its production, from gathering public comments starting in 2010 through the paper’s drafting and release.</p>
<p>The Green Paper calls for new public input on critical policy issues that are central to our nation’s economic growth, cultural development and job creation. It is intended to serve as a reference for stakeholders, a blueprint for further action, and a contribution to global copyright debates. As promised in the paper, we will soon be reaching out to the public for views on a variety of topics. Please stay tuned for announcements about how to share your thoughts, insights, and recommendations.</p>
<p>In recent years, the debates over copyright have become increasingly contentious. Too often copyright and technology policies are seen as pitted against each other, as if a meaningful copyright system is antithetical to the innovative power of the Internet, or an open Internet will result in the end of copyright. We do not believe such a dichotomy is necessary or appropriate. The goals espoused in the paper— ensuring a meaningful and effective copyright system that continues to provide the necessary incentives for creative expression, preserving the technological innovation and free flow of information made possible by the Internet, and delivering creative content in the broadest possible fashion to consumers—are ones that we think can, and must, be accomplished in tandem. </p>
<p>By intention, the Green Paper does not set out substantive policy recommendations, except where the administration is already on record with a stated position. Rather, it seeks to provide a thorough and objective review of the lay of the land—describing changes that have already occurred, identifying areas where more work should be done, and setting out paths to move that work forward. The paper expresses support for efforts underway to address some of the open issues in other forums—notably Congressional attention to music licensing, the Copyright Office’s work on orphan works and mass digitization, and the Intellectual Property Enforcement Coordinator’s facilitation of cooperative efforts by stakeholders to curb online enforcement.</p>
<p>We appreciate the encouraging words we’ve heard from many stakeholders on all sides. In the coming weeks, we will begin to move forward on the specific items outlined in the paper for IPTF action:</p>
<ul>
<li>Establishing a multistakeholder dialogue on improving the operation of the notice and takedown system for removing infringing content from the Internet under the Digital Millennium Copyright Act (DMCA). </li>
<li>Soliciting public comment and convening roundtables on:
<ul>
<li>The legal framework for the creation of remixes—user-generated content that uses portions of copyrighted works in creative ways. </li>
<li>The relevance and scope of the first sale doctrine in the digital age. </li>
<li>The appropriate calibration of statutory damages in the context of (1) individual file sharers and (2) secondary liability for large-scale infringement. </li>
<li>Whether and how the government can facilitate the further development of a robust online licensing environment, including access to comprehensive public and private databases of rights information. </li>
</ul>
</li>
</ul>
<p>We hope that the full range of stakeholders continue to engage energetically and productively. To develop the best possible copyright policy for the Internet, we need to hear from all affected interests, including those who create works, those who distribute them, and those who enjoy them.<br /></p>
https://www.uspto.gov/blog/director/entry/an_update_on_our_dallas
An Update on Our Dallas, Denver, and Silicon Valley Offices
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2013-07-19T06:45:29-04:00
2013-07-19T06:45:29-04:00
<p><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea</em></p>
<p>Last year we began providing a series of blog updates on the progress of our satellite offices, in <a href="http://www.uspto.gov/blog/director/entry/up_and_running_in_detroit">August</a>, <a href="http://www.uspto.gov/blog/director/entry/progress_report_on_satellite_office">September</a>, and <a href="http://www.uspto.gov/blog/director/entry/progress_continues_at_our_four">December</a>. This tradition continued with <a href="http://www.uspto.gov/blog/director/entry/happy_anniversary_detroit">an update</a> on our Elijah J. McCoy Satellite Office in Detroit, which just celebrated its first year of operation last week. </p>
<p>Today I want to update you on the progress of our satellite offices in Dallas, Denver, and Silicon Valley, <a href="http://www.uspto.gov/news/pr/2012/12-40.jsp">locations we identified in July 2012</a> 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. </p>
<p>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. </p>
<p>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.</p>
<p>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:</p>
<p>• Participating in our newly formed Software Partnership, which collected comments in February that will contribute to <a href="http://www.uspto.gov/blog/director/entry/uspto_and_the_obama_administration">our advancement of President Obama’s White House initiative</a> to curtail abusive patent litigation;<br />• Hosting local training programs on AIA topics such as the new first-inventor-to-file rules and PTAB proceedings;<br />• Planning additional STEM workshops to train K-12 teachers in the local school districts on innovation, entrepreneurship, and intellectual property; and<br />• Building relationships with local innovators, officials, industries, intellectual property bar associations, incubators, venture capitalists, and universities.</p>
<p>Permanent locations for the satellite offices have been identified at the <a href="http://www.uspto.gov/news/pr/2012/12-70.jsp">Terminal Annex Federal Building in Dallas</a> and the <a href="http://www.uspto.gov/news/pr/2012/12-53.jsp">Byron G. Rogers Federal Office Building in Denver</a>, 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.</p>
<p>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.</p>
https://www.uspto.gov/blog/director/entry/happy_anniversary_detroit
Happy Anniversary, Detroit
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2013-07-12T09:30:26-04:00
2013-07-12T09:30:26-04:00
<p><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea</em></p>
<p>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 <a href="http://www.uspto.gov/news/pr/2012/12-41.jsp">first satellite office</a>, 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. </p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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. </p>
<p>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 “<a href="http://www.uspto.gov/inventors/events/Detroit_Sat_Seminar.jsp">Saturday Seminars</a>” 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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
https://www.uspto.gov/blog/director/entry/announcing_the_global_patent_search
Announcing the Global Patent Search Network - Chinese Patent Documentation
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2013-07-08T09:43:23-04:00
2013-07-08T09:43:23-04:00
<p><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea</em></p>
<p>In an effort to expand our coverage of worldwide patent collections, I am pleased to announce the launch of the USPTO’s Global Patent Search Network. With this new search network, we hope to make patent research easier and more comprehensive by providing streamlined search capability to multiple international patent collections.</p>
<p>As a result of cooperative effort with the State Intellectual Property Office (SIPO) of the People’s Republic of China, Chinese patent documentation is now available for search and retrieval in the inaugural release of this search network. Accessible from the <a href="http://gpsn.uspto.gov/">USPTO website</a>, the data available includes both full text Chinese patents and English machine translations enabling users to search Chinese patent documents in the English or Chinese language. Users can search documents including published applications, granted patents and utility models from 2008 to 2011 in this collection, which will periodically be updated with more current data.</p>
<p>This new search tool delivers to the public, as well as our patent examiners, an additional source of foreign patent collections. Furthermore, the immediate availability of English machine translations will effectively address the language barrier and allow for quick analysis of the relevancy of the prior art while reducing the need for costly human translations. Machine translation technology can sometimes generate awkward wording, but it provides an excellent way to determine the gist of the information in a foreign patent. As this is the initial launch of the search network, we value any suggestions you may have to help us identify future enhancements to the tool. Please send your ideas to <a href="mailto:GPSN@uspto.gov">GPSN@uspto.gov</a>. </p>
<p>We believe that the introduction of the Global Patent Search Network and the future inclusion of additional foreign patent collections will be a valuable tool for improving search quality and comprehensiveness in today’s global IP market. </p>
<p>Additionally, in support of the federal government’s responsibility to achieve cost, agility, and innovation benefits of cloud computing, the Global Patent Search Network is the first patent-related initiative to use cloud technology. Our cloud computing solution will provide public value by increasing our operational efficiency and allow us to respond faster to the needs of the public and our examiners.</p>
<p>I invite you to begin searching our Chinese patent collection as we continue working to expand our set of foreign patent collections via this new Global Patent Search Network.</p>
https://www.uspto.gov/blog/director/entry/uspto_implementation_of_the_2013
USPTO Implementation of the 2013 Joint Strategic Plan for Intellectual Property Enforcement
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2013-06-20T07:16:14-04:00
2013-06-20T07:16:14-04:00
<p><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea</em></p>
<p>Today heralds the official release of the Obama Administration’s <em><a href="http://www.whitehouse.gov/sites/default/files/omb/IPEC/2013-us-ipec-joint-strategic-plan.pdf">2013 Joint Strategic Plan for Intellectual Property Enforcement</a></em>. Since the inaugural release of the strategy in 2010, the Administration has made significant accomplishments in the area of intellectual property enforcement. This includes legislation that updates and strengthens laws and stepped up enforcement against those infringers who threaten the vitality of the U.S. economy and the health and safety of the American people.</p>
<p>As part of the strategic plan, the U.S. Patent and Trademark Office is seeking feedback on private sector efforts to reduce online infringement through the development and implementation of cooperative, voluntary initiatives. Today <a href="https://www.federalregister.gov/articles/2013/06/20/2013-14702/request-of-the-united-states-patent-and-trademark-office-for-public-comments-voluntary-best">a request for public comments</a> was published in the Federal Register seeking input from all interested parties on the processes, data metrics, and methodologies that could be used to assess the effectiveness of cooperative agreements and other voluntary initiatives to reduce infringement.</p>
<p>This year’s strategic plan sets out the Administration’s overall vision for intellectual property enforcement for the next three years and serves as a roadmap for agency-specific activities necessary to achieve that vision. The USPTO plays a key role in the effort by promoting effective IP protection for U.S. innovators and entrepreneurs worldwide, securing stronger IP provisions in free trade and other international agreements, fostering respect for IP, and encouraging the development of strong IP enforcement regimes by U.S. trading partners. <br /> <br />Since the <em>2010 Joint Strategic Plan</em>, the USPTO has promoted stronger and more effective intellectual property protection domestically and around the world. Our achievements include technical assistance to the United States Trade Representative (USTR) during negotiations and implementation phases of the Intellectual Property Rights provisions contained in several free trade agreements, and launch of a website for federal, state and local prosecutors to request copies of trademark registration certificates to use in litigation. We’ve published several studies related to IP and enforcement, such as <em><a href="http://www.uspto.gov/news/publications/IP_Report_March_2012.pdf">Intellectual Property and the U.S. Economy</a></em>, <em>Specialized Intellectual Property Courts</em>, and <em>Counterfeit Hard Goods and the Public’s Health and Safety</em>.</p>
<p>Additionally, through the USPTO’s IPR Attaché Program, our IP attachés actively work to improve the protection and enforcement of U.S. intellectual property rights overseas. Through our Global Intellectual Property Academy (GIPA), the USPTO offers capacity-building programs in the United States and around the world on intellectual property protection, enforcement, and capitalization. </p>
<p>Building upon these accomplishments, the USPTO is committed to improving the effectiveness of our personnel stationed abroad and we are examining the feasibility of placing attachés in other key countries. We also continue to support U.S. small and medium-size enterprises in foreign markets through expanded outreach efforts, and we encourage voluntary initiatives to reduce online intellectual property infringement and illegal internet pharmacies. </p>
<p>The USPTO is pleased to participate in implementing action items listed in the <em>2013 Joint Strategic Plan</em> and advancing policy initiatives necessary to strengthen IP enforcement.</p>
https://www.uspto.gov/blog/director/entry/uspto_and_the_obama_administration
USPTO and the Obama Administration Taking Action to Improve Incentives for Future Innovation via High Tech Patents
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2013-06-17T06:27:11-04:00
2013-06-17T06:27:11-04:00
<p><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea</em></p>
<p>This month, President Obama offered a series of sweeping actions that, alongside Congressional steps, will immediately improve the environment for future innovation. These bold initiatives are designed to reduce abusive patent litigation tactics and to ensure the highest-quality patents in our system. The United States Patent and Trademark Office (USPTO) team is working hard, in consultation with stakeholders and the American public, to make this vision a reality.</p>
<p>The President <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.youtube.com/watch?v=kp_zigxMS-Y">set the stage for this new initiative February 14th</a> when he said “our efforts at patent reform [via the Leahy-Smith America Invents Act] only went about halfway to where we need to go, and what we need to do is to pull together additional stakeholders and see if we can build some additional consensus on smarter patent laws.” On June 4th, the President announced five executive actions, four of which are specifically tasked to the USPTO. I’d like to take a moment to outline how the USPTO plans to begin implementing those actions.</p>
<p>The President’s first executive action instructed the USPTO to begin a rulemaking process to require patent applicants and owners to regularly update patent ownership information. The lack of availability of this information and the problems faced by innovators were highlighted in a study by the Council of Economic Advisers and the National Economic Council that was released with the President’s announcement. This study, entitled “<a href="http://www.whitehouse.gov/sites/default/files/docs/patent_report.pdf">Patent Assertion and U.S. Innovation</a>,” documents the rise of litigation by so-called “patent assertion entities,” or PAEs (also described in the study as “patent trolls”). According to the study, a major challenge for companies and individuals targeted by PAEs is the difficulty in identifying the patent owner because PAEs often mask their identity by creating numerous shell entities. Better information on ownership will increase transparency, reduce abusive litigation, and enable more efficient licensing of patented technology. The rulemaking process will seek public comments on USPTO’s specific proposal on how to collect this new information and will also take into account stakeholder feedback received during <a href="http://www.uspto.gov/ip/officechiefecon/roundtable_01-11-2013.jsp">earlier stages of consideration</a> of this issue.</p>
<p>Turning to the second executive action announced in the President’s initiative, the USPTO will bolster training for patent examiners to improve their examination of functional claims and will also develop additional strategies to improve claim clarity. This action will build on our recent efforts to improve training programs for examiners to ensure the highest quality patent examination. Our next steps will be informed by the valuable stakeholder input received from the launch of our Software Partnership earlier this year, received both in public written comments and at two <a href="http://www.uspto.gov/patents/init_events/software_partnership.jsp">February engagement sessions</a> in Silicon Valley and New York City.</p>
<p>The third executive action of the President’s initiative is focused on empowering citizens using patented technologies in consumer products. As the study “Patent Assertion and U.S. Innovation” documents, PAEs are no longer solely targeting large companies holding vast patent portfolios. Small businesses and enterprising individuals have also been on the receiving end of intimidating letters accusing them of patent infringement and threatening litigation. That is why we will create a valuable online portal that will provide answers to key questions and additional information resources for those individuals. The USPTO has long viewed public education as a core function of the agency; educational materials paired with ready access to public data on particular patents will create a powerful resource to support both users and developers of technology.</p>
<p>That leads me to our fourth executive action—expanding dedicated stakeholder outreach and bringing together the best of academic and government study of these issues. We will continue to actively support White House outreach efforts and help to initiate events across the country to help build a consensus on the next steps that policymakers should be taking in updating our policies and laws. We’re also excited to expand our <a href="http://www.uspto.gov/blog/director/entry/the_uspto_thomas_alva_edison">Thomas Alva Edison Visiting Scholars program</a>. Growing this initiative—which brings leaders in academia to the USPTO to develop empirical data and analysis on which to base agency efforts to promote innovation—will play an important role in helping policymakers, including the USPTO, Congress, and the federal courts.</p>
<p>In addition to our executive actions, the President’s initiative outlined a number of steps that Congress can take to reduce abusive PAE litigation while promoting a robust intellectual property system that drives innovation. We worked closely with bipartisan Congressional leaders during the development and passage of the Leahy-Smith America Invents Act (AIA), and we look forward to continue working with Congress to achieve the President’s goals.</p>
<p>The U.S. patent system “has spurred progress that has driven economic growth and transformed the way we live, work, communicate, and stay healthy,” National Economic Council Director Gene Sperling wrote in <a href="http://www.whitehouse.gov/blog/2013/06/04/taking-patent-trolls-protect-american-innovation">a White House blog</a> June 4th. Our patent system is “enshrined in our Constitution…to encourage innovation and invention.” This Administration has done much to improve our patent system for the betterment of our economy and our society, including through the USPTO’s implementation of AIA. With your help we can—and we will—do more.</p>
https://www.uspto.gov/blog/director/entry/strengthening_our_engagement_with_china
Strengthening Our Engagement with China
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2013-06-03T10:42:47-04:00
2013-06-03T10:42:47-04:00
<p><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea</em></p>
<p>As part of our ongoing engagement with China, the USPTO recently hosted two Chinese delegations and two U.S. delegations. The first delegation included nearly two dozen Chinese IP officials participating in a two-day meeting April 16-17. This meeting of the Intellectual Property Rights (IPR) Working Group was held under the auspices of the Joint Commission on Commerce and Trade (JCCT), the principal vehicle for the United States and China to discuss trade-related IP issues. </p>
<p>The JCCT U.S. delegation is led by two U.S. Cabinet-level officials—the Commerce Secretary and the United States Trade Representative (USTR)—who meet once a year either in China or the U.S. The JCCT IPR Working Group is one of many interagency working groups within the JCCT, led at the under secretary level by the USPTO and the USTR. The USPTO hosted the first JCCT IPR Working Group meeting nearly 10 years ago, and we were pleased to host our Chinese colleagues once again, as well as members of the U.S. interagency delegation.</p>
<p>The IPR Working Group meeting covered patent, trademark, copyright, and trade secret issues that are at the forefront of the U.S./China relationship. In addition, I met individually with Chinese Minister-Counselor for Commercial Affairs Zhang Shaogang, and the Chinese IP attaché in Washington, Chen Fuli. We discussed ongoing and future cooperative efforts, as well as some difficulties that many pharmaceutical and biotech companies are facing at the Chinese patent office. </p>
<p>On April 19, we hosted a delegation of Chinese officials involved in amending China’s copyright law. The seven-member delegation was led by Director General Wang Ziqiang of China’s National Copyright Administration, and included other officials from his office and senior representatives from the National People’s Congress, the State Council Legislative Affairs Office, and the Chinese Embassy.</p>
<p>Copyright and enforcement experts from the USPTO, the U.S. Copyright Office, and the U.S. Department of Justice participated in the all-day meeting, during which I delivered opening remarks. The session allowed U.S. officials to learn more about the latest draft of China’s copyright law amendments now pending at the State Council Legislative Affairs Office, and at the same time permitted the Chinese delegation to become better acquainted with U.S. law and practice.</p>
<p>China intends to amend all of its IP laws in the next few years, and we expect to have periodic technical discussions and expert exchanges with our counterpart agencies during this process. China’s legislature is now reviewing draft revisions to China’s trademark law. We expect that the draft copyright law amendments will be taken up within the next year or two by China’s legislature, and revisions to China’s patent law will likely follow soon after.</p>
<p>We also heard the news that the former minister in charge of China’s National Copyright Administration, Liu Binjie, is now with China’s National People’s Congress where he will continue to be engaged on legislative reform. We welcome continued cooperation with him.</p>
<p>Our engagement with China is indeed broader than a few visits to Washington, D.C. Most recently, I met with the American Chambers of Commerce for China and Shanghai and the U.S. Chamber of Commerce to discuss USPTO’s activities in China and their concerns. In addition, I look forward to meeting with the head of China’s State Intellectual Property Office, Commissioner Tian Lipu, at a meeting of the five largest patent offices in the world (the “IP5”) in Silicon Valley this week. There we will discuss a range of issues of concern to our offices and stakeholders.</p>
<p>During the past year, we established a dedicated China team at the USPTO, led by our former IP attaché in Beijing, Mark Cohen. The team is staffed by nearly 20 people in both China and the United States. Our IPR attaché program has been expanded to the U.S. embassy in Beijing and to consulates in the cities of Shanghai and Guangzhou. During the summer, we will be sending Joel Blank to serve as our next IP attaché in Beijing, and Timothy Browning to serve in Guangzhou. They will join Dr. Jared Ragland, our current IP attaché in Shanghai. </p>
<p>The USPTO has a stellar team of IP experts, and we do our job best when we work closely with U.S. stakeholders on issues of common concern. Keep us posted on what challenges you are facing in China and globally in protecting your IP.</p>
https://www.uspto.gov/blog/director/entry/advancing_the_role_of_trademarks
Advancing the Role of Trademarks
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2013-05-30T07:32:52-04:00
2013-06-03T06:54:02-04:00
<p><em>Guest blog by Commissioner for Trademarks Deborah S. Cohn</em></p>
<p>For the last two years the USPTO’s Trademarks team has actively engaged the private sector in developing pro bono and educational outreach programs. The primary goal of these programs is to offer the best possible intellectual property (IP) guidance and training to all of our stakeholders. These efforts follow the USPTO publication in April 2011 of a congressionally-mandated report outlining the extent to which trademark litigation harms small businesses. That report outlined steps the USPTO could take to better educate the public and stakeholders with resources enabling small businesses to further their understanding of trademark basics, enforcement measures, and available tools for protecting and enforcing trademark rights.</p>
<p>We have contacted bar associations in all fifty states to encourage the development of pro bono programs. The USPTO also launched a new trademark educational outreach program geared to general audiences that normally would not have easy access to such information, including non-trademark attorneys, the small business community, the entrepreneurial community, and students. In addition to these trademark-specific programs, the USPTO also conducts other programs designed to educate the public more broadly about intellectual property rights.</p>
<p>For several years, the USPTO has partnered with law schools across the country in an effort to provide pro bono services to trademark and patent applicants through student clinic programs under the supervision of licensed attorneys. In 2012, we dramatically increased the number of participating schools and therefore our reach into the community with these programs. We recently had the pleasure of welcoming to our headquarters more than 55 law students and faculty participating in our innovative <a href="http://www.uspto.gov/ip/boards/oed/practitioner/agents/law_school_pilot.jsp">Law School Clinic Certification Pilot Program</a>. Visitors heard presentations from a wide range of USPTO personnel, including Acting Director Teresa Stanek Rea, attorneys from the Office of the Solicitor, and administrative trademark judges from the Trademark Trial and Appeal Board (TTAB).</p>
<p>The USPTO has also hosted a Trademark Expo for a number of years. These well-attended events combined seminars and exhibits to engage the public on trademarks and their importance. We have also published a significantly improved Basic Facts Booklet and produced a series of educational videos, all of which are easily accessible at <a href="http://www.uspto.gov/">www.uspto.gov</a>.</p>
<p>We remain committed to advancing the registration of trademarks and understanding their role. As always, we welcome your feedback and suggestions on how we can improve our trademark educational outreach efforts. Simply email a comment to our dedicated mailbox, <a href="mailto:TMFeedback@uspto.gov">TMFeedback@uspto.gov</a>. We look forward to hearing from you.</p>
https://www.uspto.gov/blog/director/entry/hack_for_change
Hack for Change
$entry.creator.screenName
2013-05-21T09:59:01-04:00
2013-05-21T09:59:01-04:00
<p><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea</em></p>
<p>Government has vast amounts of information that can be used to improve our lives, and the Obama Administration has challenged federal agencies to make this data easily accessible to and usable by the public. Agencies across the government are using the National Day of Civic Hacking on June 1 and 2, to address that challenge. </p>
<p>Its name may trigger negative connotations, but civic hacking is a positive form of citizen engagement and volunteerism that uses technology to tackle social challenges. Civic hackers are community members—engineers, software developers, designers, entrepreneurs, activists, and concerned citizens—who collaborate with others, including government, to invent ways to improve quality of life in their communities. </p>
<p>The USPTO is using the government-wide focus on civic hacking as a great opportunity to crowdsource innovative ideas from our extensive trademark data. A trademark is a brand name, slogan, or logo that sellers use to identify and distinguish their products and services. Consumers rely on trademarks to distinguish among competing sellers and ensure the purchase of a quality product. Individuals and companies register their trademarks with the USPTO to enhance intellectual property protection for their brands. </p>
<p>The USPTO currently provides high-quality databases and tools for searching for information about pending and registered marks. However, these resources are used mostly by the trademark community and the USPTO for issues related to the federal trademark registration process.</p>
<p>In February, the USPTO released a <a href="http://www.uspto.gov/ip/officechiefecon/tm_casefiles.jsp">comprehensive dataset of information</a> on registered U.S. trademarks in the hope of spurring a flood of new inquiries into such areas as marketing, advertising, brand use, innovation, and new product and service introduction.<sup>1</sup> We challenge National Day of Civic Hacking participants to use the trademark dataset and other open data sources to develop a tool that identifies federally registered trademarks that comprise an entity’s portfolio or brand, or are used on specific products, in designated industries, or in geographical areas. Such a solution could provide useful information on how entities develop and employ their brands; whether entities expand into new products, sectors, or regions; and the potential value of trademark portfolios to these entities. The solution may also yield industry-specific information that could inform consumer decisions and aid startups and other firms seeking to develop new product lines.</p>
<p>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 <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.hackforchange.org">hackforchange.org</a>.</p>
<p> </p><hr />
<p> </p>
<p> <sup>1</sup>For a thorough description of these data, see Graham, S., Hancock, G., Marco, A., & Myers, A., “<a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=papers.ssrn.com/sol3/papers.cfm?abstract_id=2188621">The USPTO Trademark Case Files Dataset: Descriptions, Lessons, and Insights</a>,” SSRN working paper (2013) (“Case Files”).</p>
<p> </p>
<p> </p>
https://www.uspto.gov/blog/director/entry/global_classification_and_the_uspto
Global Classification and the USPTO
$entry.creator.screenName
2013-05-14T06:52:39-04:00
2013-05-14T06:52:39-04:00
<p><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea</em></p>
<p>A new chapter has opened in global classification of patent documents. A collaborative internationally compatible classification system—Cooperative Patent Classification (CPC)—has now been established between the United States Patent Office (USPTO) and the European Patent Office (EPO) for cataloging technical and patent documents used in the patent-granting process. Planned phase out of the current United States Patent Classification (USPC) system is scheduled for January 2015. During this transition, the Office will begin classifying in CPC while continuing to classify and route applications using the USPC system. </p>
<p>Placing a classification symbol on an application means an examiner has determined the proper technical field to place the invention. As the Office progresses through its two-year transitional period to full implementation of CPC, examiners will receive extensive training enabling them to effectively search in CPC and place CPC symbols on published patent applications and granted patents. </p>
<p>With over 8 million U.S. patent documents already containing CPC symbols, patent applicants and owners may be wondering what immediate impact CPC will have on patent searches and classification. It will mean a more comprehensive search of prior art. Existing search tools have been modified to provide all users the ability to search documents classified in CPC, USPC, and International Patent Classification (IPC) systems. These tools are available on the <a href="http://www.uspto.gov/patents/resources/classification/index.jsp">USPTO’s classification website</a>. Once fully implemented, our examiners will classify and search exclusively in CPC.</p>
<p>Transitioning to CPC is a gradual process. All parties working with CPC should be patient with the process and proactive in learning how to use the new classification scheme and tools. </p>
<p>CPC is the future of classification for the USPTO and the EPO. Together, we are engaging other IP offices to expand the usage of CPC and explore future enhancements to the CPC system. By joining together and sharing resources with the EPO, CPC will provide far-reaching benefits to our employees, stakeholders, and the international patent classification community. </p>
<p>More information about CPC is available on the jointly maintained CPC website at <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.cpcinfo.org">cpcinfo.org</a> where training materials and information about our transition are routinely updated. The USPTO welcomes your thoughts throughout this transition. Please send any questions or comments to the CPC mailbox at <a href="mailto:CPC@uspto.gov">CPC@uspto.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/uspto_s_global_intellectual_property
USPTO’s Global Intellectual Property Academy Continues to Advance IP Awareness and Respect At Home and Abroad
$entry.creator.screenName
2013-05-02T07:12:08-04:00
2013-05-02T07:12:08-04:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>The USPTO’s Office of Policy and External Affairs (OPEA), through its Global Intellectual Property Academy (”Academy”), is pleased to produce some key metrics from the first and second quarters of FY 2013 that quantify the advancement of its mission to promote awareness of and respect for the intellectual property rights of American businesses. During these past two quarters, the Academy expanded its educational, technical assistance, and capacity-building on IP issues to audiences both in the U.S. and abroad. Academy programs were offered to patent, trademark and copyright officials in the U.S. and abroad, including judges and IP enforcement officials, to further understanding and respect for intellectual property rights.</p>
<p>The Academy conducted 15 programs during the first two quarters for U.S. small and medium-sized enterprises. For example, it participated in the USPTO’s Trademark Expo, which highlights the important role trademarks play in commerce and society. The Academy also organized seminars on a variety of topics, including “What Every Small Business Must Know about Intellectual Property,” and the problems of counterfeiting and piracy.</p>
<p>During the first two quarters, the Academy also conducted 44 training programs for 1,937 foreign officials. One particularly important program brought approximately 300 judges here from around the world to discuss IP awareness and enforcement in a historic conference of the International Association of Judges. The Academy focused on such topics as the use of specialized courts and addressing IP infringements in the digital environment.</p>
<p>For more information on our activities across the first two quarters of fiscal year 2013, I invite you to see all of our performance metrics, which are available on our <a href="http://www.uspto.gov/dashboards/externalaffairs/main.dashxml">Policy and External Affairs dashboard</a>.</p>
https://www.uspto.gov/blog/director/entry/introducing_our_latest_performance_dashboard
Introducing Our Latest Performance Dashboard
$entry.creator.screenName
2013-04-18T06:41:24-04:00
2013-04-18T06:41:24-04:00
<p><em>Guest blog by Chief Administrative Trademark Judge Gerard Rogers</em></p>
<p>The USPTO has added more color to its Data Visualization Center with the addition of the <a href="http://www.uspto.gov/dashboards/TTAB/main.dashxml">Trademark Trial and Appeal Board (TTAB) Dashboard</a>. In the spirit of open government, the TTAB dashboard is yet another way we are embracing transparency, by offering the public and TTAB users a new perspective on our operations. This inaugural TTAB dashboard provides critical information necessary for a true understanding of the various matters pending before the board, while assisting the public in assessing our performance. </p>
<p>The dashboard provides easy access to a variety of measures. Those include the average pendency of contested motions; the average pendency of appeal and trial cases being decided on the merits; and additional data that tracks new filings and inventory. We will update the data every quarter and provide comparisons with prior quarters. Pendency, filing, and inventory trends should be readily apparent. </p>
<p>The graphics and data are presented in three main sections. First, there are key pendency measures, information on new filings with the board, and pending inventory. Second, there is information about the docket of ex parte appeals, which is the source of approximately three quarters of the final decisions on the merits issued each year by the board. Third, there is information on oppositions and cancellations, the Board’s trial cases, including the contested motions that often arise in these cases. </p>
<p>Users can identify trends by looking at quarterly changes in pending matters maturing to become ready for decision, files waiting in inventory, and the age of proceedings. Other helpful statistics include the number and age of contested motions becoming ready for decision during a quarter, as well as those that are in inventory at the end of each quarter. Of particular note is the breakdown, by age, of various types of motions, including motions to compel, dismiss, or seek summary judgment.</p>
<p>While our current pendency and inventory of both contested motions and final decisions are slightly higher than we’d like them to be, we are instituting new initiatives to improve our performance. We anticipate improvement in the near future as our newly hired judges and interlocutory attorneys continue to become acclimated to their new roles. We believe the new TTAB dashboard will prove to be a valuable resource, and we welcome any feedback on how we can make this tool even more useful. Please email any comments to our dedicated mailbox, <a href="mailto:TTABdashboard@uspto.gov">TTABdashboard@uspto.gov</a>. We look forward to keeping up efforts to provide additional data and maintain transparency into the future.</p>
https://www.uspto.gov/blog/director/entry/empowering_current_and_future_ip
Empowering Current and Future IP Attorneys
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2013-04-03T07:10:03-04:00
2013-04-03T07:10:03-04:00
<p><em>Guest blog by Deputy General Counsel for Enrollment and Discipline Will Covey</em></p>
<p>For many patent attorneys and agents, the Office of Enrollment and Discipline (OED) is a name only seen when registering to practice or being investigated in a disciplinary matter. During the last year, however, OED has become more engaged with both current and future IP legal practitioners in an effort to educate inquiring minds about patent and trademark procedures while creating open lines of communication with attorneys and agents currently practicing before the USPTO.</p>
<p>As part of our focus on future practitioners, we recently had the pleasure of welcoming to our headquarters more than 55 law students and faculty participating in our innovative Law School Clinic Certification Pilot Program. The visitors heard presentations from a wide range of USPTO personnel, including Acting Director Teresa Stanek Rea, Commissioner for Trademarks Debbie Cohn, attorneys from the Office of the Solicitor, administrative trademark judges from the Trademark Trial and Appeal Board (TTAB), Deputy Chief Administrative Patent Judge James T. Moore from the Patent Trial and Appeal Board (PTAB), personnel from the Office of Patent Legal Administration (OPLA), attorneys from the OED, and human resources specialists. </p>
<p>The day-long program included an opportunity for participants to observe arguments by counsel in a TTAB opposition proceeding, questioning by the panel of judges, and a post-hearing discussion on effective presentation of arguments. In addition, program participants were able to engage with each other and USPTO personnel in various roundtable discussions.</p>
<p>The USPTO has designed this growing program to introduce future practitioners to the agency. It affords them the opportunity to gain experience by practicing in patent and/or trademark matters before the USPTO, under the guidance of a Law School Faculty Clinic supervisor. Specifically, students counsel clients, prepare applications, and respond to office actions on a pro bono basis. Under OED’s leadership, the program has grown tremendously: from six schools in 2008 to 28 schools today. About 880 law students have participated in the program to date. You can learn more about the program and the latest news about it on <a href="http://www.uspto.gov/ip/boards/oed/practitioner/agents/law_school_pilot.jsp">our website</a>. </p>
<p>Our focus on current practitioners includes our recently published new ethics rules, known as the <a href="http://www.uspto.gov/ip/boards/oed/ethics.jsp">USPTO Rules of Professional Conduct</a>. Designed to make life easier for the more than 41,000 practitioners who interact with our agency, they are based upon the American Bar Association’s Model Rules of Professional Conduct. The ethics rules are the first major update since 1985 and reflect the rules in place in 49 states and the District of Columbia. We spent a great deal of time reaching out to stakeholders in the IP community to balance the need of applicants as well as practitioners. Additionally, I am proud to say that the latest rulemaking eliminated the annual practitioner maintenance fee.</p>
<p>Our team of attorneys and staff has also been busy keeping up with the changes in patent law. Specifically, the registration exam for patent attorneys and agents has been updated four times in the past two years to reflect Supreme Court decisions, other relevant case law, and the Leahy-Smith America Invents Act (AIA). The latest update was released yesterday (April 2, 2013). It includes the final provisions of the AIA, such as First Inventor to File, which took effect on March 16, 2013.</p>
<p>Our entire OED team is committed to ensuring that current and future practitioners are equipped with tools essential to keeping America’s innovation engine running. </p>
https://www.uspto.gov/blog/director/entry/examiner_training_continues_on_first
Examiner Training Continues on First Inventor to File
USPTO
2013-03-20T05:47:41-04:00
2013-03-20T06:04:14-04:00
<p align="left"><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea<br /><br /></em>The much anticipated First-Inventor-to-File (FITF) provision of the Leahy-Smith America Invents Act (AIA) became effective March 16, 2013. The new system improves the transparency and fairness of our patent system. By harmonizing our filing system with the rest of the world’s industrial leaders, innovators competing in the global economy can more easily acquire venture capital, begin constructing their inventions, and seek out new markets at home and abroad. <br /><br />The USPTO has already begun conducting examiner training on the FITF provision for our examining corps of more than 8,500 employees. The FITF training addresses critical changes to 35 U.S.C. §102 that redefine both prior art and the effective filing date afforded applications. <br /><br />The training entails a three-part approach, recognizing applications to be examined under the AIA FITF law will gradually rise to the top of their dockets. For most examiners, this will not occur until this summer.<br /><br />The first phase runs through April 4, 2013, and offers a three-part overview: </p>
<ol>
<li>
<div align="left"><a href="http://helix-1.uspto.gov/asxgen/AIA%20Close%20Cpt.wmv">An introductory video</a> that familiarizes the examiners with the AIA FITF statute and highlights some of the major changes;</div>
</li>
<li>
<div align="left">A live, lecture-style training session that delves deeper into rejections under 35 USC §§102 (a) (1) and (a)(2) and the exceptions to these rejections under 35 USC §§102(b)(1)(A-B) and (b)(2)(A-C), showcasing practical examples of each; and</div>
</li>
<li>
<div align="left">A follow-up video that re-emphasizes the statutory framework and provides additional practical examples of the provisions discussed in the live training.</div>
</li>
</ol>
<p>A computer-based version of the live training is also being prepared as an online reference for examiners.<br /><br />The second training phase consists of “just in time” or one-on-one training with an AIA FITF subject matter expert. It is intended to assist examiners in applying the provisions to particular applications in need of immediate examination, such as prioritized applications. This phase will run prior to the commencement of the third phase of training, a comprehensive course in July. Because applications filed on or after March 16, 2013, will take some time before being ready for examination, it is not expected that many employees will require this intermediate training.<br /><br />The third and final phase in July 2013 will provide all examiners with an in-depth understanding of the FITF provisions, including how they impact prosecution. It will consist of small workshops geared toward greater interaction between examiners and FITF subject matter experts, providing examiners the opportunity to have specific questions answered.<br /><br />All of the examiner training material on the FITF provisions of the AIA will be made available to the public on our <a href="http://www.uspto.gov/americainventsact">AIA microsite</a>.<br /></p>
https://www.uspto.gov/blog/director/entry/a_new_chapter_for_protection
A New Chapter for Protection of Industrial Design for the United States
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2013-03-01T07:33:17-05:00
2013-05-10T06:27:13-04:00
<p><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea</em></p>
<p>President Obama’s signature on the Patent Law Treaties Implementation Act of 2012 marked the culmination of a long effort to empower American industrial designers to protect their innovative designs in many of the world’s most active markets. Under this new law, applicants can file a single international design application to acquire global protection. The law serves as the implementing legislation for both the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“the Hague Agreement”) and the Patent Law Treaty. Its passage late last year paved the way for the U.S. to become a party to the Hague Agreement within the next year.</p>
<p>The Hague Agreement in basic terms is an international registration system allowing industrial design owners to apply for protection in a number of states and/or intergovernmental organizations (such as the European Union) using a single international design application. American industrial design creators—who currently prepare and file separate applications for each jurisdiction—will now be able to file a single, English-language application with the World Intellectual Property Organization (WIPO) directly, or indirectly through the USPTO.</p>
<p>Why is this so important for American businesses? In short, it saves money. This new process will also protect small and medium sized businesses that lack a global footprint by enabling them to easily and swiftly acquire design protection in multiple markets.</p>
<p>U.S. membership represents the culmination of about two decades of hard work and dedication by many still at the USPTO, many who have since left, and by a variety of stakeholders in the design community. Of great importance to the design community now is that U.S. membership and participation in the Hague Agreement will serve as a catalyst for membership by other countries—large and small alike—that are actively considering membership, further fostering the protection of innovation in industrial design in a significant way.</p>
<p>U.S. membership is particularly timely because the importance of industrial design in a complex world is continually increasing. Whether in mobile technologies, in manufacturing, or in household appliances, design features increasingly bridge the gap between complex computer operations and a user-friendly interface. Industrial design makes products intuitive, aesthetically appealing, and comfortable to handle.</p>
<p>The USPTO applauds the many individuals whose hard work culminated in President Obama’s signature to the legislation implementing U.S. participation in the Hague Agreement. We are proud to be at the forefront of this next step in improved access to cost-efficient protection for America’s industrial designers, large and small.</p>
https://www.uspto.gov/blog/director/entry/wanted_your_ideas_and_feedback
Wanted: Your Ideas and Feedback About "RCEs"
$entry.creator.screenName
2013-02-12T05:38:16-05:00
2013-02-12T05:38:16-05:00
<p><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea</em></p>
<p>During the last few years the USPTO has developed and implemented many significant changes to enhance the quality and efficiency of the examination process. We understand that resolving issues as early as possible during prosecution benefits applicants and the public. At the same time, we recognize that many inventions presented to the office are becoming increasingly complex, and may require more prosecution steps to complete a thorough and robust examination. Filing a Request for Continued Examination (RCE) is one of several tools available for stakeholders to resolve issues.</p>
<p>The USPTO currently has a backlog of applications awaiting examination after an RCE has been filed, and we’re actively pursuing efforts to address this backlog. But as we’re doing that, we’re also testing initiatives that may reduce the number of RCEs that need to be filed. For example, the office has initiated two pilots—the <a href="http://www.uspto.gov/patents/init_events/afcp.jsp">After Final Consideration Pilot</a> (AFCP) and the <a href="http://www.uspto.gov/patents/init_events/qpids.jsp">Quick Path IDS</a> (QPIDS) pilot—designed to obviate the need to file some RCEs. The AFCP provides a limited amount of time for an examiner to give more consideration to submissions made under 37 CFR 1.116. The QPIDS pilot is intended to reduce pendency and applicant costs when an information disclosure statement (IDS) is filed after payment of the issue fee. To date about 600 RCEs have been avoided due to the QPIDS pilot. Both pilots are currently set to end on March 23, 2013. <br /> <br />To further assist and help shape future RCE backlog reduction efforts, we want to learn more about the root causes for RCE filings and related pressure points experienced by our stakeholder community. In close collaboration with our <a href="http://www.uspto.gov/about/advisory/ppac/index.jsp">Patent Public Advisory Committee</a> (PPAC), we recently initiated an RCE Outreach program which seeks to gather input from stakeholders about RCEs. The purpose of this effort is not to eliminate RCE practice or in any way disadvantage it, but rather enable applicants to use RCE practice when needed and avoid it when equal or better options may be available. The <a href="http://www.uspto.gov/patents/init_events/rce_outreach.jsp">RCE Outreach program Web page</a> has a wealth of data about RCE filing and prosecution behaviors, an online collaboration tool for submitting comments, and a series of questions about RCE practice. I invite you to become part of the conversation and future solutions. The RCE Outreach initiative will also feature a series of roundtables and smaller focus sessions in Silicon Valley, Dallas, New York, Chicago, and at USPTO headquarters in Alexandria, Va. As they become available, the details on how to participate will be listed on our RCE Outreach Web page.</p>
https://www.uspto.gov/blog/director/entry/the_uspto_thomas_alva_edison
The USPTO Thomas Alva Edison Visiting Scholars Program Celebrates its First Year
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2013-02-08T05:25:23-05:00
2013-02-08T05:25:23-05:00
<p><em>Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea</em></p>
<p>I’m happy to report that the first year of our <a href="http://www.uspto.gov/news/pr/2012/12-13.jsp">Thomas Alva Edison Visiting Scholars Program</a> 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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
https://www.uspto.gov/blog/director/entry/new_digital_copyright_principles_just
New Digital Copyright Principles Just Published
$entry.creator.screenName
2013-01-31T08:41:00-05:00
2013-02-22T07:06:21-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>As many readers know, I've served on the <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.weforum.org/content/global-agenda-council-intellectual-property-system-2012/">World Economic Forum's Global Agenda Council on IP</a> for the past few years. This group of IP experts from across the globe promotes understanding of the role IP rights play in driving economic development, creating jobs and opportunity, raising living standards, and empowering underserved communities in both emerging and industrialized regions.</p>
<p>The council has been working recently on issues around copyright in the digital age. As part of this effort, the council just published a set of <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www3.weforum.org/docs/WEF_GAC_CopyrightPrinciples.pdf">Digital Copyright Principles</a> for policy makers to consider as they strive to adapt the traditional balances in the copyright system in a changing world. The council also identified <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www3.weforum.org/docs/WEF_GAC_IntellectualPropertySystemMegatrends.pdf">a set of overarching trends</a> driving these changes.</p>
<p>The Digital Copyright Principles seek to promote a balanced view of public benefits and private rights, with copyright as a means to achieve important societal ends. By focusing on what we ultimately want copyright to accomplish, the principles seek to emphasize the common ground between different groups, with the aim of moving forward a principle-based discussion.</p>
<p>I invite readers to review the Digital Copyright Principles and discuss with your colleagues. Together we can build a system that realizes the full potential of the digital age.</p>
https://www.uspto.gov/blog/director/entry/working_together_on_chinese_trademark
Working Together on Chinese Trademark Issues
$entry.creator.screenName
2013-01-30T09:19:49-05:00
2013-02-22T07:05:33-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Many IP issues in China receive high-profile attention in the media. However, quiet efforts by both countries’ leaders to develop and promote a long-range shared vision do not as a rule make the news. A good example is USPTO’s work with the Chinese Trademark Office (CTMO) and the Trademark Review and Adjudication Board (TRAB), a model of successful, sustained technical cooperation. The USPTO has worked closely and intensively for several years with these offices, exchanging best practices and candidly discussing challenges. This engagement, in turn, has led to several positive developments. </p>
<p>For example, USPTO collaborated with and supported CTMO’s effort to increase transparency through projects such as creating an <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=sbcx.saic.gov.cn/trade-e/index.jsp">online English-language trademark registration</a> to assist companies conducting preliminary searches, as well as publishing for an English-speaking audience its <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.inta.org/TMR/Documents/Volume%2095/vol95_no3_a5.pdf">research reports on the protection of foreign well-known marks</a>. Thanks to these two efforts, U.S. companies can now conduct easy, no-cost preliminary trademark searches in English, and they can gain a better understanding of the way China protects well-known marks.</p>
<p>USPTO has also exchanged best practices with CTMO and TRAB examiners in substantive areas of examination, such as sound and single color mark examination, by both providing training and Chinese translations of sections of the USPTO Trademark Manual of Examination Procedure for reference by CTMO examiners. USPTO, CTMO, and TRAB have held exchanges on trademark administration and IT issues over the years, and during that time the CTMO has drastically reduced its pendency.</p>
<p>Another notable area of cooperation has been on the topic of bad faith filings, also referred to as “trademark squatting”<span style="LINE-HEIGHT: 115%; FONT-FAMILY: 'Calibri','sans-serif'; FONT-SIZE: 11pt">—</span>the practice of a party intentionally filing for another party’s trademark. In 2010, the USPTO joined together with the Japan Patent Office (JPO), The Office of Harmonization for the Internal Market (the European Union’s Trademark Office), and the CTMO to launch a series of technical seminars in Beijing on that issue, intended to identify useful features of national trademark systems that can be implemented as best practices in other countries. </p>
<p>Following the collaborative seminars, we were pleased to see that China’s Supreme People’s Court newspaper recently highlighted the <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.rmfyb.com.cn/paper/html/2012-12/10/content_54850.htm">results of its study on bad faith filing</a> issued in December by the Beijing Number 1 Intermediate People’s Court. The study counseled courts to deter squatting activities when they interpret and apply the law, as well as to admit evidence with the goal of prohibiting this activity. In conjunction with this report, the court issued judgments in six cases against trademark squatters, sending a message about the importance of honest trading. </p>
<p>We have also followed the issue of bad faith filing as China’s legislative branch tackles the problem. On December 31st, China’s National People’s Congress published a <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.npc.gov.cn/npc/xinwen/lfgz/flca/2012-12/28/content_1749326.htm">draft of China’s proposed new trademark law</a> for review and comment. One of China’s goals in revising its trademark law is to address the issue of bad faith trademark filing. We will continue to work together with China on this issue. </p>
<p>The Chinese have a saying that the longest journey begins with the first step. We believe the steps the U.S. and China have taken together have improved the IP system for all.</p>
https://www.uspto.gov/blog/director/entry/trademark_dashboard_for_quarter_1
Trademark Dashboard For Quarter 1 Is Ready
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2013-01-25T09:41:40-05:00
2013-01-25T09:41:40-05:00
<p><i>Guest blog by Commissioner for Trademarks Deborah Cohn</i></p>
<p style="LINE-HEIGHT: 150%">It’s time again to share with you our Trademarks performance metrics for the last quarter, and I hope you’re as pleased as we are with the results. I should note that in response to your requests, we’ve added a new measure to the report. The application filing basis – use in commerce, intention to use, or based upon a foreign application or registration – will be reported as a percentage of new application filings. </p>
<p style="LINE-HEIGHT: 150%">We’re proud to report continued high performance in our Trademark business unit. Trademark application filings continue to increase, following the record set last fiscal year when more new applications were filed than any other year.</p>
<p style="LINE-HEIGHT: 150%">Our record performance is the result of a number of factors including greater use of the systems, tools, and resources necessary to manage new application filings electronically and by our dedicated and qualified employees who do their best to manage them well. The Trademarks <a href="http://www.uspto.gov/dashboards/trademarks/">performance dashboard</a> has been updated to showcase our record of performance results. I invite you to take a look at how the Trademarks team is working to serve you and look forward to your feedback. </p>
<p style="LINE-HEIGHT: 150%">Our three quality indicators, which set high standards for examination quality, show mixed results in the first quarter. Results for first and final action compliance are slightly less than target, demonstrating the challenge in maintaining consistently high standards. Our newest indicator, ‘exceptional office action’ continues to exceed expectations for evaluating the ‘excellence’ of the examiner’s writing, evidence, and search strategy in preparing the office action. Quality results are reinforced by constant feedback, specialized training, and online tools and manuals to ensure the quality of the trademark register. </p>
<p style="LINE-HEIGHT: 150%">Every month over the last quarter, first action pendency stayed in the target range of 2.5 to 3.5 months from filing to issue a first action. Pendency to registration continues to remain at historically low levels. Disposal pendency – the time from when an application is filed until a trademark is registered or abandoned – has been under 12 months for the past three years – another record. This is due in part to the progress made from the use of TEAS Plus applications and greater acceptance of electronic filing, which now comprises more than 75 percent of all applications processed to disposal.</p>
<p style="LINE-HEIGHT: 150%">We welcome any feedback you have on how we can improve this dashboard. Simply email a comment to <a href="mailto:TMfeedback@uspto.gov">our dedicated mailbox</a>. We look forward to hearing from you.</p>
https://www.uspto.gov/blog/director/entry/using_a_data_driven_approach
Using a Data-Driven Approach for Quality Improvements
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2013-01-22T09:08:57-05:00
2013-02-22T07:08:50-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>I write frequently about patent quality. Quality increases certainty and strengthens the whole innovation ecosystem. Improving patent quality was a key element in building bipartisan support for the America Invents Act, which we are diligently implementing. Our patents team at USPTO met both quality and production targets last year, and today, I’d like to showcase their efforts in seeking continuous improvement in the quality and efficiency of patent examination. </p>
<p>The USPTO is a data-rich agency. The patents team monitors over 90 measures for Quality Index Reporting (QIR). The QIR data helps us spot trends, understand unique technological challenges that impact quality and/or efficiency, and provide management information that can be used to identify areas for improvement. The QIR data allows us to do some remarkable work in improving quality. This past year alone, front line managers used them to give specific training to examiners in restriction practice, art specific training, and compact prosecution to name just a few. </p>
<p>Based on stakeholder feedback, the management team focused on three technology centers in our Patents organization, and I would like to share the approach they took, the results they have achieved, and the course they continue to follow. The specific groups we focused on were the pharmaceutical composition area of TC 1600, the business methods area of TC 3600, and the medical device areas of TC 3700.</p>
<p>In TC 1600, deeper dives into the data revealed instances of significant variance between examiners in allowance rates. The Technology Center initiated open discussions between examiners and supervisors to identify root causes for this variance. Through these discussions, opportunities for improvement surfaced including more concentrated efforts to identify allowable subject matter and negotiate allowances, and more consistent treatment of secondary considerations of obviousness. An action plan was developed, including an external outreach component utilizing the Biotechnology Customer Partnership (BCP), an awareness campaign, and both individual and group training sessions. It is important to note that no particular allowance rate was prescribed in any way, and managers clarified that the purpose of the training was to help facilitate the allowance of allowable subject matter, as well as the clear rejection of claims and subject matter that is not allowable.</p>
<p>In the business methods area of TC 3600, a concern was expressed that examination practices were not consistent with the principles of compact prosecution, citing instances of multiple non-final rejections, reopening of prosecution after final rejections, and more reversals at the Patent Trial and Appeal Board (PTAB) compared to other art areas. Concerns were also expressed that examiners were unduly strict in allowing claims in this area. After a careful look at the data, we discovered these concerns were not well founded. </p>
<p>In particular, data for fiscal year (FY) 2012 show that only 2.4 percent of the total actions in the business methods area were second or subsequent non-final actions. The data also show that only 2.2 percent of final rejections made in FY12 in this area were reopened, compared to 2.8 percent across the entire patent corps. As far as the performance at the PTAB, the business methods area had an affirmed and affirmed-in-part rate of 70 percent compared to a corps average rate of 64 percent. </p>
<p>So the data showed that compliant prosecutions as well as affirmance rates at the PTAB are actually above corps averages, suggesting that those applications with allowable subject matter are being allowed. And those that should be rejected are being rejected. This indeed provided an opportunity for the applicable stakeholders to improve their understanding of the facts, and perhaps reconsider their own activities.</p>
<p>To further advance our efforts toward continuous improvement, and to ensure both consistency and correctness at the individual case level, we held “town hall” meetings with applicable examination staff and management, pinpointing where we could benefit from additional training. Roundtable discussions and a business method partnership meeting enabled us to obtain input from external stakeholders. All this is continuing to help TC 3600 ensure correct examination decisions across the board.</p>
<p>Finally, the third area, medical devices, made a targeted outreach effort; first to stakeholders at an April 2011 conference at Stanford University, followed by initiation of a medical device partnership designed to open lines of communication and improve stakeholder responsiveness. Initial results from our actions are encouraging and the team looks forward to identifying new areas for improvement. </p>
<p>Across these three TCs, a key component in our action plan was the proactive and judicious use of USPTO data, coupled with participation by internal and external stakeholders. Mutual understanding of the challenges faced by the innovation community, and those faced by the patent examination corps, will make the system more robust to handle sector-specific technological challenges in a way that improves stewardship of the IP system as a whole.</p>
https://www.uspto.gov/blog/director/entry/interviews_and_patent_quality
Interviews and Patent Quality
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2013-01-15T09:10:41-05:00
2013-02-22T07:09:15-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>We talk a lot and do a lot at USPTO about patent quality. We also talk a lot and do a lot about interview practice. And we have always assumed a relationship—well-documented interviews lead to high quality patents by enhancing understanding and issue-resolution for both applicants and examiners. But we have never actually looked at the data to test this assumption.</p>
<p>Until now.</p>
<p>We recently ran the data to understand whether there is a correlation between interviews held in patent applications and patent quality. We analyzed data on patent quality in applications where interviews were held as well as where interviews were not held (data from over 22,000 applications from the past five years was reviewed). </p>
<p>The findings, which are statistically significant, show that interviews conducted prior to final disposition (allowance or final rejection) of the application increase the probability that the subsequent action will be in full compliance with all applicable quality standards. The data shows that interviews help decrease both improper allowances and improper rejections by approximately 40 percent compared to applications without interviews prior to the final disposition.</p>
<p>The correlation is not surprising, but its degree certainly is impressive. A 40 percent improvement is almost always worth investing in. And while other factors may contribute to the correlation, it is substantial in any event.</p>
<p>Improving patent quality was also one of the stated goals of the Leahy-Smith America Invents Act patent reform legislation signed into law by President Obama in 2011. As the USPTO continues to implement that landmark legislation, we can now add interview practice to the list of actions that verifiably and measurably, improve quality, while saving time and money, and reducing misunderstandings and rework.</p>
<p>Applicants and examiners—please reach out and suggest an interview whenever it makes sense. For quality's sake.</p>
https://www.uspto.gov/blog/director/entry/big_improvements_to_our_online
Big Improvements to Our Online TMEP
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2013-01-04T07:13:48-05:00
2013-01-04T07:13:48-05:00
<p><i>Guest blog by Commissioner for Trademarks Deborah Cohn</i></p>
<p>We recently introduced a new, more user-friendly interface for the Trademark Manual of Examining Procedure (TMEP). If you haven’t had the opportunity to use it yet, I’m confident you’ll be pleased with it. The TMEP provides trademark applicants (and their attorneys and representatives) and our trademark examining attorneys with a reference on the practices and procedures for prosecution of applications to register marks with the USPTO. </p>
<p>The new interface offers users a more sophisticated and efficient method of getting needed information quickly. Searching is simplified so it is more similar to searching the Internet. When a search is executed, users receive weighted results which can give added focus. The display can also be modified to suit user needs. Browsing the TMEP is simpler, with a table of contents that can be hidden. In this way, the user can maximize the screen space available to display the content. Another recent, behind-the-scenes enhancement simplifies and shortens the process to publish the TMEP, allowing us to serve you better with more frequent updates. </p>
<p>The first publication using the new system took place on October 31, when we published the October 2012 update of the TMEP. With that update, we now identify the TMEP by the month and year in which it is issued (i.e., October 2012). This is a change from prior versions, which were identified using edition and revision numbers. At a roundtable I attended in Detroit in mid-November, practitioners told me they were very pleased with the new interface. One reported that it was the best IT improvement we have made to date.</p>
<p>We hope you’ll feel the same and we look forward to hearing your feedback on the new interface and TMEP update. Send your thoughts about the new TMEP to us by email at <a href="mailto:tmtmep@uspto.gov"><font color="#0000ff">tmtmep@uspto.gov</font></a>. </p>
https://www.uspto.gov/blog/director/entry/congress_acts_on_aia_corrections
Congress Acts on AIA Corrections Bill
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2012-12-20T07:35:46-05:00
2012-12-20T07:35:46-05:00
<p><em>Guest Blog by Dana Colarulli, Director, Office of Governmental Affairs</em></p>
<p>While the 112th Congress will be focusing much of its attention on more prominent issues before it adjourns, a “technical corrections” bill to amend provisions of the Leahy-Smith America Invents Act (AIA) passed the House this past Tuesday and is now being considered by the Senate. Even though the USPTO has not yet completed issuance and implementation of all the various rules mandated by the act, stakeholders and the USPTO have identified corrections, clarifications, and improvements to the law that require congressional action. </p>
<p>The bill, H.R. 6621, makes a number of corrections and improvements to patent law which have been identified as necessary or advisable during the public reviews of proposed rulemaking, as well as discussions and consultations that occurred during the past year. The proposed changes include amendments to specify effective dates where they were omitted; correcting drafting errors and omissions; fixing “dead zones” that inadvertently make it impossible to seek Post Grant Review (PGR) or Inter Partes Review (IPR) during certain time periods; clarifying patent term adjustments prospectively; eliminating unnecessary limits on who may file an international application designating the United States; clarifying patent and trademark fee management issues; and clarifying when a derivation proceeding can be instituted. The bill also includes provisions that better coordinate the terms of Patent Public Advisory Committee (PPAC) and Trademark Public Advisory Committee (TPAC) members—to address issues that have been discussed in those bodies in recent years and highlighted due to the additional responsibilities for PPAC required by the AIA related to Section 10 fee setting authority. Finally, the bill also requires the USPTO to report on the handling of pre-1995, pre-Uruguay Round applications that have now been pending for more than a decade and a half. </p>
<p>This bill does not address one issue related to the estoppel standard for possible federal court litigation following the completion of a post-grant review proceeding. Clarity is needed to ensure that the provision functions as Congress intended and I am hopeful it will be addressed in a future bill in the next Congress. </p>
<p>It is important to move ahead this year with this pending legislation containing helpful amendments that will add certainty to the statute, as implementation of the far reaching changes in the AIA continues.</p>
https://www.uspto.gov/blog/director/entry/progress_continues_at_our_four
Progress Continues at our Four Satellite Offices
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2012-12-18T11:20:10-05:00
2013-02-22T07:17:40-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>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.</p>
<p>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. </p>
<p>In Denver, the General Services Administration is renovating our <a href="http://www.uspto.gov/news/pr/2012/12-53.jsp">future office space</a>. 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. </p>
<p>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. </p>
<p>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.</p>
https://www.uspto.gov/blog/director/entry/a_status_update_on_use
A Status Update on Use of Third Party Prior Art Submissions and Post-Grant Reviews
USPTO
2012-12-17T09:56:19-05:00
2013-02-22T07:13:36-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Today marks three months since some of the key new mechanisms of the AIA went into effect. A good opportunity to report on the uptake for two sections -- submissions to the PTAB, and third party prior art submissions. Given the critical mandate of the AIA to empower our stakeholder community to play an active role in assisting the USPTO in its ongoing commitment to patent quality, initial usage of the applicable new provisions is worth reporting, to say the least.<br /><br />To put the lead first, we’re encouraged by the third party submissions and PTAB filings we’re seeing under the new rules, to date.<br /><br />We’ve received 88 PTAB submissions, 73 for inter partes reviews and 15 for covered business method reviews. We’re on our way for meeting our FY 13 expectations, and our PTAB Chief Judge James Smith puts it well when he says “momentum is building.”<br /><br />We’ve received 270 prior-art submissions from third parties, also in line with expectations. The leading art group receiving submissions? TC 3700, which includes many software-related inventions such as those found in electronic gaming devices and medical equipment. And when looking at the spread of submissions as a whole, it’s important to note that there are not a lot of classifications untouched. With many technologies being represented, as opposed to just one or two, we’re seeing that the AIA is indeed supporting the patent system broadly.<br /><br />So what do we learn from these numbers? First, they demonstrate that the public finds valuable the new ways to interact with the USPTO. Second, they will contribute quickly to improved patent quality. With the PTAB proceedings, we will see valid patents upheld while addressing those that may require correction. With prior art submissions, examiners will be able to consider public submissions and ensure high quality work during the review process.<br /><br />We’ll continue to monitor PTAB and prior-art submissions. The numbers suggest we’ve got some great new tools at our collective disposal. </p>
https://www.uspto.gov/blog/director/entry/uspto_named_one_of_federal
USPTO Named One of Federal Government’s Best Places to Work
USPTO
2012-12-13T09:14:03-05:00
2012-12-13T11:03:49-05:00
<p><em>Guest blog by Chief Administrative Officer Frederick Steckler </em></p>
<p>Today our agency had the great honor to be named one of the U.S. Federal Government’s <a href="http://bestplacestowork.org/BPTW/index.php">Best Places to Work</a> 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.<br /><br />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.<br /><br />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.<br /><br />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. </p>
https://www.uspto.gov/blog/director/entry/leahy_coons_patents_for_humanity
Proposed Legislation Aims to Boost Patents for Humanity Program
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2012-12-06T05:40:25-05:00
2012-12-06T06:12:40-05:00
<p><em>Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter</em></p>
<p>As many of you know, the USPTO’s <a href="http://www.uspto.gov/patentsforhumanity">Patents for Humanity program</a>—to incentivize the use of patented technologies that help alleviate poverty and suffering—has created quite a buzz. Since launching last February, we've generated interest from almost every imaginable patent sector, including the biotech, food, energy, and information technology industries, as well as universities, humanitarian nonprofits like the Gates Foundation and Doctors Without Borders, and also the media. Now we can add Congress to that list. </p>
<p><a href="http://www.leahy.senate.gov/press/leahy-introduces-legislation-to-encourage-the-humanitarian-work-of-american-innovators">New legislation announced this week</a> would build upon the prize competition by making the business incentives for using patented technology a reality. On Tuesday, Senate Judiciary Committee Chairman Patrick Leahy of Vermont, along with Judiciary Committee Member Senator Christopher Coons of Delaware, introduced <a href="http://www.gpo.gov/fdsys/pkg/BILLS-112s3652is/pdf/BILLS-112s3652is.pdf">S. 3652</a>, legislation that aims to bolster the USPTO’s Patents for Humanity initiative by making acceleration certificates awarded through the program transferable to third parties. If the bill is enacted, recipients of a Patents for Humanity award could sell their certificate on the open market, turning their good deeds into operating capital. At a time when our nation's small businesses identify access to capital as a top concern, this additional source of revenue can simultaneously strengthen our economy and improve lives around the globe.</p>
<p>Patents for Humanity is the USPTO's awards competition, recognizing those who apply patented technology to solving global challenges in health and standards of living. In the first six months of the program, we received 81 applications on technologies such as vaccines and medicines, diagnostic tests, nutrient supplements, improved crops, irrigation techniques, water sterilization, sanitation systems, patient care tracking, off-grid power generation, and mobile banking. Applicants range from garage inventors to multinational corporations, all focused on alleviating humanitarian suffering through groundbreaking new technology. Now in the selection phase, we expect to make awards to extraordinary applicants early next year.</p>
<p>On behalf of the USPTO, I would like to thank Chairman Leahy and Senator Coons for their ongoing support of our nation's intellectual property system and its potential to contribute to the greater good, all while supporting <a href="http://www.uspto.gov/ip/officechiefecon/report_ip_and_the_us_economy.jsp">40 million American jobs and $5 trillion of GDP</a>. We look forward to working with Congress to strengthen the Patents for Humanity program.</p>
https://www.uspto.gov/blog/director/entry/uspto_releases_its_fy_2012
USPTO Releases its FY 2012 Performance and Accountability Report (PAR)
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2012-12-03T05:14:45-05:00
2013-01-16T11:38:07-05:00
<p><i>Guest Blog by Tony Scardino, Chief Financial Officer</i></p>
<p>The USPTO has published its <a href="http://www.uspto.gov/about/stratplan/index.jsp#heading-4"><font color="#0000ff">Performance and Accountability Report (PAR)</font></a> for fiscal year (FY) 2012. Think of the PAR as our annual report, similar to what private sector companies prepare for their shareholders. Each year, the USPTO publishes this report to inform the public on the agency’s performance and financial health. Here at the USPTO, we take pride in producing a PAR that meets the highest standards of quality and accountability.</p>
<p>Our PAR charts our progress toward meeting three goals in our 2010-2015 USPTO Strategic Plan: optimizing patent quality and timeliness; optimizing trademark quality and timeliness; and providing domestic and global leadership to improve intellectual property policy, protection, and enforcement worldwide. These goals govern the quality and quantity of our service to intellectual property stakeholders. I’m proud to say that the USPTO met all 11 of its strategic goal performance targets in FY 2012.<span> </span></p>
<p>The PAR also contains a wealth of data and historical information of interest to our stakeholders, including data on patent and trademark examining activities, application filings, and agency staffing levels. This information is conveniently presented in the Workload Tables section at the end of the PAR.</p>
<p>On the issue of financial performance, FY 2012 marks the 20<sup>th</sup> consecutive year that the USPTO’s financial statements have received an unqualified audit opinion. Our clean audit opinion gives the public independent assurance that the information presented in the agency’s financial statements is fairly presented and follows generally accepted accounting principles. In addition, the auditors reported no material weaknesses in the USPTO’s internal controls, and no instances of non-compliance with laws and regulations affecting the financial statements.</p>
<p>The PAR is a record of our achievements, but it is also an honest discussion of the challenges we face as an agency moving forward in FY 2013. We will be proceeding with our fee setting efforts, implementing new training requirements in our patent examining corps, and encountering other challenges as we continue implementing the America Invents Act.</p>
<p>We hope you find value in the PAR as a faithful snapshot of our FY 2012 performance, and gain greater insight into our activities and accomplishments.</p>
https://www.uspto.gov/blog/director/entry/a_day_like_any_other
A Day Like Any Other...
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2012-11-01T10:26:14-04:00
2013-02-22T07:13:26-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>“It is probably safe to say this week did not turn out like anyone had originally planned.” I first used those words <a href="http://www.uspto.gov/blog/director/entry/working_through_snowmageddon">in this blog</a> more than two-and-a-half years ago when the “Snowmageddon” snowstorm crippled the Washington, D.C. area. And like February 2010, this week’s “Frankenstorm” of Hurricane Sandy brought much of the East Coast to a standstill.</p>
<p>Despite the emergency circumstances and federal government closures, the USPTO and its employees shifted gears and performed admirably, demonstrating our leadership in telework for government agencies. During a natural disaster that closes our offices, USPTO employees must first care for their homes and families. And yet once everything was in order this week, they still showed an extraordinary ability to carry on business as usual in the face of extreme challenges.</p>
<p>Despite the emergency government shut down on Monday and Tuesday, our patents and trademarks teams nonetheless averaged more than 70% productivity. A remarkable achievement, considering many of our examiners couldn’t participate because of widespread power outages. Our Trademark Assistance Center—the call center for trademark owners and attorneys to contact with general questions about the trademark process—was fully operational during the Hurricane Sandy closure, with 100% participation from the work-at-home employees.</p>
<p>This level of performance does not come easily and it does not come overnight. Under the guidance of <a href="http://www.washingtonpost.com/local/telework-guru-takes-phoning-it-to-new-levels-at-patent-office/2012/09/10/01e8eefa-f2d3-11e1-892d-bc92fee603a7_story.html">our telework coordinator Danette Campbell</a>, we created and implemented the systems and processes necessary for a premier telework program. Events like this week’s hurricane remind us how far we’ve come in service to the public and to our employees. And I thank our employees for the tremendous job they’ve done to make our telework program world class. </p>
<p>All of us at the USPTO are thinking of our families, friends, colleagues, and fellow Americans who are suffering hardships because of this natural disaster. We wish them comfort, safety, and a return to “normal” as soon as possible.</p>
https://www.uspto.gov/blog/director/entry/uspto_harmonizes_professional_conduct_rules
USPTO Harmonizes Professional Conduct Rules
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2012-10-18T06:06:31-04:00
2013-02-22T07:23:57-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Today I’d like to take up a topic that affects many of us, and one that is getting significant focus these days at the USPTO—our professional conduct rules. We are proposing to modernize our Code of Professional Responsibility for attorneys and agents. Admittedly, this move is overdue. The last substantial update was based on the ABA Model Code of Professional Responsibility. Since that time, decades ago, almost the entire country has moved to update their local bar rules to conform to the newer ABA Model Rules of Professional Conduct. </p>
<p>In keeping with the mandates of the Leahy Smith America Invents Act of 2011, USPTO recognizes the concurrent need to follow nationally applicable standards of ethical and professional conduct. Additionally, our current proposal eliminates the annual practitioner maintenance fee.</p>
<p>Under our proposal, most ABA Model Rules provisions have been adopted wholesale or with minor revisions. By updating, streamlining, and conforming USPTO rules, the proposal harmonizes most practitioners’ professional responsibility obligations by aligning them with state bar requirements. </p>
<p>As an important consequence of adopting rules consistent with practitioners’ state bars, the USPTO will provide practitioners with uniform ethical obligations when practicing before the Office. Practitioners would no longer have to go back and forth between the old Model Code and the new Model Rules. Practitioners would also have the benefits of comments, annotations, case law and other resources to guide compliance. Moreover, the proposed rules, like the existing rules, largely serve to codify obligations that already apply to the practice of law under professional and fiduciary duties owed to clients. <br /> <br />A comparison chart of the ABA Model Rules of Professional Conduct and the proposed USPTO Rules of Professional Conduct, along with information regarding future outreach, is located <a href="http://www.uspto.gov/ip/boards/oed/ethics.jsp">on the USPTO website</a>.</p>
<p>We are eager to know what you think of the proposal. There is a 60-day comment period which closes on December 17, 2012. Comments should be sent by email to: <a href="mailto:ethicsrules.comments@uspto.gov">ethicsrules.comments@uspto.gov</a>. And while they won’t be entered into that record, you are also welcome to leave comments here on the blog.</p>
https://www.uspto.gov/blog/director/entry/another_banner_year_for_trademarks
Another Banner Year for Trademarks
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2012-10-17T05:43:27-04:00
2012-10-17T05:51:33-04:00
<p><em>Guest blog by USPTO Commissioner for Trademarks Deborah Cohn</em></p>
<p>We’ve sorted through the facts and figures and at the end of our fiscal year September 30, we’re proud to report continued outstanding performance in our Trademarks business unit. In FY 2012, more new trademark applications were filed than any other year and the number of trademarks in continuous use exceeded 1.8 million registered marks. Total new classes surpassed 415,000—an increase of 4.1% over the previous fiscal year and more than 13,600 higher than the record level last set in 2008.</p>
<p>All the while, and for the sixth year in a row, quality and pendency results have met and exceeded targets. The Trademarks <a href="http://www.uspto.gov/dashboards/trademarks/">performance dashboard</a> has been updated to showcase our record 2012 performance results, and I invite you to take a look at how the Trademarks team is working to serve you.</p>
<p>Our three quality indicators are better than their respective targets, which set high standards for examination quality. Our newest indicator, ‘exceptional office action’ continues to exceed expectations for evaluating the ‘excellence’ of the examiner’s writing, evidence, and search strategy in preparing the office action. Quality results are reinforced by constant feedback, specialized training, and online tools and manuals to ensure the quality of the trademark register.</p>
<p>First action pendency has stayed in the target range to issue a first action between 2.5 and 3.5 months from filing, every month. Pendency to registration continues to remain at historically low levels. Disposal pendency—the time from when an application is filed until a trademark is registered or abandoned—has been under 12 months for the past three years. Another record. This is due in part to the progress made from greater acceptance of electronic filing and use of TEAS Plus applications. This promotes more efficient electronic processing, which now comprises more than 77 percent of all applications processed to disposal.</p>
<p>As I’ve noted in the past and it bears repeating, our record performance is the result of a number of factors including greater use of the systems, tools, and resources necessary to manage new application filings electronically and by having dedicated and qualified people to manage them well. </p>
<p>We welcome any feedback you have on how we can improve this dashboard. Simply email a comment to <a href="mailto:TMfeedback@uspto.gov">our dedicated mailbox</a>. We look forward to hearing from you. </p>
https://www.uspto.gov/blog/director/entry/claim_your_exemption
Claim Your Exemption!
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2012-10-03T08:46:09-04:00
2013-02-22T07:13:15-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>The World Intellectual Property Organization hosts its Fiftieth Series of Meetings of the Assemblies of the Member States this week. Being with the delegation representing the U.S. in Geneva, I’m reminded of a very important service the USPTO provides to help U.S. patent applicants comply with European Patent Office (EPO) rules if you’re also filing an application there after first filing it with the USPTO. It’s a service that saves you time and money with your European application, but this beneficial service could be in jeopardy if U.S. applicants don’t make use of it.</p>
<p>As you may know, Rule 141 of the European Patent Convention requires applicants to file a copy of the search results from a previous patent application to which the European patent application claims priority. This applies to all European patent applications filed on or after January 1, 2011. Because of an arrangement worked out between the USPTO and the EPO, U.S. applicants <em>are currently exempt</em> from a requirement to personally transmit search results for a U.S. priority application to the EPO. At no charge to you, the USPTO will electronically deliver these search results from U.S. priority applications to the EPO.</p>
<p>The hitch, however, is that maintenance of this exemption is dependent upon delivery of search results by the USPTO to the EPO <em>as soon as they become available,</em> including search results from unpublished U.S. applications. Since the USPTO is prohibited from providing information about an unpublished U.S. application to a third party without the applicant’s consent, timely delivery of pre-publication search results to the EPO requires applicants to provide the USPTO with the proper consent to release that search result information.</p>
<p>This is key, because failure to deliver the search results in a timely fashion could result in the EPO rescinding the exemption, and that would then require all U.S. applicants to provide the search result information to the EPO at their own time and expense. The bottom line is that if you’re filing in both offices, your participation is critical and unquestionably is to your benefit. </p>
<p>So what do you need to do? If you’re one of the aforementioned applicants, file a <a href="http://www.uspto.gov/forms/sb0069.pdf">Certification and Authorization Form PTO/SB/69</a> in each U.S. nonprovisional application to which priority is intended to be claimed in a subsequent European patent application. (It can even be done electronically through EFS-Web.) This provides the USPTO with the necessary applicant consent to deliver to the EPO the search results from an unpublished U.S. application. File it in the U.S. application <em>prior to filing</em> the European application in order for search results to be delivered to the EPO without delay should they become available prior to publication of the U.S. application.</p>
<p>The current exemption is a huge benefit for all U.S. applicants who subsequently file at the EPO. Find more details and instructions in the July 30, 2012 advisory on the EFS-Web page <a href="http://www.uspto.gov/patents/process/file/efs/announce/index.jsp">on our website</a> and in the <a href="http://www.gpo.gov/fdsys/pkg/FR-2011-12-30/pdf/2011-33539.pdf">Federal Register Notice</a> announcing this service.</p>
https://www.uspto.gov/blog/director/entry/ptab_and_patentability_challenges
PTAB and Patentability Challenges
USPTO
2012-09-24T12:44:42-04:00
2013-02-22T07:12:52-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Recently, some commentators have questioned whether the new Patent Trial and Appeal Board can consider patentability challenges brought under 35 U.S.C. § 101 in post-grant review proceedings or covered business method review proceedings. I'd like to address the issue squarely and clearly in this blog, and I apologize in advance that for extreme clarity I am going to use "lawyer-ese" in this blog. <br /> <br />The commentators note that, under the AIA, any ground that could be raised under 35 U.S.C. § 282(b)(2) or (3) can be raised in a post-grant review or (with exceptions not relevant here) in a covered business method review. <br /> <br />Those grounds include:<br /><br />(2) Invalidity of the patent or any claim in suit on any ground specified in part II as a condition for patentability.</p>
<p>(3) Invalidity of the patent or any claim in suit for failure to comply with—(A) any requirement of section 112, except that the failure to disclose the best mode shall not be a basis on which any claim of a patent may be canceled or held invalid or otherwise unenforceable; or (B) any requirement of section 251.<br /><br />The commentators note correctly that § 101 is not included in § 282(b)(3). However they also assert that § 101 is not included in § 282(b)(2) even though § 101 is included “in part II” of Title 35. In their view, § 101 is not “specified in part II as a condition for patentability” because the title of § 101 is “Inventions patentable,” unlike §§ 102 and 103, which have titles including the term “Conditions for patentability.”<br /> <br />We disagree. As we described in our final rules implementing post-grant review and covered business method review in the Federal Register, in our view the “grounds available for post-grant review include 35 U.S.C. 101 and 112, with the exception of compliance with the best mode requirement.” 77 Fed. Reg. 48,680, 48,684 (Aug. 14, 2012). This interpretation is consistent with both the relevant case law and the legislative history.<br /> <br />Both the Supreme Court and the Federal Circuit have concluded that § 101 is a condition for patentability. In Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 12 (1966), the Supreme Court stated that the 1952 Patent Act “sets out the conditions of patentability in three sections,” citing 35 U.S.C. §§ 101, 102, and 103. The Supreme Court has also addressed invalidity under § 101 when it was raised as a defense to an infringement claim under § 282. See Mayo Collab. Servs. v. Prometheus Labs., Inc., 132 S. Ct. 1289, 1305 (2012).<br /> <br />If that were not clear enough, the Federal Circuit expressly rejected the argument – raised by the dissenting judge in the case – that § 101 is not a “condition for patentability” under § 282, stating that “the defenses provided in the statute, § 282, include not only the conditions of patentability in §§ 102 and 103, but also those in § 101.” Dealertrack, Inc. v. Huber, 674 F.3d 1315, 1330 n.3 (Fed. Cir. 2012) (internal quotation marks omitted) (citing Aristocrat Techs. Austl. PTY Ltd. v. Int’l Game Tech., 543 F.3d 657, 661 (Fed. Cir. 2008)).<br /><br />The Federal Circuit in Dealertrack also made clear that the use of the term “Conditions for patentability” in the titles of §§ 102 and 103, but not § 101, did not change the result, relying on the Supreme Court’s pronouncement in Pennsylvania Department of Corrections v. Yeskey, 524 U.S. 206, 212 (1998) (quoting Trainmen v. Baltimore & Ohio R.R. Co., 331 U.S. 519, 528-529 (1947)), that a statute’s title “is of use only when it sheds light on some ambiguous word or phrase” in the statute and that it “cannot limit the plain meaning of the text.” Id. (quoting Trainmen v. Baltimore & Ohio R.R. Co., 331 U.S. 519, 528-529 (1947)).<br /> <br />The legislative history of the AIA also makes clear that Congress intended the PTAB to consider challenges brought under § 101 in post-grant reviews. For example, a key House Committee Report states that “the post-grant review proceeding permits a challenge on any ground related to invalidity under section 282.” H.R. Rep. No.112-98, at 47 (2011). On the Senate side, Senator Kyl also included “section 101 invention issues” among those “that can be raised in post-grant review.” 157 Cong. Rec. S1375 (daily ed. Mar. 8, 2011).<br /> <br />So, the courts and Congress have indicated quite clearly, in our view, that the PTAB should consider patentability challenges brought under § 101 in post-grant and covered business method reviews. Unless the courts or Congress tell us otherwise, we will do so.</p>
https://www.uspto.gov/blog/director/entry/china_s_saic_minister_zhou
China’s SAIC Minister Zhou Visits USPTO
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2012-09-18T10:53:11-04:00
2013-02-22T07:13:05-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>On Sept 10, 2012 the USPTO was privileged to host Minister Zhou Bohua and his senior delegation from the <a href="http://www.saic.gov.cn/english/index.html">State Administration for Industry and Commerce of China</a> (SAIC) of the People’s Republic of China. Minister Zhou, visited us for about four hours, as part of a stopover en route to a meeting in Brazil. This was likely the first time that a Minister from SAIC has visited USPTO. <br /> <br />SAIC remains one of China’s largest ministries, with 364,199 civil servants (according to their 2011 annual report). SAIC houses the CTMO, or Chinese Trademark Office, the Trademark Review and Appeals Board (TRAB), as well as other IP-related agencies. It implements and enforces laws regarding company and enterprise names and business licenses, trade secret, consumer protection, market regulation, and antitrust law. Unlike agencies such as China’s State Intellectual Property Office (SIPO) which has offices in provinces and major cities, SAIC has offices in local governments that reach down to Chinese municipal, county and even sub-county/township level. It is China’s largest IP-related agency in terms of overall employees and penetration into localities.</p>
<p>In the past several years USPTO has worked on several areas of common concern with SAIC, including: training of examiners and translation of our Trademark Manual of Examining Procedure (TMEP) into Chinese; training on three dimensional and sound trademarks; exchanging information on protection of geographical indications; discussion of measures to deal with abusive trademark registrations; discussions on trademark dilution and well-known marks; training in on-line counterfeiting and IP infringement; and encouraging SAIC to develop an on-line trademark database including an English language search interface. Many of these developments took place in the context of the memorandum of understanding (MOU) we signed with SAIC in 2008, and with the assistance of our IP Attaches. Minister Zhou observed that many of these exchanges have helped in not only promoting better understanding of our IP systems, but also in assisting market reforms in China and providing more global opportunities for new businesses.</p>
<p>Minister Zhou toured USPTO headquarters, met on a government to government basis with USPTO and colleagues from Office of the United States Trade Representative (USTR), United States Department of Justice (USDOJ) and Federal Trade Commission (FTC), and later met with representatives from organizations such as the U.S. Chamber, International Trademark Association (INTA), American Intellectual Property Law Association (AIPLA), Licensing Executives Society (LES) and the US-China Business Council. He was extremely candid and helpful in responding in a constructive and informed manner to all the questions we raised, including several pages of questions from industry.</p>
<p><img border="0" hspace="0" alt="Group shot from SAIC-USPTO meeting" align="baseline" src="http://www.uspto.gov/news/Gipa.jpg" /></p>
<p>We learned of several important new developments and areas of concern. One key area is improvements in trademark pendency. Although SAIC has succeeded over the past three years in eliminating the huge backlog at the CTMO and TRAB, the rapid escalation in trademark filings may present real challenges in continuing to maintain past improvements. The current goal of the CTMO is “the year you apply for a trademark, is the year you will be granted one.”</p>
<p>Minister Zhou hoped that the revisions to the trademark law, which are now pending at the State Council Legislative Affairs Office (SCLAO) will help in sustaining quality and growth. He noted in particular that the revisions will help with appropriate use and prosecution of trademarks, and he hopes that passage by the NPC may occur as early as next year. He also expected that there would be greater deterrence from the administrative trademark system with higher fines available under the revised law. He also separately noted that new guidelines on referrals of administrative trademark cases to criminal prosecution are being prepared jointly with other IPR and law enforcement agencies. This “referral rate” is often used to measure the deterrence of the administrative system and has traditionally been quite low. Last year the rate of referral from administrative enforcement to criminal prosecution was only 0.61%.</p>
<p>China has also become a member of the “TM 5” in Trademarks, much as it has been a member in patents, and Minister Zhou indicated an interest in participating in an ID List Project of the TM 5, which could help in insuring harmonization of sub-classifications of goods and services.<br /> <br />Trade secret matters have been a hot topic of discussion between the U.S. and China, with several high profile cases that have brought considerable media attention. Our focus with Minister Zhou was on two key areas of his responsibility: administrative enforcement of trade secrets and revisions to the rather old law governing trade secrets, the Anti Unfair Competition Law (AUCL) (1993). Minister Zhou was candid in acknowledging that theft of trade secrets affects Chinese and foreign companies alike and due to restrictions on evidence gathering and other compulsory measures by administrative agencies, SAIC’s administrative enforcement cases to date have been relatively modest matters brought mostly against small companies or individuals. Under current Chinese law, he believed that the courts and police are better equipped to handle complex trade secret theft cases.<br /> <br />SAIC has been discussing means to improve the Anti Unfair Competition Law with the SCLAO. On our suggestion, Minister Zhou said he would look into recommending that the AUCL be amended to clarify that preliminary injunctions, evidence and asset preservation measures would be available in the new law, as they are already provided for in the trademark, copyright and patent laws. Minister Zhou quickly recognized that immediate provisional relief is critical in trade secret matters in order to prevent further loss to rights holders. He also welcomed further exchanges on trade secret matters, which we plan to follow-up on.</p>
<p>SAIC also discussed the fifth draft of its guidelines on handling of IPR in antitrust matters. We urged that these guidelines will be available for public comment. On the substance, Minister Zhou did state that SAIC did not view intellectual property and antitrust law as contradictory concepts; both laws have a goal of promoting market efficiency and innovation. Minister Zhou advised that SAIC would only investigate licensing transactions that hurt competition, and that his agency has not yet had one case in this area since the law’s passage (2008), although it had prosecuted 16 antimonopoly enforcement cases. Minister Zhou welcomed the USPTO’s participation in this area, and noted that he was working closely with our colleagues from USDOJ and FTC on the IPR guidelines. <br /> <br />Industry also raised a question concerning SAIC’s role in enforcing trademark rights when the local trademark owner asserts the rights against a foreign trademark owner who has commissioned the manufacture of products in China, as was the case in the recent Proview/iPad dispute. Minister Zhou said the iPad issue was raised by many local AIC’s after the initial trial court decision in Shenzhen that was adverse to Apple. His Ministry’s position was not to take any administrative enforcement action until a final decision from the Guangdong High Court on appeal. One of the key reasons for this was that any action could adversely affect Apple and the iPad trademark at a time when matters had not been settled. </p>
<p>The volume and variety of work handled by SAIC is indeed staggering, and Americans have important interests in these developments. SAIC has been the largest trademark office in the world for the last 10 years based on their data of trademark applications. We were told that there are 206,000 registered American-owned trademarks in China, and 120,000 new foreign trademarks are filed each year in China. With approximately 1,500,000 trademark applications expected this year, and with 68,836 reported administrative trademark enforcement actions last year, engagement on trademark office related matters has been especially important for Americans. Of particular note, there were 17,022 administrative trademark enforcement actions taken by SAIC on behalf of foreigners in 2011, which was nearly 14 times the number of all foreign-related civil litigation involving all types of IP rights that were disposed of by the China courts in 2011 (1,321).</p>
<p>We highly valued this exchange with Minister Zhou and his delegation, and we hope we can have more exchanges with SAIC in the future. </p>
<p>(This blog was jointly written by Director Kappos and Mark Cohen, Senior Advisor to Director Kappos on China matters.)</p>
https://www.uspto.gov/blog/director/entry/ptab_submissions_have_commenced
PTAB Submissions Have Commenced
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2012-09-18T08:12:00-04:00
2013-02-22T07:12:42-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>I thought I'd write to observe the occasion of the first submissions to our new Patent Trial and Appeal Board (PTAB) through their new IT system called Patent Review Processing System (PRPS). </p>
<p>We've had a team of PTAB judges and IT folks working together for several months to prepare IT systems and associated processes so that, from the start, the big new post-grant processes (post-grant opposition, <em>inter partes</em> review, covered business method review) could be submitted and managed electronically using a modern workflow system—PRPS. </p>
<p>The start date for these new submissions was this last Sunday, September 16. In view of the weekend timing—commencement of the new procedures at midnight Saturday/Sunday morning—it would have been business-like for the team to declare that the brand new IT systems would be brought online Monday morning at start of normal business. Anyone wanting to make a submission between midnight Saturday/Sunday and Monday business could do it using the old mail submission approach. But of their own accord the team chose the harder, best way. As you may have learned in <a href="http://www.uspto.gov/blog/director/entry/announcing_the_patent_trial_and">Chief Judge James Smith’s guest blog</a> a few days ago, they declared they would bring PRPS up at midnight in the middle of a nice early fall weekend, and accept whatever requests might come in via our spiffy new software from the beginning.</p>
<p>This decision of course necessitated advance planning and staffing to make a significant version 1 IT deployment over a weekend, going live at midnight. So the team worked through last week, then brought staff into the office Saturday evening to prepare for the big bring-up. Frankly we did not even know if any users were going to spend their Saturday night filing new post-grant challenges. But we were ready.</p>
<p>As of midnight on Sunday September 16, just as the new PTAB went into effect per AIA, the team switched online PRPS for intake of post-grant challenges. It worked, and sure enough, users accessed the system immediately to do business. Within minutes numerous users were working with the new software, and soon our first submissions began coming into the Office. In those first 24 hours, we had five <em>inter partes</em> and five covered business method submissions in the system, and all continues to function well. Not without a few glitches to be sure (there always are some glitches in a new system), but it is functioning well overall.</p>
<p>So there you have it. A new, ambitious IT system up and running and USPTO employees electing to work an entire weekend evening and overnight to ensure maximum uptake for the newly effective provisions of the AIA. </p>
<p>I don't often crow externally about the dedication and professionalism of our folks at the USPTO—mostly I think it is for our users to say if we are doing a good job. But in this case I will declare I am enormously proud that our team has reached higher than anyone asked them to, or even had the right to ask them to. And they have made a big success of a big project in a short period of time.</p>
<p>Thanks team for a job superbly done on the PRPS V1 deployment and bring-up of USPTO's new post-grant IT system!</p>
https://www.uspto.gov/blog/director/entry/announcing_the_patent_trial_and
Announcing the Patent Trial and Appeal Board (PTAB)
USPTO
2012-09-14T09:58:02-04:00
2012-09-14T09:58:02-04:00
<p><em>Guest Blog by Chief Judge James D. Smith, Board of Patent Appeals and Interferences</em></p>
<p>September 16, 2012 marks a momentous occasion for the Board of Patent Appeals and Interferences. On that day, we become the Patent Trial and Appeal Board (PTAB). In keeping with that change, the Board will open for business to accept petitions for some of the new America Invents Act (AIA) post grant proceedings using the Patent Review Processing System (PRPS), our new, web-based e-filing tool. We are extremely excited to take part in this historic transition.</p>
<p>To commemorate the transition to the new Patent Trial and Appeal Board and as a demonstration of our desire to serve, the Board will be staffed during the entire 24-hour period of that first day. From early Sunday morning at 12:01 a.m., until late Sunday evening at 12:00 p.m., Board personnel will be available to assist the public with filing new cases. After opening day, Board personnel will be available during normal business hours, 8:30 a.m. to 5:00 p.m. Questions may be submitted by phoning 571-272-PTAB (7822) or by emailing <a href="mailto:Trials@uspto.gov">Trials@uspto.gov</a>. Feedback on the PRPS system is also welcome, and we have established a separate email box for receiving such feedback at <a href="mailto:PRPS-Suggestions@uspto.gov">PRPS-Suggestions@uspto.gov</a>.<br /> <br />As Chief of the Board, I am extremely happy of the many accomplishments made by the Board team toward meeting our AIA responsibilities. Many team members have worked tirelessly, preparing for the big day – September 16th, 2012. I would like to thank all those people involved, both internally and externally, for making September 16th a reality. </p>
https://www.uspto.gov/blog/director/entry/progress_report_on_satellite_office
Progress Report on Satellite Office Openings
USPTO
2012-09-12T05:48:12-04:00
2013-02-22T07:12:32-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>It has been a few months since we announced we would be opening three new USPTO satellite offices in Dallas-Fort Worth, Denver, and Silicon Valley, so I'd like to share details of the progress we are making in all three communities.</p>
<p>Our satellite office team visited all three cities within weeks of our announcement, scouting potential office space and meeting with local public officials, as well as business and community leaders. We have moved in partnership with the General Services Administration (GSA) to identify locations that will be the most cost-effective, provide the greatest economic impact for the region, and enable us to recruit and retain the best employees.</p>
<p>GSA’s procurement process requires us to initially consider space that already is owned or leased by GSA. We were recently able to find such space in the Central Business District of Denver, in the Byron G. Rogers Building, thus securing that site with record speed. A GSA renovation of the Denver building will be completed next summer, at which point USPTO will build out the interior office space.</p>
<p>In Silicon Valley and Dallas-Fort Worth, we are assessing the usefulness of existing federal space and considering whether to explore pursuing alternative leased space. It must be noted, however, that the timing of the identification of physical office space is in no way an indication of when we might be able to open these offices. Further, selection of physical space is not the sole metric of progress, but rather one of many steps we are simultaneously advancing. And in all three cities, we are moving ahead on all fronts.</p>
<p>We have from the time of our July announcement moved simultaneously in all three communities to take a number of steps that are necessary to open each of the offices in a timely fashion. We are underway in staffing up all of the new offices, working to identify leadership and staff who know the unique contours of the business landscape in each metro area. In all three communities, we are also reaching out to community stakeholders (business leaders, economic development commissions, and local officials) to help us spread the word about forthcoming Board of Appeals and patent examiner jobs, generating interest and helping to start the process of identifying key bases of skilled workers. For the Silicon Valley location, we’ve recently run job postings on USAJobs.gov for administrative law judges and are now actively reviewing the applications received.</p>
<p>As Deputy Undersecretary Terry Rea noted just the other day, our Detroit office is fully operational, with patent applications under review and interviews with applicants being conducted. And the Detroit office is creating good jobs in that community: we anticipate having 100 patent examiners and 20 judges on site there by next summer—and a similar impact should be felt in our three other cities.</p>
<p>All of these steps and progress will lead to the point where regional entrepreneurs in Silicon Valley, Denver, and Dallas-Fort Worth will have greater insight into the patent application process and access to the USPTO facilities. Stay tuned to this blog as we provide more updates on our USPTO satellite offices, and as we continue to engage with our stakeholders around the country.<br /></p>
https://www.uspto.gov/blog/director/entry/announcing_text2pto_online_filing_of
Announcing Text2PTO: Online Filing of Your Patent Applications as Text Documents
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2012-08-31T09:39:01-04:00
2013-02-22T07:12:21-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Efficiency drives innovation, and the USPTO is determined to offer innovators the most efficient patent application process in the world. The latest improvement we plan to introduce to the application process will enable our Office to accept patent application submissions in text based format. This is the same format that most applicants currently use to prepare patent applications for filing. We are looking to implement this new service, which we call Text2PTO, with the goal of providing online filers significant benefits over their existing filing experience, while minimizing changes to their existing work practices. We will be working with you in the development process to get it just right.</p>
<p>Text2PTO builds on our existing Electronic Filing System, EFS-Web, improving the ease and functionality of electronic filing. Its benefits to applicants as well as to USPTO are many. It increases the accuracy and integrity of the application file, while eliminating the need for applicants to create three separate PDF documents for abstract, claims, and specification. Applications filed using Text2PTO will be able to use new USPTO analytical reporting tools, permitting some formalities checks as well as access to information related to patent families, continuity, claim dependencies and other application content. The overall process will result in significant efficiency gains throughout the authoring, prosecution and publication process.</p>
<p>How will Text2PTO work? Applicants will write their applications using a word processing tool as they currently do. Then, instead of converting the file to a PDF, they will simply upload the text file to the USPTO. As part of the text submission process, a web based validation tool will be available (but not required) to assist applicants in preparing their documents for submission and identify incorrectly formatted or inappropriately included content such as track changes and document properties information. Formalities checks—such as word counts, application part identification, and searching for legal terms--can be done prior to submission. Warning messages and detailed help will be provided through Text2PTO to assist the online filer in creating a properly formatted document for submission.</p>
<p>Text2PTO will provide applicants the ability to retrieve a copy of the text-based document from the USPTO at any time throughout prosecution, facilitating review and/or amendment. If desired, the Text2PTO amendment validation tool will generate the properly formatted mark-up language based on the types of changes made to the document.</p>
<p>On the USPTO side we anticipate significant cost savings, as we will eliminate the need to scan, OCR, and error-correct incoming patent applications. We will pass these savings on to applicants through filing fee discounts for applications submitted through Text2PTO.</p>
<p>We are seeking stakeholder feedback during the developmental phase of the project. We are holding focus sessions over the next few months to obtain input as we develop specific project requirements. As we develop this new system we will also be looking for volunteers from the stakeholder community to participate in user-center design sessions and the test pilot group.</p>
<p>To get involved, contact our eFiling Modernization Project team at <a href="mailto:efilingmodernization@uspto.gov">efilingmodernization@uspto.gov</a>.</p>
<p>And as always, comments in response to this blog post are welcome.</p>
https://www.uspto.gov/blog/director/entry/up_and_running_in_detroit
Up and Running in Detroit
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2012-08-27T10:22:27-04:00
2012-08-27T10:22:27-04:00
<p><em>Guest blog by Deputy Director Teresa Stanek Rea</em></p>
<p>Our first-ever USPTO satellite office is off and running. I saw evidence of that first-hand after a recent, post-opening visit to the Elijah J. McCoy satellite office in Detroit. The examiners and their colleagues on the Board of Patent Appeals and Interferences (BPAI) are our first “western pioneers,” so I was curious about their experiences so far and it prompted my return to Detroit. </p>
<p>It was only mid-July when I participated in the opening of the office, and on my subsequent visit in August, patent examiners had recently finished their month-long training program in the lab and moved to their new offices. We are committed to ensuring that all our examiners, whether they are located in Alexandria or in our satellite offices have the tools they need to do the best job they can. And, indeed, they’re doing that job. In fact, when I visited in August they had already completed their first in-person examiner interview. </p>
<p>When I was there, I spent some time with our senior staff, including our Regional Manager Robin Evans and Resource SPE Boyer Ashley, who told me of the interview. It turns out that the examiner doing the interview works from home full time and lives in the Detroit region. The attorneys flew from Denver and Silicon Valley—coincidentally the location of two of our future satellite offices—for the interview, and the primary examiner participated via a video conference from his home office in Pennsylvania. At the conclusion of the interview, the attorneys were excited that they were the first interview held in the Detroit satellite office, and they were of course also pleased with the indication of possible allowable subject matter. This is a great example of how the Detroit USPTO and the future satellite offices will serve the needs of our entire country, engaging attorneys and applicants throughout the country and allowing our employees to telework or work in the satellite offices.</p>
<p>I also met with our BPAI (soon to be Patent Trial and Appeal Board) Detroit judges. I am a member of the Board, and I shared with them some of my experiences working on cases. We talked about the challenges they face using new software and procedures and familiarizing themselves with the BPAI’s procedures and systems. The Detroit judges are excited to be a part of our USPTO team and are looking forward to working with their Alexandria counterparts. They are especially looking forward to conducting oral hearings and conferencing cases using some of our collaborative software tools.</p>
<p>It was such a pleasure to me, a native of the Detroit area, to go home and see the great work that our folks are doing on the ground in Michigan. At the one-month mark, the USPTO Detroit satellite office is up and running and serving the needs of patent applicants. I couldn’t be prouder of the work they are doing.</p>
https://www.uspto.gov/blog/director/entry/got_an_idea_as_big
Got an Idea as Big as Texas?
$entry.creator.screenName
2012-08-16T08:11:35-04:00
2013-02-22T07:12:10-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>The USPTO’s mission is empowering U.S. innovators to protect great ideas with patents and trademarks. The small business and independent inventor community is responsible for many of those great ideas, and we know the challenges they face in filing and earning IP protection. That’s why, for the last 17 years, we’ve been reaching out to independent inventors and small business owners with regional conferences designed to educate entrepreneurs working to turn innovative ideas into marketable goods and services. </p>
<p>This time we’re bringing our program to beautiful Austin, Texas. Our Texas Regional Independent Inventors Conference will take place September 14–15. If you’re an entrepreneur—or even an aspiring entrepreneur—please consider attending. </p>
<p>At the conference you will have the opportunity to hear presentations from a variety of experts on intellectual property. Sessions are designed to appeal both to the first-time filer as well as those who have gone through the process before. You’ll be able to choose from a range of subjects, including basics of patents and trademarks, advanced patent prosecution, as well as discussion of local resources available to Texas innovators. </p>
<p>Attendees will have the opportunity to meet one-on-one with the presenters. Visit <a href="http://www.uspto.gov/Austin2012">www.uspto.gov/Austin2012</a> to learn more, and please share the notice with others who may be interested.</p>
<p>Our job at USPTO is to help steward innovation so that it can reach the marketplace as effectively as possible. We do this by protecting intellectual property and by encouraging the smart folks who create it. The Texas Regional Independent Inventors Conference exemplifies the USPTO’s commitment to ensuring that the next wave of American inventors is well-equipped to continue leading the world in turning great ideas into positive marketplace outcomes.</p>
https://www.uspto.gov/blog/director/entry/introducing_the_global_dossier_initiative
Introducing the Global Dossier Initiative
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2012-08-02T09:15:42-04:00
2013-02-22T07:12:01-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Imagine having a single, global portal for all stakeholders working on patent filings in multiple patent offices. Well, we’re working on that. It’s a transformative concept currently in development within the <a href="http://www.fiveipoffices.org/index.html">IP5</a> framework, in cooperation with the United Nation’s <a href="http://www.wipo.int/portal/index.html.en">World Intellection Property Organization</a> (WIPO). This groundbreaking initiative is called the “Global Dossier,” and it will provide a 21st century, all-stakeholder-inclusive electronic environment.</p>
<p>Global Dossier was initially proposed by the USPTO in November 2011, and further developed jointly with the Japan Patent Office last winter for introduction to the IP5 offices this spring. At an IP5 and WIPO heads-of-offices meeting hosted by the European Patent Office in June, the Global Dossier concept was endorsed as a forward-looking way to advance the international patent system, providing stakeholders tremendous cost savings through new efficiencies, while improving patent quality through advanced worksharing mechanisms.</p>
<p>The advantages we envision from Global Dossier include: facilitation of preplanned cross-filings; one-portal management of cross-filed applications; elimination of the need to file duplicate documents in multiple offices (e.g., priority documents, prior art citations, and so on); and cost savings through the use of modern machine translation tools. Among IP offices, it provides tremendous worksharing leverage not only through information exchange, but also examiner collaboration—activities adding to patent quality worldwide.</p>
<p>Many of the ideas included in Global Dossier are not new – indeed some are already under review and development as IP5 Foundation Projects and as pilots in other fora. The Global Dossier initiative gives cohesion to them, providing a unified outcome with clear benefits to all stakeholders in the patent system. It gives the IP5 Offices and WIPO a new opportunity to consolidate, conclude, or re-mission current IT initiatives, and will reduce IT development costs and provide usable results for stakeholders quickly.</p>
<p>The Global Dossier has generated substantial enthusiasm. I invite you to <a href="http://www.uspto.gov/patents/int_protect/gbldssr/index.jsp">watch a short video</a> that introduces Global Dossier. We welcome feedback on this initiative at <a href="mailto:globaldossier@uspto.gov">globaldossier@uspto.gov</a>. All ideas are welcome—we aim to create a system that works for you, the IP community.</p>
https://www.uspto.gov/blog/director/entry/some_thoughts_on_patentability
Some Thoughts on Patentability
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2012-07-27T10:09:39-04:00
2013-02-22T07:11:50-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>The recent Federal Circuit decision CLS Bank International v. Alice Corporation raises some important points that offer insight on advancing prosecution of patent applications. In CLS Bank, the claims to a computer-implemented invention were found to fall within an eligible category of invention and not to mere abstract ideas. In answering the question of eligibility under § 101, I found it interesting that the court looked at the different roles of the various statutory provisions, § 101, 102, 103, and 112. Sections 102, 103 and 112 do the substantive work of disqualifying those patent eligible inventions that are “not worthy of a patent”, while § 101 is a general statement of the type of subject matter eligible for patenting. The court notes that, while § 101 has been characterized as a threshold test and certainly can be addressed before other matters touching on patent validity, it need not always be addressed first, particularly when other sections might be discerned by a trial judge as having the promise to resolve a dispute more expeditiously or with more clarity or predictability. The court in CLS Bank also recognized that the exceptions to eligibility—laws of nature, natural phenomenon, and abstract ideas—should arise infrequently.</p>
<p>Based on my experience, I appreciate the wisdom of the court’s discussion relating to resolving disputed claims by focusing initially on patentability requirements of § 102, 103, and 112, rather than § 101. I have found that when claims are refined to distinguish over the prior art, recite definite boundaries, and be fully enabled based on a complete written description, they do not usually encounter issues of eligibility based on reciting mere abstract ideas or broad fundamental concepts. Put another way, every business looks for opportunities to sequence workflow so that the first issues addressed are the ones that can simplify or completely resolve other issues. This is good basic management for businesses, and for patent offices. </p>
<p>While courts can resolve patent disputes in the most expeditious manner given the facts of the case, the Office has the unique duty of ensuring that all patentability requirements are met before issuing a patent. Applications that are presented in the best possible condition for examination with clear and definite claims that are believed to distinguish over the prior art and are supported by a robust disclosure will most likely not encounter rejections based on eligibility. Avoiding issues under § 101 can have a very positive effect on pendency and help examiners focus on finding the closest prior art, leading to strong patent protection. Hopefully, the guidance supplied by the Federal Circuit in CLS Bank can help us as we continue to work on reducing pendency and enhancing quality of issued patents.</p>
https://www.uspto.gov/blog/director/entry/trademark_dashboard
Still Smooth Sailing in Trademarks
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2012-07-24T11:34:24-04:00
2012-07-24T11:34:24-04:00
<p><em>Guest blog by USPTO Commissioner for Trademarks Deborah Cohn</em></p>
<p><a href="http://www.uspto.gov/dashboards/trademarks/">Our dashboard</a> showcasing performance in Trademarks for the third quarter of the fiscal year is out and you’ll notice that we added a new metric to highlight some meaningful differences in pendency based on how the application is filed. As you may know, applicants have several filing options to consider when they register their trademark – paper filing, electronic filing using the TEAS or the TEAS Plus form, and filing through the Madrid system for international registrations. Applicants who wish to reduce the time for approval of a mark for registration should consider the method of filing in order to best meet their needs. </p>
<p>TEAS Plus applications require additional information at the time of filing but in return receive the best overall pendency. As the dashboard shows, more TEAS Plus applications receive first action approval from our examining attorneys than any other type of filing. </p>
<p>Overall, our record performance for pendency over the past five years continues. First action pendency has stayed in the range of our goal to issue a first action between 2.5 and 3.5 months from filing. As I’ve noted in the past, our record performance is the result of a number of factors including greater use of the systems, tools, and resources necessary to manage new application filings electronically and by having dedicated and qualified people to manage them well. When you look at our performance dashboard for the third quarter you’ll see how well we are meeting our target goals. <br /> <br />Despite a five percent increase in new application filings, trademark pendency to registration continues to remain at historically low levels. Disposal pendency – the time from when an application is filed until a trademark is registered or abandoned – has been under 12 months for the past eight quarters in a row. Again, this is due in part to the increase in electronic processing, which now comprises 76 percent of all trademark applications filed, processed and disposed.</p>
https://www.uspto.gov/blog/director/entry/uspto_and_inta_roundtable_discussions
USPTO and INTA Roundtable Discussions with Stakeholders
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2012-07-18T06:56:03-04:00
2012-07-18T06:56:03-04:00
<p><em>Guest blog by USPTO Commissioner for Trademarks Deborah Cohn</em></p>
<p>The USPTO has been co-hosting roundtable discussions with the International Trademark Association (INTA) since January. The purpose of these roundtable discussions is to bring together USPTO officials with trademark professionals from around the country so we can interact on current topics of interest to practitioners.</p>
<p>In addition to receiving updates on trademark initiatives and processes, attendees share practice tips and raise problems and issues that they have encountered. The roundtables have allowed us to receive input on a variety of developing issues in the trademark operation, and reactions to the sessions have been extremely positive.</p>
<p>To date, roundtables have been held in New York, Alexandria, Va., Wilmington, Del., Boston, and Raleigh, N.C. The next cities we will be visiting are Chicago (July 23), Seattle (Sept. 27), and Charlotte, N.C. (Oct. 14). We are also planning to schedule a session at our new Detroit office. We hope to connect with additional areas of the country in FY 2013.</p>
<p>As Commissioner for Trademarks, I have made it a priority to not just receive feedback from users, but also to seek it out. By going directly to our stakeholders, instead of just waiting for them to come to us, we can be sure the user community is heard. </p>
<p>We welcome any feedback you have on our user outreach. Is there an area of the country you might suggest for a roundtable? We have a dedicated mailbox for your comments (<a href="mailto:TMFeedback@uspto.gov">TMFeedback@uspto.gov</a>) and we look forward to hearing from you.</p>
https://www.uspto.gov/blog/director/entry/methodology_for_appeal_fees
Methodology for Appeal Fees
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2012-07-09T04:31:00-04:00
2013-02-22T07:11:40-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Continuing our series on implementation of the Leahy-Smith America Invents Act (AIA), allow me to discuss one type of fee being set using Section 10 fee-setting authority: appeal fees.<br /> <br />In preparation for public hearings—as directed by the AIA—we delivered an initial fee schedule proposal to the Patent Public Advisory Committee (PPAC) on February 7, 2012. In that preliminary proposal, the USPTO included changes to fees relating to appeals. We proposed these changes with the understanding that in some instances an appeal may be filed, but then the matter is resolved sufficiently early in the appeal process that there is no need to forward the appeal to the Board of Patent Appeals and Interferences (BPAI) for a decision.<br /> <br />The Office has made great strides in connecting with applicants to resolve prosecution issues before appeal. However, we recognize that it is sometimes necessary for these efforts to occur after an appeal is commenced, and indeed we want to encourage such post-appeal outreach between examiners and applicants. However, this can result in appealed cases proceeding unnecessarily to the BPAI while applicants are working with examiners toward resolution of the underlying issues. </p>
<p>We are working to find ways to minimize the cost impact on applicants in these situations. In constructing our preliminary fee proposal, our initial thought was to refund most appeal fees if the application did not proceed to the BPAI. However, this proved to be a non-viable option as the law does not permit us to provide refunds of appeal fees. </p>
<p>As an alternative, the Office presented an option during the preliminary proposal at the PPAC hearings that included two components: (1) Shifting the payment timing for some of the appeal-related fees, and (2) Offering a combined $0 PGPub and Issue fee if the examiner withdraws a Final Rejection prior to an appeal being forwarded to the BPAI. <br /> <br />The second aspect of the initial proposal ($0 PGPub and Issue fee) raised implementation issues. As originally envisioned, a $0 PGPub and Issue fee would have been considered if the examiner withdrew a Final Rejection prior to an appeal being forwarded to the BPAI. However, withdrawing the Final Rejection can happen under many circumstances, including times when there is no error in prosecution by the examiner. For example, examiners often properly consider After Final amendments filed after notice of appeal, resulting in an allowance. Assessing when a $0 PGPub and Issue fee would be proper would require the USPTO to review the circumstances of each withdrawal of Final Rejection on a case-by-case basis, increasing the cost of patent operations. </p>
<p>Another consideration is that a $0 PGPub and Issue fee would eliminate the need for the notice of issue fee payment. Applicants often use this notification to decide if there is a need to file a continuing application. So after reviewing the resources that would be required to consider these situations on a case-by-case basis, and the possible negative impact applicants would experience, this particular piece of the initial proposal will not be pursued.<br /> <br />However, the Office does plan to maintain the first component in our rulemaking proposal as a means to provide savings to applicants—shifting the timing of when some of the appeal-related fees are paid. This approach provides the benefits related to the staging and timing of fee payments, without creating potential harm to applicants or additional implementation issues.</p>
https://www.uspto.gov/blog/director/entry/new_examing_procedure_related_to
New Examining Procedure Related to Mayo v. Prometheus
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2012-07-05T05:42:18-04:00
2012-07-05T05:42:18-04:00
<p><em>Guest blog by USPTO Commissioner for Patents Peggy Focarino</em></p>
<p>I am pleased to report that Deputy Commissioner for Patent Examination Policy Drew Hirshfeld issued a <a href="http://www.uspto.gov/patents/law/exam/2012_interim_guidance.pdf">memorandum to all patent examiners</a> implementing a new procedure for examining process claims for subject matter eligibility in view of the Supreme Court decision <em>Mayo v. Prometheus</em>. The memorandum explains that this new procedure is intended for analyzing process claims in which a law of nature, natural phenomenon, or naturally occurring relation or correlation is a limiting element or step. This procedure will assist examiners in making the determination of whether a claim is a patent-eligible practical application of a law of nature or whether the claim is effectively drawn to the law of nature itself, like the claims found ineligible by the Supreme Court in Mayo. Along with determining subject matter eligibility in accordance with this new procedure, examiners will complete a full examination of the claims to determine whether the additional patentability requirements are met, such as novelty and non-obviousness in view of the relevant prior art.</p>
<p>This memorandum is designed to focus on examination of claims most directly impacted by the Mayo decision while the courts continue to address eligibility questions in pending cases, such as <em>Assn. for Molecular Pathology v. Myriad Genetics</em> and <em>WildTangent v. Ultramercial</em>. The Office will continue to follow the guidance issued after <em>Bilski v. Kappos</em> for examination of other types of process claims for eligibility, and it is expected that additional guidance will be issued as these pending cases are decided. </p>
https://www.uspto.gov/blog/director/entry/uspto_on_the_hill_supporting
USPTO on the Hill: Supporting U.S. Innovators in Global Markets
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2012-07-02T08:33:18-04:00
2012-07-09T10:39:12-04:00
<p><em>Guest blog by Deputy Director Teresa Stanek Rea</em></p>
<p>Last week, I had the distinct honor to testify in front of the House Judiciary Subcommittee on Intellectual Property, Competition and the Internet at a hearing titled: “International IP Enforcement: Protecting Patents, Trade Secrets and Market Access.” This was my first opportunity, since joining the USPTO, to talk about the great successes we have had at this agency in front of Congress. I was pleased to be asked to share our experiences and successes with members of Congress and it was a positive experience.</p>
<p>In my testimony I highlighted the work we do at the USPTO to help our stakeholders protect their patents abroad. These efforts include Technical Assistance and Capacity Building for foreign officials who are responsible for enforcing intellectual property rights in their country. The USPTO has developed rigorous capacity-building programs in key countries and regions targeting foreign enforcement officials, such as police, prosecutors, customs officials, as well as the judiciary. </p>
<p>I also highlighted one of our most successful programs, the Intellectual Property Attaché program, wherein our IP Attachés work directly with our stakeholders on the ground in countries such as China, India, Russia, Brazil, Thailand and Egypt. Our IP Attachés work to promote U.S. government IP policy internationally, help secure strong IP provisions in international agreements and host country laws, and encourage strong IP protection and enforcement by U.S. trading partners for the benefit of U.S. rights holders. They also assist U.S. businesses with IP protection and enforcement and conduct training activities with host governments. The USPTO now has five years of experience building this successful program and the work our Attachés do has gotten praise from U.S. companies and others in the Federal government alike. I have also had the opportunity to meet several of our IP Attachés at their station in country as well as here at the USPTO and have been very impressed with their hard work and accomplishments. I am pleased that their efforts have gotten so much attention by Congress in this hearing and look forward to continuing to build this program.</p>
<p>I was also asked some questions during my testimony and want to take this opportunity to clarify my responses relative to data protection for biologics and compulsory licensing under TRIPS. Although compulsory licensing can be permissible under the TRIPS Agreement, we encourage our trading partners to consider ways to address their public health challenges while maintaining intellectual property rights systems that promote investment, research, and innovation. The broad interpretation of Indian law in a recent decision by the Controller General of Patents of India regarding compulsory licensing of patents, in my view, may undermine those goals. </p>
<p>I was also asked to comment on a twelve year period for data protection for biologics which is favored by the research-based pharmaceutical industry. The Trans-Pacific Partnership (TPP) negotiations are ongoing and the United States Government has not made a proposal for a longer term of data protection for biologic medicines. We will continue to work with our colleagues in the Office of the U.S. Trade Representative who are leading these negotiations as this process moves forward.</p>
<p>It was a great honor for me to represent the USPTO last week and I look forward to continuing to work with Director Kappos, Congress, colleagues within the Administration and our many stakeholders toward the goal of achieving IP protection and enforcement for U.S. innovators doing business in the global marketplace.</p>
https://www.uspto.gov/blog/director/entry/paving_the_way_toward_the
Paving the Way Toward the Unitary Patent
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2012-06-29T05:44:39-04:00
2013-02-22T07:11:30-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Thanks to the tireless efforts of our colleagues in the European Union, and the leadership of Denmark, the last remaining obstacle to the Unitary European Patent System has been removed. Under the new system, innovators will be able to obtain patent protection and enforce patent rights in Europe at lower cost and with greater certainty, creating an optimal environment for growing innovation-based businesses and jobs. I applaud the tireless work of the European Union, and its members, in working toward this unified system—an important step in empowering innovators to compete in the global marketplace. </p>
<p>Coming on the heels of the 2011 America Invents Act, which is substantially revamping our own patent system and infrastructure, the Unitary Patent System will also bring greater harmony between American and European patent laws, improving trans-Atlantic trade, enhancing collaboration between our patent offices, and providing a more consistent global marketplace. This is an important milestone of which Europeans should be justifiably proud. </p>
https://www.uspto.gov/blog/director/entry/a_milestone_in_protecting_creative
A Milestone In Protecting Creative Content Around the World
$entry.creator.screenName
2012-06-26T08:07:40-04:00
2013-02-22T07:11:20-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>In a landmark development for the multilateral intellectual property (IP) system, United States Patent and Trademark Office officials joined with other U.S. government negotiators at a diplomatic conference meeting in Beijing June 20-26, shepherding to completion a treaty that will strengthen the rights of film and television actors around the world. The World Intellectual Property Organization (WIPO) Audiovisual Performances (AVP) Treaty, or the “Beijing Treaty,” is the first successful example of international norm-setting in the copyright area in more than fifteen years, and represents a major stride for the global recognition of IP rights in an increasingly digital world. It is also a tribute to the persistence and skill of U.S. negotiators, who have pursued an agreement since 2000, when a diplomatic conference on the treaty was suspended.</p>
<p><u>The Road to Beijing</u></p>
<p>Actors, singers, musicians, and dancers have historically enjoyed limited international protection for their performances recorded in audiovisual productions. The 1996 diplomatic conference (Dipcon) that adopted the WIPO Performances and Phonograms Treaty updated standards of protection for recording artists and record producers, particularly in the digital environment. Unfortunately, an agreement could not be reached on how to protect audiovisual performances at the international level. The stumbling block was the wide diversity of national laws from country to country. </p>
<p>A breakthrough to the stalemate occurred in 2010, when the WIPO Standing Committee on Copyright and Related Rights (SCCR) invited Member States to submit proposals for a transfer of rights provision that would be sufficiently flexible to adapt to different national laws and thus pave the way for the conclusion of a treaty. With substantial input from the Screen Actors Guild (SAG), the Motion Picture Association of America (MPAA), and the American Federation of Television and Radio Artists (AFTRA), the United States submitted a proposal, and then worked with other delegations that had submitted proposals (Mexico, India) as well as with delegations from other major film-producing jurisdictions (particularly the European Union, Brazil and Nigeria) to find compromise language. Once agreement was reached and the compromise language approved by the SCCR in June 2011, the WIPO General Assembly voted to hold a diplomatic conference to complete the treaty. </p>
<p>The Chinese government offered to host the diplomatic conference in Beijing—a step supported by the United States as a means to strengthen China's commitment to copyright. Members elected Liu Binjie, minister of the National Copyright Administration of China and president of the General Administration of Press and Publications, to be president of the conference.</p>
<p><u>Significance of the Beijing Treaty</u></p>
<p>The “Beijing Treaty” will strengthen the precarious position of performers in the audiovisual industry by providing a clearer international legal framework for their protection, particularly for performances that take place in the digital environment.</p>
<p>For American actors—represented by SAG and AFTRA—the treaty will increase global protection for performers and bring other countries legal norms into line with U.S. standards. It will not disrupt American motion picture companies’ global distribution networks. It represents a win-win for labor and industry, allowing them to work even more closely in fighting global piracy. Ratification by the United States and key trading partners will also give American stakeholders another mechanism to promote protection of the intellectual property in their films.</p>
<p>Our thanks and congratulations go out to the USPTO team, the U.S. Department of State, the U.S. Copyright Office, and our entire U.S. delegation for their hard work in advancing the rights of American performers—and setting the stage for a more global framework in protecting intellectual property rights in the 21st century.</p>
https://www.uspto.gov/blog/director/entry/the_kids_are_okay
The Kids Are Okay
$entry.creator.screenName
2012-06-22T09:18:01-04:00
2012-06-22T09:18:01-04:00
<p><em><span style="COLOR: black" lang="EN">Guest blog by USPTO Commissioner for Patents Peggy Focarino</span></em></p>
<p>It was my great pleasure to speak at the second annual <i>FIRST<sup>®</sup></i> LEGO<sup>®</sup> League <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=fllinnovationaward.firstlegoleague.org/">Global Innovation Award</a> ceremony earlier this week. The event, which took place in the USPTO’s Madison Auditorium in Alexandria, Va., brought together some of the most innovative young minds from across the world. Four teams, out of 272 from 11 countries, were selected as finalists. </p>
<p>Team <i>MATobot</i> (New York, N.Y.) created a milk pitcher that detects spoiled milk by measuring pH levels. Team <i>Moderately Confused</i> (Dublin, Ohio) devised a technique that alerts consumers when meat has been improperly stored and erases the packaging barcode, thereby preventing its purchase. Team <i>Seven World Wonders</i> (Yeruham, Israel) created the FreezeStick, which uses chemical reactions to refreeze ice in coolers. And team <i>S.I.S. Robotic Revolution</i> (Shelton, Conn.) came up with the Smart Sticker to alert when eggs (and other foods) have been stored above the acceptable temperature range for an extended period of time. (You can see videos of the teams explaining their inventions through the above link.) I have no doubt these important innovations will find their way to market. And I hope they do soon, because I really want to use them in my own home!</p>
<p>One thing that truly inspired me at this event was being able to watch members from each team sit on a panel and answer questions from the audience about their inventions, about their lives, and about their dreams for the future. They were smart, they were funny—they were so obviously still children, and yet to see them in all their exuberance was to also witness a young generation accepting its roles and responsibilities as the next innovators and problem solvers. </p>
<p>These kids are wise beyond their years and I am sure I am joined by everyone who was with us that day, or watched via webcast, in congratulating them and saying that the future is in good hands. After all, the finalists of the <i>FIRST<sup>®</sup> </i>LEGO<sup>®</sup> League Global Innovation Award are already changing the future and making our lives better. Today it is in the area of food safety. Tomorrow, computers and nanotechnology. After that . . .</p>
https://www.uspto.gov/blog/director/entry/ensuring_quality_inter_partes_and
Ensuring Quality Inter Partes and Post Grant Reviews
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2012-06-19T11:37:27-04:00
2013-02-22T07:11:09-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>In pursuing our mission to ensure the highest possible level of patent quality, the USPTO has for decades employed the BRI standard—broadest reasonable claim interpretation—to construe claims before the Office. Using this standard, we give patent claims in front of the USPTO their broadest reasonable interpretation. This approach has for decades been uncontroversial, because it represents good policy and strikes a fair balance. It ensures that the public can clearly understand the outer limits applicants and patentees will attribute to their claims. And since applicants and patentees have the opportunity to amend their claims when working with the USPTO, they are able to resolve ambiguities and overbreadth through this interpretive approach, producing clear and defensible patents at the lowest cost point in the system.</p>
<p>Recently it has been suggested that the Office use the district court’s higher standard, construing claims more narrowly so as to preserve their validity in implementing the new America Invents Act (AIA) <em>inter partes</em> and post grant review proceedings. Unfortunately, this change would not be workable or appropriate. Employing a district court approach to claim construction in the new proceedings would impair the efficient operation of the Office and result in facially inconsistent results, as well as constitute bad policy for our country’s IP system.</p>
<p>As alluded to above, patent claims serve an important public notice function. An essential purpose of the broadest reasonable claim interpretation standard in the amendment process is to encourage an inventor to fashion clear, unambiguous claims. Patent owners in <em>inter partes</em> and post grant reviews will be afforded opportunities to amend their claims commensurate with their contribution to the art. Only through the use of the broadest reasonable claim interpretation standard can the Office ensure that uncertainties of claim scope are removed by the inventor. In contrast, patents before a district court are presumed valid with a heightened “clear and convincing” standard of proof to demonstrate invalidity. Consistent with this heightened presumption of validity—and as there is no opportunity to amend and resolve ambiguities—district courts construe claims to uphold validity. The Office however, is not so limited in its approach to claim interpretation, given its authority to amend patent claims.</p>
<p>Some have expressed a concern that applying the broadest reasonable interpretation standard to<em> inter partes </em>and post grant reviews could lead to double standards between ongoing patent litigation and the Office’s reviews. The AIA however, addresses this concern. Specifically, the AIA imposes limitations on a petitioner’s ability to file a review when there is ongoing district court litigation, while providing time limits for the Office to complete its reviews. By placing limits on the filing and completion of the reviews, and encouraging coordination between the Office and district courts, the AIA provides improved mechanisms to avoid conflicts. </p>
<p>On the other hand, inconsistent results would become a major issue if the Office adopted a standard of claim construction other than the broadest reasonable interpretation for post-grant reviews. Specifically, the AIA contemplates that there will be multiple proceedings in the Office, and thus requires the Office to establish rules concerning the relationships between the various proceedings. For example, there may be an <em>inter partes</em> review of a patent that is also subject to an <em>ex parte</em> reexamination, where the patent is part of a family of co-pending applications all employing the same claim terminology. Major difficulties would arise where the Office is handling multiple proceedings with different claim construction standards applicable. In this world, the same amendment made in an <em>inter partes</em> review and a pending application could result in an allowance in one case and a rejection in the other. Or, the introduction of narrower language in a pending application and broader language in an <em>inter partes</em> review could result in an allowance of the broader language and a rejection of the narrower language. Clearly, these examples and many others would produce bizarre results, unhelpful to patentees, applicants, the public, and the system.</p>
<p>To avoid the potential of having distinct alternative claim constructions for a claim term arising in the various proceedings before the Office and the inconsistent results flowing therefrom, the Office has chosen to continue to employ a single standard, the broadest reasonable interpretation standard, for proceedings before the Office. Continued use of the broadest reasonable claim interpretation will ensure the Office serves the patent community and makes full use of its resources in processing patent claims efficiently, effectively and consistently.</p>
https://www.uspto.gov/blog/director/entry/top_reasons_why_uspto_is
Top Reasons Why USPTO Is Moving to CPC
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2012-06-13T06:55:00-04:00
2013-02-22T07:10:58-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Today I'd like to return to our work on patent classification. With the planning and development phases of the Cooperative Patent Classification (CPC) project well underway, this is a good opportunity to reemphasize the importance of CPC and highlight why the USPTO is cooperatively pursuing this initiative with the European Patent Office (EPO). Last year we began working with the EPO on the requirements for a bilateral classification system that would be jointly managed by both offices. We provided an overview of our efforts to the examining corps in February of this year. Throughout the transition to CPC, we will continue to work collaboratively with the EPO and the Patent Office Professional Association (POPA) on implementation details. I am strongly committed to the benefits CPC will bring. CPC will greatly benefit the USPTO and its employees, as well as the entire U.S. and indeed global innovation communities. To highlight the benefits, here are the top reasons why we are moving to CPC:</p>
<p>1. CPC Is Up-to-Date.<br />The U.S. Patent Classification System (USPC) has not been updated and maintained over time. Thanks to EPO's efforts, CPC will start out current. And the USPTO and EPO will jointly maintain CPC, so it will remain current and affordably so, with revisions made on a regular basis to provide manageable breakdowns.</p>
<p>2. CPC Is Dynamic. <br />CPC will allow for more frequent updating that will improve our ability to adapt to and incorporate filing trends and emerging technologies quickly into the scheme through more frequent revisions.</p>
<p>3. CPC Is Compatible.<br />USPC is not compatible with any other classification system used in the world today. The other four major intellectual property offices (EPO, KIPO, JPO, SIPO), all utilize a classification system based on the International Patent Classification (IPC) standard. Moving to CPC will provide the USPTO with a classification system that is compatible with the IPC.</p>
<p>4. One Search, One Source.<br />U.S. patent examiners will be able to select one set of CPC classification codes pertinent to a technology, and then have before them the available U.S., European, and other foreign art.</p>
<p>5. CPC Has More Breakdowns.<br />The CPC scheme (or classification schedule, as it is known at the USPTO) will initially have approximately 200,000 breakdowns as compared to 150,000 breakdowns in USPC. This will provide, in many art areas, a more targeted search that will yield more focused results. </p>
<p>6. CPC Will Have U.S. Documents from Day One. <br />Since CPC is initially based on European Classification (ECLA), and since the EPO has already classified U.S. documents from 1920 to date in the ECLA, we can leverage the work already done by EPO and use it as a starting point for CPC.</p>
<p>7. CPC Promotes Work Sharing.<br />After a transition period, the USPTO will only have to classify U.S. documents filed first in the U.S. Likewise, EPO will only have to classify EPO and member states’ documents filed first in Europe. By jointly sharing the work to classify new documents, CPC will save resources for both USPTO and EPO.</p>
<p>8. CPC Is Collaborative.<br />Collaboration tools will be developed for USPTO and EPO examiners to share and exchange classification and search ideas.</p>
<p>9. CPC Is For All Users.<br />Use of the CPC classification system will provide both examiners and patent system users worldwide the ability to conduct patent document searches by accessing the same document collections.</p>
<p>10. CPC Facilitates Harmonization.<br />CPC will foster patent harmonization efforts by enhancing our ability to leverage and use work of other intellectual property offices.</p>
<p>11. CPC Is Accommodating.<br />CPC is targeted to be launched in both the EPO and the USPTO on January 1, 2013. At the USPTO, there will be a two-year period when both USPC and CPC will be running in parallel to allow USPTO examiners sufficient opportunity to learn and transition to the CPC scheme.</p>
<p>12. CPC Is Global.<br />CPC will be used by the USPTO and more than 45 patent offices in their internal search systems. This user community totals more than 20,000 patent examiners who will share the same classification scheme, i.e., the CPC. This diverse community will help establish the CPC as an international standard.</p>
<p>I hope you will share in my enthusiasm for this important undertaking. Please check the co-owned and jointly maintained <a href="http://www.cooperativepatentclassification.org/">CPC website</a> periodically for further updates.</p>
https://www.uspto.gov/blog/director/entry/eleven_new_judges_join_board
Eleven New Judges Join Board of Patent Appeals and Interferences
USPTO
2012-06-08T10:00:16-04:00
2012-06-08T10:00:16-04:00
<p><em>Guest blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Teresa Stanek Rea</em></p>
<p>Today at the U.S. Patent and Trademark Office in Alexandria, Va., the Honorable Sharon Prost, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, administered the oath of office to 11 new administrative patent judges on the Board of Patent Appeals and Interferences: Rama Elluru, John Evans, Larry Hume, Ulrike Jenks, Hyun Jung, Brett Martin, John Martin, Brian McNamara, Annette Reimers, Sheridan Snedden, and Michael Strauss.</p>
<p>The appointment of these new judges was another important milestone in our Agency’s continuing efforts to implement the historic America Invents Act passed into law last fall. Thanks to that far-reaching act of bipartisanship, we are diligently rebuilding our intellectual property system from the ground up so that new ideas and technologies can get to the marketplace faster and help create more jobs in our struggling economy. A key part of that effort is reducing patent pendency and appeals.</p>
<p>This year, new administrative patent judges have increased the output of the Board more every month. In the first five months of 2012, new judges added 300 more decisions to the Board’s dispositions total. We expect that by the end of the calendar year, new judge output will equal that of incumbent judges on the order of 600 to 700 decisions per month—significant and meaningful progress in reducing appeals that our newest group of judges will continue to help accelerate.</p>
<p>These talented new judges bring a wealth of education and experience to their new jobs at the USPTO, collectively representing more than 25 distinguished universities and 16 prestigious law firms. Their education and experience will serve them well in navigating the new challenges of our evolving patent terrain. Through judicious rulemaking, thoughtful guidelines, and policy-based interpretations of the new laws, they will each play a vital role in generating value from creativity—and helping move new inventions into the marketplace. </p>
<p>Please join me in welcoming these 11 new judges to our USPTO team and offering best wishes to all of them.</p>
https://www.uspto.gov/blog/director/entry/china_as_an_ip_stakeholder
China as an IP Stakeholder
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2012-06-01T06:39:14-04:00
2013-02-22T07:05:46-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>The USPTO and the U.S. Court of Appeals for the Federal Circuit May 28-30 co-sponsored an intellectual property adjudication program with Renmin University of China, the China Law Society, the Bar, and others. More than 1,200 people attended the three-day program, including nearly three hundred judges from China’s judiciary; hundreds of lawyers and business people from the United States and China; several hundred Chinese academics; and, most importantly, seven judges from the Federal Circuit, as well as a like number of judges from the Supreme People's Court. There was an “en banc” Q-and-A session between the Federal Circuit and China’s Supreme People’s Court, a moot court involving a common fact pattern that resulted in a nearly identical adjudication on the same set of facts, and breakout sessions on such topics as pharmaceutical patent adjudication, copyright (including online infringements) and trademark developments (including “squatting”). The program was a milestone in bilateral judicial, intellectual property and rule of law exchanges.</p>
<p>On May 29, USPTO also paid a remarkable visit to China’s State Intellectual Property Office, to review a range of issues in our bilateral cooperation agenda. The Commissioner of SIPO hosted our visit, which included me and my co-author of this blog post<span style="LINE-HEIGHT: 115%; FONT-FAMILY: "Calibri","sans-serif"; FONT-SIZE: 11pt">—</span>Senior Advisor on China Mark Cohen—as well as Solicitor Ray Chen, Attorney-Advisor Joel Blank, and one of the local lawyers in our Attache’s office, Li Jing. I delivered a public speech at SIPO on the America Invents Act.</p>
<p>Commissioner Tian is currently the longest serving commissioner of the five largest patent offices, and is likely the only major patent office director who has been there since his office was first established. According to Prof. Guo Shoukang of Renmin University (another remarkable contributor to China’s IP system), Tian Lipu was in the first class of his students who were educated to help establish an IP system in China over 30 years ago.</p>
<p>One of the issues we discussed with Commissioner Tian was how to handle design protection for graphical user interfaces (GUI). Design protection of GUIs is important in addressing the increasing phenomenon of migration of real objects to virtual objects, such as cell phones or laptops, or the GUI of a refrigerator to enable its remote control. There is also a need to provide more robust protection for designs in the borderless computing “cloud.” Although SIPO’s patent examination guidelines currently deny design protection to GUIs, Commissioner Tian recognized that as a technology-based organization, SIPO needs to address emerging new technologies and adjust its examination and patentability policies accordingly. He also welcomed discussion on other issues, such as test data requirements for pharmaceutical patents.</p>
<p>On issues involving patent law harmonization, patent prosecution highways, improving PCT procedures to insure greater efficiency and reduce costs, and patent classification, Commissioner Tian showed an openness and willingness to engage on shared challenges facing major patent offices, including consideration of solutions USPTO has been proposing.</p>
<p>Commissioner Tian’s leadership was also evident in discussing issues such as software asset management. We discussed the possibility of working together to insure both our offices, as leaders in IP protection, have strong software asset management practices. The Commissioner took up the opportunity, and we look forward to working on this together in the near future.</p>
<p>Perhaps the most remarkable proposals reflected SIPO’s efforts to expand its role on the international stage. First, Commissioner Tian offered to provide training to U.S. examiners on Chinese patent examination techniques. Currently SIPO runs two sessions of these training programs, one in English and one in Chinese, which he invited USPTO to participate in. Second, he noted that SIPO was planning to propose an effort at the forthcoming <a href="http://www.fiveipoffices.org/index.html">IP5</a> meeting to provide cloud-based sharing of patent and patent application information, an idea similar to USPTO efforts in this area. SIPO was also supportive of our efforts to improve the efficiency and operation of the PCT system, including measures that can reduce costs and improve PCT availability for smaller enterprises.</p>
<p>Commissioner Tian also took the time to note the contribution of the United States in inviting China to join the IP5, as well as the contribution of the United States to initial establishment of the Chinese patent office. For many years, China had been reluctant to recognize the hard work we have done. Some scholars, such as Bill Hennessey at Franklin Pierce Law School, have also recently called attention to the early contributions of the United States to China’s IP regime, as well as the importance of IP to China’s overall economic reforms. The recognition we received from SIPO was most welcome.</p>
<p>Since the 1980’s, China’s patent office has grown to be one of the largest offices in the world<span style="LINE-HEIGHT: 115%; FONT-FAMILY: "Calibri","sans-serif"; FONT-SIZE: 11pt">—</span>now about the same size as USPTO. In this respect, the decision made six years ago by the USPTO to invite China to expand the <a href="http://www.trilateral.net/index.html">IP trilateral</a> (USPTO, JPO and EPO) to include the Korean Patent Office and SIPO was not only historic, but in retrospect mandatory. Mark Cohen was the person who first placed the phone call to SIPO to initiate that process on Dec. 24, 2006, which resulted in a formal invitation in 2007.</p>
<p>SIPO’s early development relied heavily on European, particularly German support, and SIPO's growth reflects well on the contributions made by European colleagues. Nonetheless, many of us involved in China IP matters have wondered whether SIPO, as a rising IP force, will be a responsible stakeholder in global intellectual property, and play a constructive role as other major offices have. Former U.S. Trade Representative Robert Zoellick first raised the issue in 2005 in terms of China’s overall engagement on trade and foreign policy issues, and has continued to raise the issue since. In the area of intellectual property the issues are further burdened by contentious bilateral and multilateral disputes with China, concerns over China’s innovation policies, and China’s willingness to respond to emerging challenges of new technologies as well as the pressures placed on patent offices globally and support efforts such as PCT reform and patent law harmonization. The answers that the USPTO heard at our meeting with SIPO were encouraging.</p>
<p>The critical importance of cooperation was underscored by Commissioner Tian himself a day earlier at the Renmin University Judicial Conference, when he noted that the USPTO and SIPO now account for approximately 50 percent of all patent applications in the world. From USPTO’s perspective, as we together carry such a large share of global patent applications, we need to both be fully committed to the global IP system. We may not always agree on policies and strategies, but having another partner emerge who is committed to the development of the global IP system is a welcome development. </p>
<p>(This blog was jointly written by Director Kappos and Mark Cohen, Senior Advisor to Director Kappos on China matters.)</p>
https://www.uspto.gov/blog/director/entry/building_a_better_post_grant
Building a Better Post Grant
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2012-05-15T04:55:21-04:00
2012-05-15T04:55:21-04:00
<p><em>Guest blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Teresa Stanek Rea</em></p>
<p>Currently, the USPTO has two principal ways of challenging granted patents - inter partes reexamination and ex parte reexamination. Both of these are an examination performed in the Patent Examining Corps, specifically in the Central Reexamination Unit (CRU). Inter partes reexamination has not proven as efficient as was originally intended. It has taken an average of 32 to 38 months to move from filing to issuance of a final reexamination certificate. <a href="http://www.uspto.gov/patents/stats/reexam_operational_statistics_FY12Q2.pdf">The time to a final determination within the USPTO</a> is even longer, when you factor in appeals. To best serve the applicant community, Congress directed the Agency in the America Invents Act (AIA) to implement more efficient and timely alternatives to litigation.</p>
<p>On September 16, 2011, President Obama signed the AIA into law. It establishes three post grant proceedings conducted by the Board of Patent Appeals and Interferences (Board). These proceedings include post grant review, inter partes review and the transitional program for covered business method patents. The AIA also renames the Board as the Patent Trial and Appeal Board. </p>
<p>The size and experience level of the Board is being significantly expanded to handle the new proceedings. The Board now has more than 120 judges, with many of the new members coming from outside the USPTO. Many of the new judges have considerable litigation and patent prosecution experience, augmenting the considerable examination experience of other judges. This Board is well positioned to handle the new contested cases. We at the USPTO are pleased to have fresh viewpoints and diverse experiences as we take on the challenges of the AIA. </p>
<p>We are hard at work on the final rules concerning post grant procedures as we implement and fulfill Congress’ intent with the AIA. The need to provide an efficient way for the Board to reconsider granted patents is an important feature of the new law. The process desired by Congress is one that is efficient and cost-effective, and relies on expertise within the Agency to provide high-quality decisions. Congress also specifically limited the length of these new proceedings to 12 months, with an additional six months in exceptional cases. </p>
<p>Our rulemaking is taking into consideration a wide variety of information, input, and experience. The experience and procedures used in Federal District Court litigation were considered as well as the experience and procedures in the CRU. We studied procedures used by other administrative agencies, such as the Board of Veterans’ Appeals, and the International Trade Commission. We actively engaged the user community in the rulemaking process. We discussed a wide range of procedures and recommendations from a variety of sources including associations, corporations, law firms and individuals. </p>
<p>The Board also has some direct experience in handling contested cases. Interference practice has a long history within the Agency, and the Agency evaluated those procedures in order to identify best practices. I have practiced in the interference area for many years, and watched the development of efficient trial proceedings take root at the Board. About 15 to 20 years ago, interferences took approximately four to seven years, costing stakeholders time while adding uncertainty. They allowed for dilatory practices, wasteful motions, and procedural traps. The process eventually was modified—much to its benefit—and is now a trial-like proceeding, streamlined by careful involvement of judges. The average interference today is completed in less than a year, approximately 11 months. We in the practice learned to trust the involvement of the judges in shepherding proceedings to a quick and efficient conclusion.</p>
<p>The team working on the rules consists of individuals with a balanced set of viewpoints. The Director, myself, and the Chief and Vice Chief of the Board have all practiced in firm and corporate settings, and are well aware of the needs and concerns of external stakeholders. We do not wish to retain any of the elements of an overly complex interference practice. We have started from scratch and take a fresh look in our rulemaking.</p>
<p>Post-AIA proceedings will be very different from reexamination proceedings or interferences. First, they must be completed within a year, which means streamlining. There will be no examination, no counts, no determination of priority, no complex procedures of inter partes reexamination, and no establishing priority of invention. Complex inter partes reexamination and interference practices will not return. We envision reaping the benefits of a straightforward trial proceeding, implemented by experienced judges, resulting in a fair and efficient proceeding. </p>
<p>The user community has provided diverse and, at times, contradictory recommendations on aspects of the rule implementation. We are diligently taking this information into consideration as we draft procedures that will provide high quality decisions that are clear and predictable. We aspire to present final rules which will accomplish Congress’ intent of efficiency and cost-effectiveness within a 12-month window. I appreciate the interest and helpful input of the entire user community.</p>
https://www.uspto.gov/blog/director/entry/cpi_rulemaking
Focusing on Funding Continuity
USPTO
2012-05-14T07:59:15-04:00
2013-02-22T07:10:44-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>As USPTO continues to work toward improving effectiveness, a key to maintaining progress will be financial stability, predictability, and sustainability. </p>
<p>Towards this end, the Leahy-Smith America Invents Act (AIA) authorized a 15 percent surcharge on most patent fees, which went into effect on September 26, 2011. The AIA also entrusted the USPTO with the responsibility to set fees through regulation— a new authority that the Office, in collaboration with our stakeholders, is working to put in place in the coming months. Our target is to have a new fee schedule operational by the middle of FY 2013.</p>
<p>In addition to these in-process AIA fee adjustments, the USPTO recently published a Notice of Proposed Rulemaking (NPRM) that proposes an increase to statutory fees based on inflation as of October 1, 2012, using the Consumer Price Index. CPI adjustments have routinely been implemented in the past—generally on an annual basis—to help the Office adjust to the higher costs of doing business resulting from increases in the price of products and services. Given this mix, it is quite understandable that I am sometimes asked why we need the additional fee increase, given the 15 percent surcharge already in place and plans to implement a revised fee schedule by the first quarter of next year. </p>
<p>The answer is: leveling, cash flow, continuity -- much like with any large enterprise. Think of the CPI adjustment as ensuring “bridge funds.” This planned CPI adjustment will provide a small but needed increase in funding, allowing the USPTO to continue reducing the backlog and pendency until our new fee schedule--which will provide long-term financial resources--is in place. </p>
<p>An adequately funded USPTO will optimize the administration of the U.S. intellectual property system, moving your innovative ideas to the marketplace more quickly, while creating and sustaining U.S. jobs and enhancing the health and living standards of Americans and indeed people everywhere around the globe.<br /></p>
https://www.uspto.gov/blog/director/entry/uspto_exhibit_on_steve_jobs
USPTO Exhibit on Steve Jobs Opens at Smithsonian
USPTO
2012-05-11T04:36:22-04:00
2013-02-22T07:22:29-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>If you missed our wonderful exhibit—<em>The Patents and Trademarks of Steve Jobs: Art and Technology that Changed the World</em>—while it was on display several months ago here at the USPTO campus, you now have another chance. This exhibit, which commemorates the far-reaching impact of Steve Jobs’ innovation on our daily lives, opens today at the Smithsonian Institution. Head to the concourse of the Smithsonian’s Ripley Center, and you’ll see displays of the more than 300 patents that bear the name of the iconic innovator, along with many of the trademarks that have given Apple its instantly recognizable identity around the world. You’ll gain insights into the visionary commitment Jobs gave to each of the products and designs he influenced during his time with Apple, the company he co-founded at the age of 21 with his friend and fellow computer enthusiast Steve Wozniak. You might also be interested to know that on May 2nd, Jobs was inducted posthumously into the National Inventors Hall of Fame at a dinner held in the Smithsonian American Art Museum and Portrait Gallery, the historic home of the USPTO. <a href="http://www.si.edu/Exhibitions/Details/The-Patents-and-Trademarks-of-Steve-Jobs-Art-and-Technology-that-Changed-the-World-4838">The Patents and Trademarks of Steve Jobs: Art and Technology that Changed the World</a> runs through July 8th. </p>
https://www.uspto.gov/blog/director/entry/gao_a_helpful_partner_on
GAO a Helpful Partner on AIA Implementation
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2012-05-10T06:01:23-04:00
2013-02-22T07:10:29-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>USPTO is making it a major focus to actively engage and have regular conversations with our stakeholders on a host of issues. Look no further than how we have managed the rulemaking process to implement the Leahy-Smith America Invents Act (AIA), including – for the first time in the Agency’s history – proposing and setting a new fee schedule.</p>
<p>Recently, the Government Accountability Office (GAO) released a report that looked at USPTO’s user fee design. GAO’s report is quite positive. The report found that the USPTO has a robust fee review process in place, and applauded our efforts to manage funding uncertainty by creating an operating reserve, borrowing from a practice widely used in industry. The report also notes that the USPTO has a strong stakeholder communication base on which to build, assisting us in our ongoing pursuit of transparency and two-way communication.</p>
<p>The report did, however, note opportunities to ensure superior implementation going forward, opportunities we have already begun pursuing. Because the Office has not yet issued a notice of proposed rulemaking for setting fees under section 10 of the AIA, the findings are based largely upon past practices going back several years. Since we are just now reaching the mid-point for our fee-setting process, and the “new” information available to GAO was gathered very early in the process, the report comes at a great time for us to gain value going forward. As such, the report serves as a guide to help the Office successfully carry out the authorities entrusted to it, and not as a comprehensive review of the entire fee setting process.</p>
<p>The report recommends that the USPTO continue to build upon the communication successes we have already achieved, by enhancing transparency through providing detailed accounting of program costs as well as communicating clearly our policy choices. This is a fair recommendation, especially considering the GAO’s review and conclusions were based on the high-level informational materials provided in advance of the fee setting hearings held in Alexandria and Sunnyvale in February. Enhancing transparency remains critical to our business model.</p>
<p>Finally, GAO encouraged us to continue building on current successes by establishing guidance and protocols for communication with the PPAC and other stakeholders regarding our fee setting process. This will help ensure consistency far into the future. We have taken this recommendation to heart, and plan to incorporate specific protocols for communication into our fee-setting process.</p>
<p>We welcome the guidance and assistance that GAO has provided to us in their report, and look forward to continuing this strong relationship. We’ll be looking for additional ways to engage and seek help from our stakeholder community to ensure the best possible implementation of AIA, as well as numerous other initiatives underway at PTO.</p>
https://www.uspto.gov/blog/director/entry/uspto_official_honored_for_public
USPTO Official Honored for Public Service
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2012-05-09T06:50:52-04:00
2013-02-22T07:10:14-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>One of our stars here at the USPTO was honored this morning for her excellent work as a public servant. Senior Telework Advisor Danette Campbell is one of 33 Samuel J. Heyman Service to America Medal finalists in the category of Management Excellence. Under Danette’s guidance, the USPTO has created a teleworking program that is a model not just for the federal government but for any employer. A full two-thirds of USPTO employees telework in some manner, which saves millions of dollars, increases productivity, and boosts employee job satisfaction and retention.</p>
<p>The “Sammies,” as the awards are known, is a project of the nonprofit <a href="http://servicetoamericamedals.org/SAM/finalists/mem/campbell.shtml">Partnership for Public Service</a>, which honored the finalists at a breakfast today at the Ronald Reagan Building here in DC. Danette and her fellow finalists were profiled Monday in <em><a href="http://www.washingtonpost.com/politics/sammie-award-finalists-named-from-federal-workforce/2012/05/06/gIQANZ5N6T_story.html">The Washington Post</a></em>, and we’ve already been contacted by TV and radio outlets looking to hear Danette’s story. Of course, her story is really the story of the thousands of USPTO employees who have embraced teleworking to everyone’s benefit. We all will be pulling for Danette when they announce the winners on September 13th.</p>
https://www.uspto.gov/blog/director/entry/continued_success_in_improving_the
Continued Success in Improving the Global IP System
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2012-05-07T08:22:48-04:00
2012-05-07T08:22:48-04:00
<p><em>Guest blog by Acting Administrator for Policy and External Affairs Shira Perlmutter</em></p>
<p><span style="COLOR: black" lang="EN">As fiscal year 2012 moves forward, the Office of Policy and External Affairs (OPEA) continues to make great strides toward improving the global intellectual property system. Our dedicated staff promotes the protection of U.S. intellectual property interests around the world—from the World Intellectual Property Organization, to our work with the Office of the United States Trade Representative on trade agreements, to our collaboration with other offices via the Trilateral and IP5 processes. We are engaged in initiatives across the entire spectrum of intellectual property rights focused on enhancing the contribution the intellectual property system makes to global economic and social prosperity. I wanted to take this opportunity to give you an update on some of these initiatives and point you to<span style="COLOR: black" lang="EN"> details and statistics found on our updated </span><a href="http://www.uspto.gov/dashboards/externalaffairs/"><span lang="EN">Policy and External Affairs dashboard</span></a><span style="COLOR: black" lang="EN">.</span></span></p>
<p><span style="COLOR: black" lang="EN">One of our most important projects is the <a href="http://www.uspto.gov/patents/init_events/pph/index.jsp">Patent Prosecution Highway (PPH)</a>. The PPH is a worksharing framework designed to promote more efficient and higher quality examination, while enabling innovators to obtain patent protection more quickly and with greater certainty in multiple jurisdictions. The basic concept is that when one office determines claims to be allowable in an application, the applicant can fast-track examination in another office on a related application (filed via the Paris Convention or the Patent Cooperation Treaty (PCT)) containing the same or similar claims. </span></p>
<p><span style="COLOR: black" lang="EN">The USPTO has PPH arrangements with 22 patent offices around the world and the PPH network continues to expand. Furthermore, improvements made to the program were launched in January of this year as PPH 2.0, which are expected to encourage increased use of the program. As of the end of the second quarter, the USPTO had received a cumulative total of 10,322 PPH requests from applicants worldwide since the program’s inception. </span></p>
<p><span style="COLOR: black" lang="EN"></span><span style="COLOR: black" lang="EN">Another of our key activities is providing educational and training programs for foreign government officials through our Global Intellectual Property Academy (GIPA) to improve intellectual property protection and enforcement worldwide. As of the end of the second quarter of this fiscal year, GIPA had conducted 68 training programs for 3,949 participants from 79 countries.<span> </span></span></p>
<p><span style="COLOR: black" lang="EN">I am proud of the work OPEA is doing to advance these important initiatives, and I look forward to reporting continued progress in the future.</span></p>
https://www.uspto.gov/blog/director/entry/bpai_reducing_the_backlog
BPAI: Reducing the Backlog
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2012-05-03T08:25:43-04:00
2013-02-22T07:10:02-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>The Board of Appeals and Interferences (BPAI), like other areas within the USPTO, have experienced increased growth, leading to a large backlog of <em>ex parte</em> appeals. With the new Post-Grant Review processes set forth in the America Invents Act (AIA) fast approaching and BPAI resources being diverted to prepare for those new proceedings, there are concerns this backlog may continue to grow. As a result of the AIA, on September 16, 2012, the BPAI will become known as the Patent Trial and Appeal Board (PTAB) as it adds Post-Grant Review and <em>inter partes</em> review proceedings, to its current workload of <i>ex parte</i> appeal cases.</p>
<p>In recognition of this additional workload and in anticipation of the new processes beginning at the end of fiscal year 2012, we continue to look at how the USPTO can reduce this backlog. Chief Administrative Judge James Donald Smith <a href="http://www.uspto.gov/blog/director/entry/simplifying_the_ex_parte_appeals"><font color="#0000ff">blogged about the topic</font></a> in December 2011 and he discussed streamlining the appeals process for applicants and examiners. This effort, and the new regulations resulting from it, was prompted by comments received at a USPTO public roundtable in January 2010 and a notice of proposed rulemaking in November 2010.</p>
<p>This is just one avenue which we are pursuing as we are continually looking for ways to improve the patents appeals process. In fact, public perception has suggested a high number of pending applications were sent to the BPAI from the Patent Technology Centers (TCs) unnecessarily. In response to this perception and because of our desire to decrease the backlog of <i>ex parte</i> cases, the Patent TC Directors working on a BPAI task force enlisted the help of the Office of Patent Quality Assurance (OPQA). OPQA reviewed a sample of 1,300 pending applications at the BPAI. This review was intended to determine if some of the cases most recently sent to the BPAI from the patent corps were truly ripe for appeal.</p>
<p>Results of this review found a low number of reviewed applications containing deficiencies that would result in them not being ready for review by the BPAI. More importantly, this information gave the patent corps the opportunity to take an in-depth look at these sample cases to identify issues where further training could be provided. Examiners recently completed mandatory training on the above new rules for the BPAI, but there is more opportunity for improvement.</p>
<p>As we continue to work diligently to decrease the backlog, special attention has been given to design programs to help prevent applications from being sent to the BPAI when appeal is unnecessary. Our emphasis on interviews is designed to help examiners and attorneys resolve as many issues as possible—if not allow the application—before appeal. Our <a href="http://www.uspto.gov/patents/ombudsman.jsp">Ombudsman Program</a> is designed to assist applicants and their representatives to bring the examination back on track when the process is not working as intended, thus avoiding appeal where possible. One of our latest efforts encourages examiners to hold interviews after final and, if possible, move those applications to allowance rather than appeal.</p>
<p>While we work toward preventing unnecessary appeals, the BPAI is working to reduce the current <i>ex parte</i> backlog and to prepare for the new post-grant review and <i>inter partes</i> review proceedings resulting from AIA. </p>
<p>Our goal is two-fold, 1) to serve you as quickly as possible when you need to appeal and 2) make sure that we do everything possible to resolve issues before the appeal route is chosen.</p>
https://www.uspto.gov/blog/director/entry/the_role_of_submission_limits
The Role of Submission Limits in Timely Completion of Supplemental Examination
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2012-04-27T06:10:45-04:00
2013-02-22T07:09:43-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>This entry in our series on implementation of the America Invents Act (AIA) focuses on the proposed rules for supplemental examination.</p>
<p>The supplemental examination procedure was designed to provide patentees with a quick and decisive examination of items that were overlooked during the patent’s original prosecution. So quick in fact, that the AIA set a three-month period for us to conduct and conclude a supplemental examination after a request is filed. That’s just three months to determine if any of the items of information raise a substantial new question of patentability.</p>
<p>In order to meet this timeframe, we have proposed a limit of 10 items of information that a patent owner can submit to the USPTO for consideration in each request. The purpose of this limit is to strike a balance between the needs of the patent owner and the ability of the Office to timely conclude the proceeding. That said, we did not limit the number of issues that these 10 items of information can raise, nor did we limit the number of separate supplemental reexamination requests that a patentee can file.</p>
<p>Following publication of the proposed rules, the Office received a number of suggestions requesting us to accept more than 10 items of information in a single supplemental examination request. While we're still considering this and all of the other input we have received, I wanted to share with you the factors the Office took into consideration in proposing a limit of 10 submissions.</p>
<p>First, far fewer than 10 prior art documents form the basis for most inequitable conduct allegations. In fact, we are unaware of any publicly reported inequitable conduct dispute involving more than 10 items of information – if you know of one, please let us know. Second, in over 85 percent of the requests for <em>ex parte</em> reexamination, the requester cites 10 or fewer items for consideration by the Office. Third, the Office was very mindful of the time necessary for examiners to analyze the items of information submitted, particularly since the items are not limited to patents and printed publications, and each item may raise multiple issues.</p>
<p>Accordingly, limiting the number of items of information to 10 will help the USPTO establish a procedure that is not only practical, but also one enabling an examiner to fully, comprehensively, and timely analyze all submitted items of information and issues to accurately determine whether there is a substantial new question of patentability.</p>
<p>So, as is always the case with matters of balance, there is no definitive answer. But one thing is for sure: Congress mandated very fast action on supplemental examination. And that in turn calls for limits on what we all take on within the scope of a single proceeding.</p>
https://www.uspto.gov/blog/director/entry/record_results_for_trademark_pendency
Record Results for Trademark Pendency
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2012-04-20T11:21:44-04:00
2012-04-20T11:21:44-04:00
<p><em>Guest blog by Commissioner for Trademarks Debbie Cohn</em></p>
<p>This month marks a record for performance by our Trademarks team. It has now been five consecutive years that first action pendency has stayed in the range of our goal to issue a first action between 2.5 and 3.5 months from filing. This record is the result of a number of factors including greater use of the systems, tools, and resources necessary to manage new application filings electronically and to manage them well. It demonstrates how electronic filing and systems have led to more consistent results in our ability to deliver top quality service. A look at our <a href="http://www.uspto.gov/dashboards/trademarks/">performance dashboard</a> for the second quarter of fiscal year 2012 shows quality and timeliness to first action or disposal either meets or exceeds target goals. </p>
<p>Meanwhile, despite a 7 percent increase in new application filings, trademark pendency to registration continues to remain at historically low levels. Disposal pendency – the time from when an application is filed until a trademark is registered or abandoned – has been under 11 months for the past eight quarters in a row – a record due in part to the increase in electronic processing, which now comprises 75 percent of all trademark applications filed, processed and disposed.</p>
<p>Trademark quality shows improvement – all three indicators are better than their respective targets. Our newest indicator for evaluating quality, introduced last year, as the ‘excellent office action’ standard has been renamed ‘exceptional office action’. The name change is a better reflection of the criteria that set exceptionally high standards for evaluating an examiner’s writing, evidence, and search strategy in preparing the office action. Our evaluation of quality is an ongoing process, and we regularly use the results for improving how we work—from developing policy and training guides and manuals to reinforcing and ensuring the quality of the trademark register. </p>
<p>We welcome any feedback you have on how we can improve this dashboard. Simply email a comment to <a href="mailto:TMFeedback@uspto.gov">our dedicated mailbox</a> for Trademarks feedback. We look forward to hearing from you.</p>
https://www.uspto.gov/blog/director/entry/we_mean_business_about_diversity
We Mean Business About Diversity
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2012-04-16T11:22:54-04:00
2013-02-22T07:22:10-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>April is Celebrate Diversity Month, and in the spirit of this month, I want to take this opportunity to provide you with updates on various diversity initiatives underway at the USPTO.<br /> <br />On Tuesday, April 17, the USPTO is hosting the first-ever White House Initiative on Asian Americans and Pacific Islanders (WHIAPPI) Federal Sector Conference. The WHIAPPI conference theme is “Empowering Asian American and Pacific Islander Communities through Federal Service.” We are expecting attendance of up to 400 government employees. <br /> <br />Last December, <a href="http://www.uspto.gov/blog/director/entry/investing_in_our_newest_employees">I shared with you the good news</a> about our efforts to improve the retention of patent examiners beyond their probationary period through the New Examiner Mentoring Program pilot, a voluntary, peer-based program. I am pleased to report that we will soon be kicking off an expanded pilot mentoring program through the support of the USPTO's associated affinity groups and the Patent and Trademark Office Society. The New Examiner Mentoring Program 2.0 will pair mentors with new patent examiners arriving in May. As I previously mentioned, when we look at the benefits associated with retaining examiners -- who are costly to recruit and on-board, we are quite optimistic about the pilot’s expansion.<br /> <br />In addition to our diversity and inclusion programs within USPTO, I want to take a moment to highlight our diversity efforts beyond the USPTO. For example, Chief Judge of the BPAI James Smith joined Deputy Director Rea at the Minority Corporate Counsel Association (MCCA) Continuing Legal Education Expo in Chicago. Deputy Director Rea and Chief Judge Smith participated on discussion panels presenting to a diverse audience of IP professionals.<br /> <br />In addition to the MCCA, we are working on sending USPTO representatives to present at several important conferences as follows: The National Bar Association; the National Asian and Pacific American Bar Association; the National Black Chamber of Commerce; Blacks in Government National Training Conference; Out in Science, Technology & Math; the Society of Women Engineers; the Society of Hispanic Professional Engineers; and the American Indian Science and Engineering Society.<br /> <br />In response to fiscal year 2012 hiring goals, our Office of Equal Employment Opportunity and Diversity (OEEOD) has launched an important diversity hiring initiative, now underway. In advance of USPTO recruiters reaching college campuses, a member of the OEEOD contacts university engineering organizations, such as the National Society of Black Engineers or the Society of Women Engineers, to provide them with a personalized invitation to meet with our recruiters, along with our recruitment schedule. We hope that this diversity outreach will get the word out about the USPTO through diverse networks on college campuses and, in turn, encourage more students from diverse backgrounds to apply for positions at USPTO. <br /> <br />We can all be proud of USPTO's inclusive culture in which diversity is welcomed, encouraged, and appreciated. Enjoy this month’s theme, and celebrate diversity! </p>
https://www.uspto.gov/blog/director/entry/electronic_terminal_disclaimers_now_get
Electronic Terminal Disclaimers Now Get Immediate Approvals
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2012-04-09T05:27:30-04:00
2013-02-22T07:21:57-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>You may remember that last November USPTO launched a new feature called eTerminal Disclaimer (eTD) as an open beta. eTD enables filing of terminal disclaimers (TDs) using an electronic interface from the USPTO’s online patent-filing system, EFS-Web. eTD allows applicants to expedite the filing and decision process for terminal disclaimers and receive immediate, real-time approval if the submission requirements are met. <br /> <br />Based on the positive feedback we received in response to the beta, I am pleased to report that eTD is now in full production. Some 1,500 eTDs have been processed since the deployment. And eTD submissions now account for nearly 12 percent of all terminal disclaimer submissions in utility applications.<br /> <br />As you are probably painfully aware, historically all terminal disclaimers have either been prepared and submitted as paper documents, or submitted as electronic PDF documents through EFS-Web. In either case, the USPTO’s manual review process delayed examination of the application in which the traditional TD had been filed. In contrast, by filing an eTD, you receive an immediate, real-time answer to your petition -- normally an approval (provided the submission requirements are met). To submit the petition, you enter information directly into EFS-Web’s workflow interface for eTD. These web-based screens guide you through the process and will prompt you for the correct information quickly and easily.<br /> <br />Up to 20 percent of traditional terminal disclaimers have historically been disapproved as a result of errors in the submission materials. Once a traditional terminal disclaimer is disapproved, the submission process starts over again, unfortunately increasing the effort and delay encountered to complete the filing. eTD was designed to make it easier and faster for you to file a terminal disclaimer and to obtain its immediate acceptance. In addition, eTD provides users with a payment advantage. Fees are not collected until the eTD is actually accepted by the USPTO. <br /> <br />The eTD also represents a move forward for operational efficiency at USPTO. It allows us to reallocate resources by eliminating the time needed to review terminal disclaimers, and eliminates rework associated with non-compliant submissions.<br /> <br />I hope you will consider the many advantages of eTD when filing terminal disclaimers. For more details on eTD, visit the USPTO eTerminal Disclaimer resource page at <a href="http://www.uspto.gov/TerminalDisclaimer">http://www.uspto.gov/TerminalDisclaimer</a>. Live assistance with any questions regarding eTD or with filing an eTD can be obtained by calling the Patent Electronic Business Center at 866-217-9197 (toll free) or sending an email to <a href="mailto:EBC@uspto.gov">EBC@uspto.gov</a>.<br /> <br />Thanks as always for picking up and using these new programs, and keep the input coming! </p>
https://www.uspto.gov/blog/director/entry/realignment_in_the_office_of
Realignment in the Office of the Commissioner for Patents Helps to Improve Efficiency
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2012-03-26T09:11:13-04:00
2012-03-26T09:11:13-04:00
<p><em>Guest blog by USPTO Commissioner for Patents Peggy Focarino</em></p>
<p>One of my challenges as Commissioner for Patents is providing my senior leadership team with the tools and flexibility they need to manage a productive and growing workforce. As the USPTO moves forward with implementing the America Invents Act and our Strategic Plan, we continue to invest heavily in organizational growth. In 2011 alone, the patent organization, which comprises nearly 70% of the USPTO’s more than 10,000 employees, hired over 800 new patent examiners. Substantial growth will also occur in 2012, as we are planning to hire 1,500 new patent examiners. This hiring initiative is the backbone of our goal to significantly reduce the backlog of patent applications and decrease the pendency to an average of ten months for first actions. </p>
<p>To manage the necessary increase of our workforce, I announced a realignment within the senior leadership team in the Office of the Commissioner for Patents. Specifically, three new deputy commissioner positions have been created in an effort to continue to build the strength of the senior leadership team and maximize their contributions. The new positions consist of a Deputy Commissioner for Patent Operations, a Deputy Commissioner for Patent Examination Policy, and a Deputy Commissioner for Patent Administration, to be filled by Andrew Faile, Drew Hirshfeld and Bruce Kisliuk, respectively. All three bring unique skills to their respective positions and form a strong and well-balanced team at the Deputy Commissioner level. </p>
<p>As the new Deputy Commissioner for Patent Operations, Andrew Faile will be responsible for all patent examining functions in the nine Patent Technology Centers, the Office of Patent Training and the Central Reexamination Unit. Andy was the Assistant Deputy Commissioner for Patent Operations for the Electrical Discipline and has over 20 years of experience in patent examining and operations management. He first joined the USPTO in 1989 as a patent examiner in the areas of cellular telephony, radio frequency communications, and cable television. In 1994, he earned an examiner master’s rating in telecommunications. Recently, Andy served on a joint management/union task force in charge of modernizing the examiner production system. He was awarded the Department of Commerce Silver Medal for his work on the task force.</p>
<p>Drew Hirshfeld will serve as the Deputy Commissioner for Patent Examination Policy. In his new position, Drew will be responsible for providing staff assistance in establishing patent examination policy standards for the Commissioner for Patents. The Deputy Commissioner for Patent Examination Policy will direct the activities of the USPTO’s Office of Petitions, Office of Patent Legal Administration, Office of Patent Cooperation Treaty Legal Administration, and the Office of Patent Quality Assurance. As the current Associate Commissioner for Patent Examination Policy, Drew is the authority on patent laws, rules, and examining practice and procedure. He joined the USPTO in 1994 as a patent examiner, became a supervisory patent examiner in 2001, and was promoted to the Senior Executive Service in 2008 as a Group Director in Technology Center 2100, Computer Architecture and Software. Drew has also served as the chief of staff to the Under Secretary of Commerce for Intellectual Property and Director of the USPTO.</p>
<p>The Deputy Commissioner for Patent Administration will be Bruce Kisliuk. This new position will act as a single point of oversight for resources and planning, information management and innovation development. Since 2008, Bruce has been the Assistant Deputy Commissioner for Patent Operations for Mechanical and Chemical Disciplines. He joined the USPTO in 1983 after working as an engineer for the Gulf Oil Corporation. In 1993, Bruce received the Department of Commerce Bronze Medal for individual achievement. In addition, he has also been a member of two different teams that received the Department of Commerce Silver Medal for Nanotechnology-related Patent Examining Initiatives (2007) and Patent Examiner Count System Initiatives (2010).</p>
<p>I am looking forward to working with Andy, Drew and Bruce as we continue to move forward in implementing our Strategic Plan. Each of them possesses the expertise necessary to lead a growing and dynamic patent organization in the 21st century. With its new leadership alignment, the USPTO will be well-positioned to meet its strategic goals and ensure that American innovation thrives.</p>
https://www.uspto.gov/blog/director/entry/recruiting_for_innovation
Recruiting for Innovation
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2012-03-22T09:53:40-04:00
2012-03-23T05:17:41-04:00
<p><em>Guest Blog by USPTO Chief Administrative Officer Patricia Richter</em></p>
<p>USPTO is on the move. The enactment of the Leahy-Smith America Invents Act has allowed the USPTO to launch several transformative initiatives that are not only making it easier for businesses to navigate the patenting and trademark processes—but also helping the U.S. usher groundbreaking innovations to the marketplace, faster. Inherent in the realization of this goal is our ability to attract and retain top talent. <br /> <br />The agency is actively seeking exceptional individuals for patent examiner positions. We’re looking for individuals who hold (or will within the next 12 months) engineering and science degrees in a variety of disciplines. We are also seeking candidates who have accredited state law degrees and experience with intellectual property law. As we all know, a career as a patent examiner at the USPTO is one where we can—quite literally—imagine the possibilities. We represent one of the world’s largest and most sought-after patent systems, conducting research and interacting with applicants who are working on inventive, modern breakthroughs. And we offer a benefits package that is highly competitive with strong salaries, promotion potential, and access to bonus programs, paid overtime, top notch healthcare and retirement plans. Furthermore, we frequently hear positive comments on the work/life balance we achieve here, with access to telework, alternative work schedules, world-class fitness centers and onsite childcare—elements that are hard to put a price on.</p>
<p>Meanwhile, the agency has a goal to hire 10 percent of its total recruits from our nation’s veteran and transitioning military servicemember population. Veterans who transition into the civilian workforce have a strong track record of success at USPTO, with robust training and instruction and access to a USPTO Military Association made up of individuals who can help mentor you as you grow. </p>
<p>Additionally, we’re excited to open our first satellite office in Detroit, Michigan in July of this year. This is a great opportunity for new patent examiners to be a pioneering presence in the heart of America’s manufacturing sector. (Don't forget our <a href="http://www.usptocareers.gov/Pages/PEPositions/Events.aspx#detroit">Open House event in Detroit</a> this Saturday!) While the big recruitment push is focused primarily on patent examiners, there are other exciting opportunities for IT professionals, trademark attorneys, and administrative patent judges, just to name a few.</p>
<p>Just like in our daily, mission-related work, we’re looking for ways to be innovative in our recruitment efforts as well. If you have ideas on how we can more effectively target exceptional candidates, we’d love to know. Please share them in the comments section below. And you can learn more about a career with the USPTO and see our job vacancies at <a href="http://www.usptocareers.gov/">USPTOcareers.gov</a>.</p>
https://www.uspto.gov/blog/director/entry/an_efficient_ip_system_that
Increased Fees v. Operational Efficiencies
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2012-03-20T10:16:12-04:00
2013-02-22T07:21:42-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Returning to our series on America Invents Act (AIA) implementation, I’d like to focus today on an aspect of USPTO fee-setting. During a number of our recent outreach events on the USPTO’s fee-setting proposal, some stakeholders have taken the view—to caricature it slightly—that the USPTO does not need to increase fees; it needs to get more efficient.</p>
<p>We could not agree more on the importance of improving efficiency at the USPTO. During the last three years, we have made many improvements aimed squarely at improving efficiency. To name a few, we’ve implemented a new count system, revised examiner performance plans, established a first action interview pilot, provided training and incentives to substantially increase interviews overall, instituted the <a href="http://www.uspto.gov/patents/ombudsman.jsp">Patents Ombudsman Program</a>, reengineered our <a href="http://www.uspto.gov/patents/init_events/pct/index.jsp">Patent Cooperation Treaty</a> processing, reengineered our reexamination processing, introduced important IT improvements including e-petitions, a reengineered MPEP/TMEP, and modern computing platforms, as well as expanded our <a href="http://www.uspto.gov/patents/init_events/pph/index.jsp">Patent Prosecution Highway</a> and other work-sharing programs to avoid duplication of efforts with international IP offices.</p>
<p>And we have much more coming. Many additional process improvements have been identified through our patents reengineering effort, with work already underway to improve legacy IT systems and develop new 21st century systems and processes. These improvements, coupled with the efficiency elements of the AIA such as Track One accelerated examination, will assure continued efficiency gains into the future. In fact, we will never be done looking for ways to improve efficiency, and we will never be complacent about our efficiency.</p>
<p>But attempting to draw a corollary between fee-setting and speculation about the possible impact of potential future efficiency gains is difficult without the benefit of hindsight. As we have outlined in our fee proposal, our fees must be set in a manner that enables us to continue investing in reducing the backlog and improving all other areas of our agency. Our experience also reminds us that implementing improvements frequently causes short term disruptions, and likely won't immediately translate into efficiencies. Anyone who runs a business will tell you that productivity investments often take years to pay off.</p>
<p>Moreover, my judgment as the steward of this agency is that I cannot proceed with a funding model that assumes further efficiency gains, especially if we have not yet achieved them. It places our agency at risk, and is just not right for our employees or for our stakeholders.</p>
<p>The responsible approach is to rely on our experience and current cost model, factoring in the efficiency gains we have achieved to date, but not speculating about possible future gains. This approach of using current costs as a basis for setting prices is the common practice among businesses, and follows the sound advice of the accounting, finance, and economics professions. </p>
<p>Then the question becomes the one asked in our fee proposal: does the U.S. innovation community want us to continue investing to quickly reduce the backlog and fully capture the promise of the AIA, or does it want us to back off a bit and accept a longer trajectory to reducing the backlog, and a higher level of risk relative to future funding downturns? The answer will ultimately have consequences for the kinds of efficiencies the agency is able to realize in the future, and what level of services the USPTO can deliver in years to come.</p>
https://www.uspto.gov/blog/director/entry/national_export_initiative_second_anniversary
National Export Initiative Second Anniversary
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2012-03-12T12:34:36-04:00
2013-02-22T07:21:29-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>This week marks the second anniversary of the <a href="http://export.gov/nei/index.asp">National Export Initiative</a> (NEI), established by President Obama with the ambitious goal of doubling U.S. exports by 2014. The United States Patent and Trademark Office plays an important role in three of the initiative’s central efforts: removing barriers for American businesses and expanding their access to foreign markets, providing global education and training to better enforce trade rules, and promoting trade and exports.</p>
<p><strong>Removing Barriers and Expanding Access</strong></p>
<p>The USPTO has worked hard to reduce the amount of time it takes to get a new product or technology from the lab to the market, where it can spawn new industries, generate sales, and create new jobs. An important part of that process takes place at the USPTO, where examiners study the novelty of patent applications to ensure that a proposed intellectual property (IP) is suitably unique and therefore demands the legal protection of a U.S. patent. Since the establishment of the NEI, our agency has implemented several major initiatives to make that examination process faster and more efficient: </p><blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>1) Following passage of the America Invents Act, the USPTO began an accelerated examination program known as Track One that allows businesses of all sizes to bring their technologies to the marketplace faster and more efficiently than ever before—offering decisions on patent applications in under 12 months, and 50% discounts for small enterprises using the option. Since its inception we’ve received 2,311 patent applications and more than 713 entrepreneurs have taken advantage of those discounts. During that time we completed 1,196 first office actions in an average of 35.8 days and issued a total of 14 completed patents.</p>
<p>2) The First Action Interview program encourages applicants to meet with examiners earlier on to work through potential issues and bring greater certainty to a product’s IP rights. To date about 2,900 innovators have benefitted from this kind of direct communication with the USPTO. The “first action allowance rate” (the average rate of applications initially determined to be patentable) for those who use the program is 24.9%, a significant improvement over the 11% chance for applicants not using the program and a strong boost to getting new ideas and innovations into development and the marketplace.</p>
<p>3) Under our Green Tech pilot program, nearly 3,500 patent applications addressing 21st-century energy and environmental challenges were fast-tracked and reviewed in about 10 months. With about 890 U.S. patents issued to date, the program is an important step forward in expanding our “green-collar” economy—one of President Obama’s signature goals—and making the United States a responsible world citizen and exporter of renewable energy technologies. </p>
<p>4) Additionally, a series of international work-sharing agreements called the <a href="http://www.uspto.gov/patents/init_events/pph/index.jsp">Patent Prosecution Highway</a> has helped more than 9,300 patent applications receive IP protections in 22 different countries—faster and at a lower cost. This kind of international collaboration is especially important in breaking down the legal barriers that exist for smaller companies trying to export their products into a global economy.</p></blockquote>
<p><strong>Education and Training on Enforcement of Trade Rules</strong></p>
<p>The USPTO places a high priority on the effective enforcement of IP rights throughout the world and is working to enforce global trade rules on a number of fronts. Through our IP Attaché Program we have placed seven IP attachés in U.S. embassies throughout the world—two in Geneva, one in Thailand, one in Brazil, one in India and two in China—to improve regional IP enforcement efforts for American businesses competing abroad. The Attachés have worked to introduce legislation in countries to strengthen criminal IP laws and have ensured that governments maintain patent protection for certain inventions in U.S.-heavy export areas. The ongoing implementation of country-specific action plans by our IP Attachés is a key step towards the NEI’s goal of enforcing trade rules.</p>
<p>The USPTO also initiated the <a href="http://www.uspto.gov/ip/global/stopfakes.jsp">Strategy for Targeting Organized Piracy</a> (STOP). In addition to targeting the criminal enterprises responsible for counterfeiting and piracy, STOP assists U.S. businesses in recognizing, protecting, and enforcing their IP rights abroad through a one-stop hotline and resource center, and through numerous outreach and education events. </p>
<p>We are also working with counterpart offices in Europe and Japan on the Trilateral Identification Project, a harmonized system that simplifies the process for obtaining trademark registrations in multiple jurisdictions and makes it easier for businesses to protect their brands worldwide. To date there are about 13,000 entries, with approximately 50 to 100 new entries added per month. The Russian Federation, South Korea, Mexico, the Philippines, Canada, and Singapore have all recently signed on to the project. By creating greater consistency in trademark registration practices, this USPTO-led effort is helping promote a set of international “best-practices” for regulating trademark law and reduces the threat of “copycat brands” that imitate American products.</p>
<p>In addition, we are establishing an Enforcement Working Group to increase inter-departmental collaboration in effectively enforcing trade rules abroad. And by partnering with the International Trade Administration (ITA), we’re helping build a set of metrics that tracks how effectively trade rules are being followed abroad, and collaborating to implement programs that protect IP for American businesses while facilitating their expansion into foreign markets.</p>
<p><strong>Promoting Trade</strong></p>
<p>To promote trade, the USPTO operates a number of training programs to bring awareness and tools to businesses seeking to engage overseas markets. Through the Trademark Assistance Center we provide general information about the U.S. trademark registration process and respond to inquiries about the status of trademark applications and registrations abroad. And in 2012, our agency is instituting an initiative to educate Minority Business Development Agency Centers through 15 outreach events that train businesses on how to navigate the IP terrain in China—with the goal of helping minority American businesses get their products into the fastest-growing consumer market in the world.</p>
<p>What does this litany of programs mean to American citizens and taxpayers who are not inventors or entrepreneurs? It means that the USPTO—one of only two fee-funded agencies in the U.S. governmentis delivering real and measurable results in our economic recovery. Exporting the fruits of American innovation from the lab to the global marketplace faster, more efficiently and with greater clarity means more new products, more profits for entrepreneurs, and more employees they can afford to hire. At the same time, stronger protection for their brands and products overseas multiplies the effect—more profits, more jobs, and more economic growth.</p>
<p>The NEI is an ambitious and epic undertaking worthy of our nation’s greatness, and the men and women of the USPTO are working hard on behalf of U.S. citizens to make sure it succeeds—and succeed it will. </p>
https://www.uspto.gov/blog/director/entry/comparing_uspto_s_new_post
Comparing USPTO's New Post-Grant Processes and Associated Costs to EPO's
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2012-03-08T07:26:17-05:00
2013-02-22T07:21:19-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>This is the first in a series of blogs we'll use to explore aspects of USPTO's proposed rules implementing the America Invents Act (AIA). We'll focus on aspects of our proposed rules that have attracted questions during our recent roadshows and other outreach efforts.</p>
<p>This first installment will consider our new post-grant review system. Some practitioners have raised a legitimate question: Why will the new post-grant procedures mandated by the AIA cost parties more than European Patent Office (EPO) oppositions? While the new U.S. post-grant processes and the existing EPO opposition procedure (which has a first-stage in the Opposition Division and a second-stage before the Appeals Board) are each “post-grant processes,” there are a number of important, fundamental differences. And these differences, in turn, drive major differences in cost.</p>
<p>But before getting to comparisons/contrasts, it is important to note that this blog is not about declaring that the new U.S. system is either better or worse than European opposition practice. It is just different. And the EPO opposition system does an excellent job, well-suited to the policy objectives and practice environment in which it operates. </p>
<p>Generally, EPO opposition (both stages) is akin to a second, participatory, after-grant examination, whereas U.S. post-grant processes are more similar to litigation than examination. The fundamental differences, which arise from the presence of this litigation characteristic in AIA proceedings, include, for example, who it is that conducts the proceeding and the final effect of the decision. </p>
<p>Specifically, EPO oppositions are conducted by specially appointed examiners; do not allow for discovery; and no estoppel is imposed after an unsuccessful challenge. In contrast, U.S. AIA post-grant processes will be conducted by patent judges, who will officiate over processes with substantial discovery, with estoppels to be imposed upon final written decisions. <br /> <br />Moreover, EPO proceedings operate on a much different time scale than Congress has mandated for U.S. AIA post-grant proceedings. For example, it is our understanding that the first stage EPO proceedings typically take 18 months to three years for an orally-announced decision, after which parties can wait another six months for written decisions. An appeal within the EPO adds another two to three years to the overall pendency of a proceeding. In contrast, the AIA requires the USPTO to promulgate rules to ensure that U.S. post-grant processes are concluded within one year of institution, with up to six additional months for good cause. And we are trying hard to design our USPTO rules implementing AIA to ensure virtually all of our post-grant processes complete within that one year period.<br /> <br />Unsurprisingly, very different processes lead to very different cost structures. As to the fees charged to request a post-grant proceeding, the proposed fees for the U.S. post-grant proceedings are substantially higher than those charged for EPO oppositions. This in part reflects the very different nature of the processes -- it will cost more to run the process required by the AIA.</p>
<p>But it also reflects a policy preference. While EPO oppositions are subsidized, the proposed U.S. fees reflect a cost-recovery model charged directly to the requestor, without utilizing subsidies paid by patent applicants or other service requestors. This is no accident -- it is intended to implement the statutory language stating that post-grant process fees will be established with reference to the cost of conducting the processes. Congress chose to use this language uniquely for the post-grant provisions of AIA. While it does not on its face require us to charge at a strict cost-recovery level, clearly it was meant to guide USPTO in determining where to set our applicable fees.</p>
<p>So, the new U.S. post-grant procedures are quite different from Europe's opposition procedure; and our policy backdrop is different; so our fee proposals are different. But, as with all of our fee proposals, we are eager for input from our stakeholders, and take seriously the questions practitioners have raised regarding how we arrived at the cost recovery figures we have published. So keep the comments coming, and we will do our best to finally set fees as fairly as possible to all users of the U.S. patent system. </p>
https://www.uspto.gov/blog/director/entry/policy_and_external_affairs_dashboard
Policy and External Affairs Dashboard Overview
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2012-03-06T11:52:23-05:00
2012-03-06T11:52:23-05:00
<p><em>Guest blog by Acting Administrator for Policy and External Affairs Shira Perlmutter</em></p>
<p>Recently I joined the USPTO as Acting Administrator for Policy and External Affairs. In this role I lead the <a href="http://www.uspto.gov/ip/global/index.jsp">Office of Policy and External Affairs</a> (OPEA) and serve as a policy advisor to Director Kappos and Deputy Director Rea on all domestic and international IP policy-related issues. OPEA addresses a broad range of policy matters that include congressional leadership and legislative engagement, economic analysis, administration of the IP Attaché Program, as well as education and training, as carried out under the <a href="http://www.uspto.gov/ip/training/index.jsp">Global Intellectual Property Academy</a> (GIPA). </p>
<p>In keeping with the USPTO’s tradition of information sharing and transparency, I am delighted to share our first quarter statistics for FY 2012 on the <a href="http://www.uspto.gov/dashboards/externalaffairs/">Policy and External Affairs dashboard</a>. Important metrics we track regarding international worksharing and global outreach include the number of cases filed under the <a href="http://www.uspto.gov/patents/init_events/pph/index.jsp">Patent Prosecution Highway</a> (PPH) and the USPTO Patent Cooperation Treaty – Patent Prosecution Highway (PCT-PPH), as well as the number of programs conducted, officials trained, and countries represented in GIPA. </p>
<p>Because we believe collaboration with other countries results in more efficient global intellectual property systems, we are strong proponents of worksharing initiatives to help address global patent backlogs. During this first quarter of 2012, the cumulative number of all PPH requests filed with the USPTO reached 8,976 cases.</p>
<p>Educational programs are also instrumental in our efforts to strengthen intellectual property protection and enforcement worldwide. Through GIPA programs, foreign officials discuss international IP obligations and norms, and study the U.S. model of protecting and enforcing IP rights in a collaborative learning environment. Last quarter, GIPA conducted 47 training programs for 2,142 participants from 45 countries.</p>
<p>Having just wrapped up my first months with OPEA, I am impressed by the wealth of expertise this office provides on an array of diverse domestic and international IP issues. I look forward to working with USPTO leadership and stakeholders in our efforts to advance today’s critical IP policy priorities, and I welcome your thoughts and comments.</p>
https://www.uspto.gov/blog/director/entry/january_patents_dashboard_review
January Patents Dashboard Review
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2012-03-05T11:30:44-05:00
2012-03-05T11:30:44-05:00
<p><em>Guest blog by USPTO Commissioner for Patents Peggy Focarino</em></p>
<p>The Patents Dashboard for the month of January has been released and <a href="http://www.uspto.gov/dashboards/patents/">is posted on our website</a> and I am pleased to report on our status.</p>
<p><strong>First Office Action Pendency</strong> continued to decrease from an average of 23.6 months in December to 22.8 months in January. Additionally, the <strong>Unexamined Patent Application Backlog</strong> decreased from 662,457 to 657,378 over the same period. These trends appear to be partly the result of success through our continuing <strong>Clearing the Oldest Patent Applications</strong> (COPA) initiative, which was implemented in fiscal year 2011. </p>
<p>Our success at reducing the backlog of oldest cases did contribute to a minimal increase in <strong>Traditional Total Pendency</strong>, from an average of 33.8 months in December to 33.9 months in January, but we expect this to be temporary. </p>
<p>At the same time, our focus on high-quality patent examination continues to show positive results. The <strong>Quality Composite Score</strong>, which is composed of seven individual metrics all shown on the Dashboard, has increased from 35.2 in December to 43.9 in January.</p>
<p>Furthermore, FY 2012 cumulative <strong>Actions per Disposal</strong> through January were 2.53. This rate is slightly higher than the FY 2011 rate (2.51), but remains under the high of 2.91 for FY 2008. The cumulative fiscal year <strong>Utility, Plant, and Reissue (UPR) Allowance Rate</strong> in January was 49%, a 3.8% increase from this time last year. This increase is promising considering the efforts we have taken to further encourage cooperation between patent examiners and applicants on compact prosecution and early issue resolution.</p>
<p>This month, I would also like to highlight the <strong>Forward-Looking First Action Pendency</strong> metric. This metric is an estimate of the average number of months it would take, for an application filed at a given date, to receive a first office action under current and projected workloads. In January, the estimate was 17.1 months, which is a decrease from 17.5 months in December. This positive trend reflects a combination of efforts at all levels of the organization, and we hope see it continue. Applicants and practitioners can use this metric to get an idea of when they can expect a first office action to be issued if they file a case at that given time. This number is considerably lower than our current <strong>First Action Pendency</strong> and is good gauge of where we are going in the future.</p>
<p>I am very proud of the progress we are making towards our Strategic Plan goals to reduce patent pendency and the backlog of unexamined patent applications. I look forward to sharing more of our success in the future and, as always, welcome your comments.</p>
https://www.uspto.gov/blog/director/entry/in_celebration_of_women_entrepreneurs
In Celebration of Women Entrepreneurs
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2012-02-29T12:34:44-05:00
2012-03-01T06:17:20-05:00
<p><em>Guest blog by Deputy Director Teresa Stanek Rea</em></p>
<p>It was about one year ago that I was appointed Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO). When I started working here last March one of my first charges was to give opening remarks at the 1st Annual Women’s Entrepreneurship Symposium co-hosted by the USPTO and the United States Women's Chamber of Commerce (USWCC). At the event, I had the pleasure of meeting <a href="http://landrieu.senate.gov/">U.S. Senator Mary L. Landrieu (D-La.)</a>, chair of the Senate’s Small Business Committee, who served as the symposium’s keynote speaker. What an amazing way to begin my journey here at the USPTO!</p>
<p>Now, one year later, I am excited to be able to blog about some of the special activities that are happening for Women’s History Month this year. To kick off the month, the USPTO and the <a href="http://www.nwbc.gov/">National Women’s Business Council</a> (NWBC) will be paying tribute to women whose ingenuity and inventions have improved our lives. "Women Entrepreneurs: Celebrating the Past, Inventing the Future," is being held March 1 in the USPTO’s Madison building auditorium in Alexandria, Va., and is open to the public. The event will highlight the passage of the America Invents Act and one provision specifically that allows the USPTO to begin tracking the gender of patent applicants.</p>
<p>Tracking the gender of patent applicants is of particular interest to NWBC, because they recently commissioned a comprehensive study on women who applied for and received patents or trademarks over the last 35 years. <a href="http://nwbc.gov/news/more-women-obtaining-patents-trademarks-recent-years">The results of this study</a> will be released at the March 1 event, but preliminary findings already indicate that the number of women obtaining patents has accelerated in recent years. The largest spike came in 2010, when 22,984 patents were granted to women, a 35 percent jump over the previous year.</p>
<p>Meanwhile, a new exhibit will be opening from our friends from the <a href="http://www.invent.org/hall_of_fame/1_0_0_hall_of_fame.asp">National Inventor’s Hall of Fame</a> (NIHF) on “Feminine Ingenuity – How Women Inventors are Changing our World.” The exhibit highlights how women inventors have changed our world. It features 19 women inductees of the NIHF and their significant innovations that have changed the way we work and live.</p>
<p>Later in the month in Shreveport, Louisiana, the USPTO will sponsor its 2nd Annual Women’s Entrepreneur Symposium. The symposium provides opportunity to learn about patents and trademarks, get tips from experienced inventors, as well as gather important information on how to start or grow a business in the 21st century. It will focus on women entrepreneurs, the importance of IP protection for their innovations, and how to leverage economic opportunities for women-owned businesses. Agenda topics will include IP in the global marketplace, strategies to leverage IP assets, accessing financial resources, driving business growth by leveraging business relationships, and federal contracting. The conference will be held March 25 - 26 and Senator Landrieu will participate once again. </p>
<p>There are also more intimate events that may be of interest to you. On March 3, the USPTO is partnering with the Smithsonian Institution to present a Family Day program entitled “Women’s History Month: A Celebration of Innovation and Invention.” The program will be held in the Kogod Courtyard of the National Portrait Gallery, the building that once was the home of the USPTO, and will feature musical performances, historical interpretations, and an inventors’ corner with hands-on art, science, and engineering activities. </p>
<p>On March 10, the USPTO will host a panel discussion of the Girl Scout Research Institute Generation STEM (science, technology, engineering, and mathematics) <a href="http://www.girlscouts.org/research/pdf/generation_stem_full_report.pdf">report</a> that was released in February. We are doing this in collaboration with the Girl Scout Council of the Nation’s Capital and the Mid Atlantic Girls Collaborative (MAGIC) organization. The event will include volunteers, leaders, teen girls, community partners, and others in the GSUSA STEM network. And on March 12, the 100th anniversary of Girl Scouts, two local Brownie troops will be coming to the museum and the USPTO for a visit to see the Women’s History Month display and conduct an experiment in connection with earning their Inventor’s Badge. </p>
<p>It should be an exciting month at the USPTO and as a scientist and a patent attorney, I am glad to see all these activities celebrating women involved in STEM activities. I hope you will join me in celebrating Women’s History Month.</p>
https://www.uspto.gov/blog/director/entry/supporting_ip_a_global_challenge
Supporting IP: A Global Challenge and Responsibility
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2012-02-24T09:17:51-05:00
2012-02-24T09:17:51-05:00
<p><em>Guest blog by Deputy Director Teresa Stanek Rea</em></p>
<p>As some of you may know, USPTO’s responsibilities under the American Inventor’s Protection Act (AIPA) include advising the president and other federal agencies on international intellectual property matters. AIPA also empowers USPTO to conduct programs and exchanges regarding international intellectual property law. With a population of approximately 1.2 billion and an economy that grew more than 7% last year, India is an exciting place for U.S. companies to do business. So to further USPTO’s international role, last month I addressed audiences of Indian government officials, industry and academia.</p>
<p>After a bit of rest from a 14-hour flight and getting used to the time difference, I delivered a keynote address at the Global Intellectual Property Convention (GIPC) and then a lecture at Delhi University Law School on the America Invents Act (AIA). As with previous trips, I used my time abroad to spread the word on how the AIA has brought the U.S. patent system into the 21<sup>st</sup> century by, among other things, encouraging innovation and job creation, improving patent quality, and reducing backlogs. Our office hopes that by spreading the word on the benefits of AIA, we can encourage countries like India to include a micro entity fee and other provisions similar to the AIA in their own patent act, which will benefit U.S. applicants.</p>
<p>Not only did I have the opportunity to educate Indians on AIA, but I also delivered a presentation on the Patent Prosecution Highway (PPH) at the GIPC. The presentation explained the PPH and its benefits, and it was well received by the audience.</p>
<p>I also took this opportunity to meet with the Indian Patent Office and Indian practitioners to discuss compulsory licensing. This topic is of great interest to U.S. companies and the Indian government is considering whether to grant one or more compulsory licenses to Indian companies. The United States believes that compulsory licenses should only be granted in the rarest of circumstances. We also believe that the patent provides strong incentives for innovation.</p>
<p>While copyright is typically not my realm of expertise, as the Deputy Under Secretary of Commerce for Intellectual Property, I have a responsibility to inform, educate and advise on all forms of intellectual property, so while in New Delhi, we met with the Indian Copyright Registrar to discuss India’s draft copyright bill. We are hoping to see the passage of an Indian copyright bill that will implement the WIPO Internet Treaties in order to adapt Indian copyright law to the digital age.<br />Of interest to examiners would be enhanced cooperation on India’s Traditional Knowledge Digital Library (TKDL). I met with the Indian Counsel of Scientific and Industrial Research (CSIR) to discuss expanding the use of TKDL, a database of traditional knowledge that the Indian government has made available to USPTO patent examiners. We plan to host several CSIR trainers at USPTO this spring to discuss the TKDL with examiners and other agency staff.</p>
<p>The trip allowed me to exchange information about the U.S. and Indian IP systems and to reinforce USPTO’s strong interest in working with the government of India to achieve mutually beneficial goals through strong intellectual property regimes.</p>
https://www.uspto.gov/blog/director/entry/finding_america_s_top_innovators
Finding America's Top Innovators
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2012-02-17T12:12:27-05:00
2013-02-22T07:20:54-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Throughout history, innovation has been the driving force behind improving the human condition. Creative minds in areas as diverse as medicine, transportation, agriculture, energy and computer science have developed and delivered new technologies to better the lives of generation after generation.</p>
<p>The United States, in its law and culture, has recognized the importance of innovation from its earliest days. The Constitution directly emphasizes the promotion of “science and useful arts.” New and advanced technologies are a source of national pride, and innovators are honored for their achievements.</p>
<p>Since 1985, presidents of the United States have formally recognized America’s creative pioneers by awarding them the National Medal of Technology and Innovation, the highest honor that can be attained for making contributions to America's competitiveness, standard of living, and quality of life through advances in what the Framers called “the useful arts.”</p>
<p>Steve Wozniak, who, with Steve Jobs, was awarded one of the first Medals, had this to say of the honor: <em>“The National Medal of Technology hits at the sort of science and development that really changes life for Americans. It represents not only great scientific breakthroughs in technology areas (and a great deal of sweat) but also the importance of such breakthroughs in an economic sense. These are the technologies that really change how we live and lead to higher quality lives.”</em></p>
<p>In keeping with this tradition of recognition, and to encourage future progress, the USPTO now seeks nominations for the 2012 National Medal of Technology and Innovation. Nominees will be judged on the basis of how their contributions to the nation’s economic, environmental and social well-being have advanced the development and commercialization of technological products, processes and concepts, technological innovation, and the strengthening of the nation’s technological work force. </p>
<p>Anyone can make a nomination for the National Medal of Technology and Innovation by submitting the nomination form and six letters of support at <a href="http://www.uspto.gov/about/nmti/guidelines.jsp">www.uspto.gov/about/nmti/guidelines.jsp</a>. However, the deadline is fast approaching; nominations will close on March 31, 2012.</p>
https://www.uspto.gov/blog/director/entry/in_celebration_of_black_history
In Celebration of Black History
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2012-02-13T04:15:25-05:00
2013-02-22T07:20:40-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Every year, Black History Month provides a golden opportunity for employees of the United States Patent and Trademark Office to remember and honor the invaluable contributions African-Americans have made, and continue to make, to the success of the American Experiment—the proposition, to use President Lincoln’s famous words, “that government of the people, by the people, for the people, shall not perish from the earth.” </p>
<p>Among those to whom we owe our nation’s success are a number of innovative African-Americans who distinguished themselves in the field of intellectual property, even before the American Civil War and Emancipation. Although slaves were prohibited from receiving patents on their inventions in the antebellum period, free black inventors were not. Thomas L. Jennings, born in 1791, was 30 when he received a patent for a dry-cleaning process, making him what historians believe was the first black inventor to receive a patent. Jennings’s income went mostly to his abolitionist activities, and in 1831 he became assistant secretary for the First Annual Convention of the People of Color in Philadelphia. </p>
<p>Judy W. Reed patented a hand-operated machine for kneading and rolling dough. She was the first known African-American woman to obtain a patent. Granville T. Woods invented more than a dozen devices to improve electric railway cars and many more for controlling the flow of electricity. George Washington Carver developed about 100 products made from peanuts, including cosmetics, dyes, paints, plastics, gasoline, and nitroglycerin. Madame C. J. Walker and Marjorie Joyner revolutionized the hair care and cosmetics industry through their innovations.</p>
<p>Since the 1830s, when Anthony Bowen became the first black patent clerk, thousands of African-Americans have served at the USPTO, including Henry Baker, an assistant patent examiner who was dedicated to uncovering and publicizing the contributions of black inventors. Around 1900, the patent office conducted a survey to gather information about black inventors and their inventions. Letters were sent to patent attorneys, company presidents, newspaper editors, and prominent African-Americans. Baker recorded the replies and his research provided the information used to select black inventions for exhibition at the World’s Fair in Chicago and the Southern Exposition in Atlanta. </p>
<p>Today, approximately 22 percent of USPTO employees are African-American. Sometime this year the USPTO will cross an historic threshold, employing more than 1,000 African-American scientists and engineers. </p>
<p>One of these truly exceptional employees is Patricia Carter Sluby: a freelance writer, registered patent agent, lecturer, past president of the National Intellectual Property Law Association, and a former primary patent examiner. She received a Bachelor of Science in chemistry from Virginia Union University, pursued graduate studies at Fisk and American universities, and worked as a chemist at the Radiocarbon Dating Laboratory of the U.S. Geological Survey before becoming a patent examiner in the fields of chemistry and chemical engineering. From 1979 to 1980, while Patricia was a Science and Technology Fellow for the Commerce Department, she drafted a bill (H.R. 6735) on the staff of the U.S. House of Representatives’ Domestic Monetary Policy Subcommittee. She was also a technical advisor on the independent film, <em>From Dreams to Reality: A Tribute to Minority Inventors</em>, and has received numerous awards, including the Norbert Rillieux Presidential Award from the National Patent Law Association, the Employee of the Year award from the Commerce Department for her outstanding contributions to Minority Enterprise, the USPTO’s Equal Employment Opportunity Award, and the Bronze Medal Award for superior government service.</p>
<p>As a primary patent examiner, Patricia was surprised to learn of the contributions and improvements that African-American inventions have made in every field of endeavor, and of their ubiquitous impact on our way of life. Her books—<em>The Inventive Spirit of African Americans: Patented Ingenuity</em> and <em>Creativity and Inventions: The Genius of Afro-Americans and Women in the United States and Their Patents</em>—chronicle these accomplishments and pay homage to the inventive spirit, creativity, and entrepreneurship of countless African-Americans.</p>
<p>Last Thursday, thanks to the superb efforts of the USPTO's Black History Month Planning Committee, our staff celebrated the achievements of remarkable African-American women like Madame C.J. Walker, Zora Neal Hurston, Gwendolyn Brooks, Bessie Coleman and, of course, Rosa Parks, all of whom played such an immensely important role in American history and culture. Innovation and greatness cannot happen without a firm and principled commitment to diversity and opportunity—a self-evident truth for the USPTO, as well as our nation.</p>
https://www.uspto.gov/blog/director/entry/patents_for_humanity
Patents for Humanity
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2012-02-08T08:36:27-05:00
2013-02-22T07:20:27-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Sweeping revolutions in technology continue to fundamentally redefine the way we connect with one another and interact with the world. Today, an entrepreneur can do business with a remote village across an ocean just as quickly as a student in Boston can video-conference with a professor in Beijing. Political rallies can be organized by the click of a button, while gripping images of that rally can be shared across continents with a cell phone.</p>
<p>And while an ever-shrinking and increasingly interconnected world allows technologies and information to spread in unprecedented ways, it also reminds us of the unique challenges we face as a planet. That’s why the United States Patent and Trademark Office, during a global development event today at the White House, announced the <a href="http://www.uspto.gov/patents/init_events/patents_for_humanity.jsp"><em>Patents for Humanity</em> pilot program</a>. Because while 21st century challenges are global in scope, so too are their solutions.<br /> <br />By building smarter irrigation systems in towns plagued by drought, by delivering cost-effective medicinal vaccines to communities without hospitals, and by engineering weather-resistant crop strains to farms ravaged by natural disasters, patented inventions have the power to create lasting solutions for some of the most serious issues confronting the world’s poorest and underserved regions. By offering strong incentives for businesses of all sizes to engage in these humanitarian efforts, <em>Patents for Humanity</em> encourages up to 1,000 applicants to demonstrate how their patented, or patent-pending technologies, are advancing research and results in four categories: Medical Technology, Food and Nutrition, Clean Technology, and Information Technology.<br /> <br />Judges selected from academia for their expertise in these fields will review applications and recommend winners, and up to 50 awardees will receive certificates for accelerated patent processing at the USPTO—a powerful tool for helping businesses validate their technology and resolve investment decisions more quickly. Not only will the faster processing help technologists move solutions to the marketplace faster; it will also demonstrate that humanitarian endeavors and smart economic growth can work hand in hand. </p>
<p>By harnessing the power of science and technology with research and development, <em>Patents for Humanity</em> plays a key role in advancing President Obama’s global development agenda. By collaborating with parts of the world in ways unimaginable just a few years ago, and by unleashing broader prosperity in emerging economies, this important new USPTO initiative demonstrates that the power to innovate is the power to lead, by design and by solution.</p>
https://www.uspto.gov/blog/director/entry/no_time_for_gridlock_at
No Time for Gridlock at USPTO
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2012-01-26T09:08:47-05:00
2013-02-22T07:21:06-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>In an era where bitter partisan divide can often inhibit action in Washington, one need look no further than the United States patent system to observe how government can work to provide real and meaningful results for Americans. Since the enactment of the <em>Leahy-Smith America Invents Act</em>—bipartisan legislation signed into law by President Obama last September—USPTO in cooperation with our stakeholder community has been launching transformative initiatives to improve the way Americans innovate, and the way the USPTO handles those innovations. And before the ink of the President's signature had even dried, we hit the ground running in rebuilding our intellectual property system from the ground up. <br /> <br />We have already implemented seven provisions of this huge federal legislation—all on time—and we are in the process of getting draft rules out for ten more right now. We're building out a dynamic IT infrastructure and we've been hiring more examiners to aggressively tackle our patent backlog. We've submitted two studies to Congress, analyzing rights available to manufacturers (prior user rights) and international protections for small businesses. And just yesterday, I joined Chief Judge Randall Rader of the Court of Appeals for the Federal Circuit and Chief Judge James Smith of the Board of Patent Appeals and Interferences to welcome 14 new administrative jurists to the Board. These new judges will help the Office aggressively tackle the backlog of appeals waiting at our Board.</p>
<p>More generally, our Board will be instrumental in shaping a new in-house review process for challenging granted patents—a process that is much faster and less expensive than litigation. For both our post-grant review process and our <em>inter partes</em> review process, we’re building state of the art procedures that will balance the interests of third party challengers and patent owners—all within a 12-month time frame.</p>
<p>We have also launched an examination acceleration program (Track I) that is allowing patent applications to be reviewed in 12 months, and offers small businesses a discount on this service. We have already started putting out office actions and even issuing patents under Track I, which is enabling new technologies, new industries and new markets to blossom quicker than ever before. And we’ve pushed our unexamined patent application backlog down to about 660,000.</p>
<p>Our Trademarks team continues to perform at world-best level, handling record numbers of new applications last year, launching a 21<sup>st</sup> century total quality program that would keep pace with any private sector equivalent, and serving as voice and conduit for US brand-owners small and large, west and east, south and north.</p>
<p>This is action. These are results. The growing, dedicated, professional staff of the USPTO is unquestionably productive and is meeting the challenges before us. Yes, there is much left to do and many challenges ahead. But I simply can’t stress enough that the USPTO is on the move. Even in an era of partisan rifts, government can and is working to advance American industry and American ingenuity.</p>
https://www.uspto.gov/blog/director/entry/remarkable_performance_results_in_trademarks
Remarkable Performance Results in Trademarks
$entry.creator.screenName
2012-01-20T11:02:56-05:00
2012-01-23T07:27:07-05:00
<p><em>Guest blog by Commissioner for Trademarks Debbie Cohn<br /></em> <br />There’s no question that electronic filing has changed the nature of trademarks, and a look at our <a href="http://www.uspto.gov/dashboards/trademarks/">performance dashboard</a> for the first quarter of fiscal year 2012 really shows some remarkable results. Trademark pendency is at historically low levels and much of the reason for this is because some 75% of all trademark applications are filed and processed electronically. We’re particularly proud to report that disposal pendency – the time from when an application is filed until a trademark is registered or abandoned – is the lowest it’s ever been at 10.2 months. In fact, it’s been under 11 months for the past seven quarters in a row.</p>
<p>Likewise, pendency for applications involved in <em>inter partes</em> proceedings or appeals have also been reduced to an all-time low of 12.1 months. All of this while the number of application filings have increased 7.8% over the same period last year. First action pendency, which measures the time it takes for a new application to receive an initial response from our office was at 3.2 months at the end of the first quarter.</p>
<p>Aside from speed, trademark quality is another critical measure we consistently seek to improve. When you study the dashboard, you’ll see our quality results are mixed. Our first and final action quality are slightly less than target, although a more rigorous measure that defines the “excellence” of a first office action is above target. This new measure was introduced last year to set a higher standard in evaluating an examiner’s writing, evidence, and search strategy and the results exceed our target by 11 percent.</p>
<p>Our evaluation of quality is an ongoing process, with final results measured at the end of the fiscal year. Results are used for improving and developing policy and training guides and manuals to reinforce and ensure the quality of the trademark register. We welcome any feedback you have on how we can improve the presentation or information presented. We have <a href="mailto:TMFeedback@uspto.gov">a dedicated mailbox</a> for your comments and we look forward to hearing from you.</p>
https://www.uspto.gov/blog/director/entry/the_patent_prosecution_highway_scaling
The Patent Prosecution Highway—Scaling a Sensible Approach to Worksharing
$entry.creator.screenName
2012-01-13T11:10:08-05:00
2013-02-22T07:20:17-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>In recent years, the Patent Prosecution Highway (PPH) has proven to be one of the most significant worksharing initiatives for the USPTO, and a successful vehicle enabling faster and less expensive multi-country patent prosecution for the IP community. It began as a very small pilot project in 2006 between the USPTO and the Japan Patent Office and grew modestly over the next three years, as international filers became more comfortable with this new process for quickly obtaining patent rights across the globe. As the project has grown, getting the word out about the substantial benefits of PPH has been one of our highest priorities.</p>
<p>As of the end of 2011, more than 9,000 applications at the USPTO have been processed within the PPH program. This represents a 100%+ increase in usage, two years running. Users benefit not only by fast portfolio-building but also by enjoying the collective savings of millions of dollars in the process. A recent study by our user community demonstrated that—in a single application—anywhere from $2,000 to $13,000 in reduced prosecution costs can be realized through PPH, depending on the complexity of the invention. For international filers of all sizes, that level of savings adds up quickly.</p>
<p>And even while the PPH has grown tremendously in usage, we’ve continued the mission, working with our partner offices—which now total 21—to further improve the program. One of the first major steps taken was expansion of the PPH into the PCT system. This has opened up the advantages of PPH to an entire sector of international filers, and also paved the way for making the PCT system the worksharing model it was originally intended to be.</p>
<p>Recently, we reached agreement with several other large offices to streamline the PPH entry process and open the system to yet many more filers, mainly in Europe. In July we began testing the elimination of the office-of-first-filing to office-of-second-filing directional requirement of the PPH model. Under this more flexible on-ramp approach, PPH may be entered on the basis of positive outcomes from an office which first indicates allowable subject matter, whether or not that office happened to be the office of first filing. This improvement is known as the “Mottainai” PPH model. Mottainai is a Japanese term meaning that something useful should not be left unused. For our European constituents, this means that work done by the EPO (as an office of second filing) will be available as a basis for PPH entry both here and in Japan. </p>
<p>At the end of January, we will begin what we call PPH 2.0, which reduces the paperwork requirements by cutting documentation, allowing for use of machine translations for some purposes, and allowing for self-certification of claims correspondence. PPH2.0 will save participants even more money, while further reducing the processing time here at USPTO. Details on the Mottainai and PPH 2.0 pilots can be found <a href="http://www.uspto.gov/patents/init_events/pph/index.jsp">on our website</a>.</p>
<p>Finally, we are working with all PPH offices to realize a common set of fundamental requirements—“one PPH”—intended to vastly simplify the process for all users by creating a single, universal set of rules for the program globally.</p>
<p>The Patent Prosecution Highway is a growing success story—but only for those who are using it. Your competitors are taking advantage of the major cost savings and many other plusses of the program. So much so, that we are expecting another doubling of the program for 2012. If you aren’t yet using PPH, we invite you to take a fresh look at how it can be a positive contributor in both speed and cost to your international patent protection strategy.</p>
https://www.uspto.gov/blog/director/entry/full_speed_ahead_for_2012
Full Speed Ahead for 2012
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2012-01-06T04:48:17-05:00
2013-02-22T07:20:06-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Happy New Year and welcome back from what I hope was a restful holiday break!<br /> <br />As I wrote in my <a href="http://www.uspto.gov/blog/director/entry/a_look_back_at_2011">last blog entry</a>, 2011 was a year of historic achievements for our Agency, none of which would have been possible without the hard work and dedication of the entire USPTO team. Once again, and simply: THANK YOU. <br /> <br />We have strong momentum heading into 2012, and I want to capitalize on that momentum to the fullest. In that spirit I’d like to take a few moments to discuss what lies ahead and how we can make this another great year for the American inventor, the American economy and the American intellectual property community.<br /> <br />The mission of the USPTO is clearly stated in our Strategic Plan: <em>fostering innovation, competitiveness and economic growth, domestically and abroad, by delivering high quality and timely examination of patent and trademark applications, guiding domestic and international intellectual property policy, and delivering intellectual property information and education worldwide, with a highly skilled, diverse workforce.</em> It is important to remind ourselves of these words at the beginning of a new year, as they orient our efforts toward a common purpose. <br /> <br />Consider the superb progress we are making to reduce our backlog of unexamined patent applications, with an emphasis on resolving the oldest cases as expeditiously as possible. While reducing the backlog is an important goal in itself, it is absolutely critical to our Agency’s mission of fostering innovation, competitiveness and economic growth. Our daily work here is vital to the nation’s economic recovery. <br /> <br />Similarly, in our Trademarks operation, we will keep up the stellar momentum in excellent office actions, responding to increased filings, and leading the way on global enforcement issues such as in areas of counterfeiting and piracy, to ensure that American businesses can protect their brands and reap the full rewards of their initiative and creativity.<br /> <br />The continuing implementation of the <em>America Invents Act</em> (AIA) makes it imperative that our employees be prepared with the training, knowledge, and hands-on experience necessary for us to crisply implement this landmark legislation. <br /> <br />In our legal department, we'll be advocating for strong and balanced IP legal interpretations and advancing the IP laws generally, through close cooperation between the Solicitor's Office and the Trademarks and Patents teams as applicable, and with proactive policy support from our External Affairs team.<br /> <br />Our productive engagements with partner agencies overseas will continue as we collaborate on key projects like our <a href="http://www.cpcinfo.org/">Cooperative Patent Classification</a> (CPC) initiative with the European Patent Office, the <a href="http://www.uspto.gov/patents/init_events/pph/index.jsp">Patent Prosecution Highway</a> (PPH) with a growing host of countries as diverse as Japan, Australia, China, and Russia. We’re also looking forward to working with the other members of the <a href="http://www.wipo.int/">World Intellectual Property Organization</a> (WIPO) to advance an international treaty protecting the rights of audio/visual performers, at what will be the first IP diplomatic conference in a decade. <br /> <br />Long gone are the days when patent and trademark offices worked in isolation from one another. Now more than ever, we must think and act as concerned citizens of a global IP community. That’s also why we will continue to advance our global patent law harmonization agenda that works towards greater efficiency and quality in patenting across multiple jurisdictions—and does so in a way that incorporates the views, processes, and perspectives of both developing and developed nations. <br /> <br />Finally, we will continue to deploy new, state-of-the-art technologies at the USPTO to improve our information technology systems and support infrastructure which is instrumental to optimizing the quality of our trademark and patent examination work, and the efficiency with which our user communities conduct business with the Office. <br /> <br />We have made a lot of progress with an extremely talented team of dedicated professionals. With the increased confidence that comes from success, I have no doubt we will go even farther in 2012. <br /> <br />We get big things done around here. If you thought 2011 was a great year for team USPTO, you ain’t seen nothing yet! </p>
https://www.uspto.gov/blog/director/entry/uspto_track_i_the_agency
USPTO Track One: The Agency’s Self-Report on Implementation Performance Through Year-End 2011
USPTO
2012-01-03T06:54:59-05:00
2012-03-08T04:32:04-05:00
<p><em>Guest blog by USPTO Commissioner for Patents Peggy Focarino</em></p>
<p>Following passage of the <em>Leahy-Smith America Invents Act</em> in September 2011, the United States Patent and Trademark Office (USPTO) began accepting requests for prioritized examination of patent applications through the Track One Prioritized Patent Examination Program. Track One allows inventors and businesses, for a fee, to have their patents processed to completion in 12 months. No examination support documents or other admissions are required. </p>
<p>The required petition is very simple, and to date, 1,694 Track One petitions have been submitted to the USPTO. On average it is taking 40.8 days to move Track One cases from receipt of petition to completion of pre-examination processing (which includes deciding on the petition). The longest it has taken is 95 days. While on average only 10 of those 40.8 days are consumed in handling the Track One petitions, and while 40.8 days in pre-exam for Track One compares favorably with our normal pre-exam processing time of 69.6 days, we are not satisfied and are working to cut this time further.</p>
<p>Initial substantive results for Track One have been quite positive. Specifically, 1,218 of the 1,231 requests of the prioritized examination (that have been decided) were granted. This represents a 98.9% approval rate. Furthermore, 648 have already received a first office action, and another 34 will be mailed within days. On average we are getting the first action out in Track One cases just 30.7 days after approval of the petition – for a total elapsed period to first action of 66.4 days after filing of the request-petition. (The reason 66.4 does not correspond precisely to 40.8 plus 30.7 is because 40.8 is the average time from filing to granting the request for all applications, including those which have not yet received a first action.) And the longest it has taken us to get a first action out is 70 days from grant of the petition. So we are easily beating our target to get a first action out within an average of three months from the time the petition is granted. In fact, we have beaten it in every case so far.</p>
<p>More importantly, 23 allowances have already been mailed on Track One applications, the fastest of which was mailed just 37 days after the application was filed. And seven more allowances are currently in our pipeline, scheduled to be mailed within days. Of the Track One cases allowed so far, the average time to allowance is 39.2 days from petition approval. As for rejections, so far there have been three final rejections issued on Track One applications. The average time to final rejection has been 34.3 days, and the longest time to final was 50 days, both measured from approval of the Track One petition. It is worth noting that the first Track One application is due to issue on Jan. 10, 2012. This application was filed Sept. 30, 2011.<br /><br />For those applicants or practitioners concerned about whether Track One applications will be treated differently from others in terms of grant/denial rate, our examiners are being given exactly the same training, credits and incentives to accurately examine Track One cases as for all other cases, and no training, credits or incentives are being given to bias examiner decisions in any way. And as for the data, given the statistics provided above, so far there is no basis to believe there is any difference in result for Track One versus non-Track One processing, other than the significantly faster responsiveness.<br /><br />So we feel it is fair to say that while we are still in the early days of examining Track One applications, and are continuously working to address bottlenecks where they exist, we are proceeding apace with super-fast processing through the first three months of the program.<br /><br />For more information about Track One, or if there is any other information you would like the USPTO to report on Track One, please contact Eugenia A. Jones in the USPTO Office of Patent Legal Administration at (571) 272-7727.</p>
https://www.uspto.gov/blog/director/entry/a_look_back_at_2011
2011 Was Quite a Year
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2011-12-21T07:51:02-05:00
2013-02-22T07:19:53-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>As December draws to a close and we reflect on all that we’ve accomplished, it’s difficult to imagine a more historic year for the United States Patent and Trademark Office than 2011. The dedication and hard work of our talented public servants has enabled the Agency to make significant strides in the quality, efficiency, and certainty of patents and trademarks granted to technological enterprises. And our collaboration with the small business community has allowed us to level the competitive playing field by offering new tools and resources for independent inventors to acquire intellectual property rights with more ease. So with the holiday season upon us, I want to take a moment to recount what our extended USPTO family has helped accomplish for American inventors and American innovation. </p>
<p>For the first time in several years, the Patent and Trademark Office was able to reduce the backlog of unexamined patent applications to below 665,000, a remarkable achievement considering the 5 percent increase in patent applications filings in FY2011. Through improved practices and processes, we are on track to push the backlog down even further, helping deliver new technologies to the marketplace faster, which in turn spurs job creation and drives economic growth for our country. </p>
<p>Moreover, under our <a href="http://www.uspto.gov/patents/init_events/green_tech.jsp">Green Technology Pilot Program</a>, the USPTO recently issued the program’s 500th patent for a wind turbine rotor blade—yet another important step forward in advancing the Administration’s goal of doubling our nation’s renewable energy capacity. Through our commitment to green technologies, environmental quality and renewable energy, we are able to spur innovation and help create new jobs that provide our world with sustainable alternatives to harmful energy practices. </p>
<p>We’ve even harnessed the power of the Internet and the global technology community to strengthen the patent examination process by expanding our Peer-to-Patent (P2P) pilot program. This initiative improves the quality of the American IP process by allowing outside subject matter experts to contribute prior art—expanding the scope of our examination process. In an era of Wikipedia and crowd-sourcing, not only does this model allow the USPTO to stand ahead of the patenting curve by including inventive ways to improve patent quality, but it also increases our overall transparency—a goal vital to the Administration’s Open Government initiative. </p>
<p>It’s also why we’re proud of tools like our Dashboard and our newly revamped website. Such features give visitors real access to tools for navigating the IP system, and real insight into our performance, whether it’s the state of our backlog, inventory positions, or pendency. Ultimately, this doesn’t just show the public where we stand, it also motivates us to take an honest look at how differing processes are faring in terms of efficacy and efficiency—and improve upon them. Measures like the Dashboard and P2P help make our government more transparent and accountable to the American people.</p>
<p>And in Trademarks, for the fifth consecutive year, our outstanding Trademark Organization exceeded its pendency targets for first action and final disposition. Notably, the new “Excellent Office Action” quality measure—which indicates comprehensive quality of the First Office Action search strategy, evidence, writing and decision making—came in at 23.6 percent, handily exceeding the goal of 15 percent. In addition, Trademarks continued to meet and exceed its pendency goals and achieved an increase in the use of electronic filing and processing. </p>
<p>I am also very proud of the teamwork behind the highly successful 2011 National Trademark Expo, which attracted more than 15,000 people—our largest attendance to date—and featured more than 27 exhibitors, a 50 percent increase from previous years. Events like this help educate the public about the importance of IP and its ubiquitous role in our society.</p>
<p>In addition to these accomplishments, this year also marked the historic passage of the <em><a href="http://www.uspto.gov/aia_implementation/index.jsp">America Invents Act</a></em>. This sweeping legislation, signed into law by President Obama in September, equips the USPTO with the resources necessary to operate an efficient IP system that processes patent applications and issues high-quality patents quickly. By transitioning to a simpler, more objective, and more inventor-friendly system of issuing patents, the new law helps ensure that independent inventors and small entities have greater clarity and certainty over their property rights and will be able to navigate the patent system on a more equitable footing with large enterprises.</p>
<p>The AIA also allows the USPTO to implement a <a href="http://www.uspto.gov/news/pr/2011/11-74.jsp">fast-track examination option</a> under which the patent examination process will be completed within 12 months. Getting a key patent can be critical to an entrepreneur hoping to raise capital and grow their business, with 76 percent of startups in the US reporting that venture capital investors consider patents when they make funding decisions. So with over 2,000 applications already submitted under the new acceleration program, many hundreds of office actions mailed and over 20 notices of allowance, businesses of all sizes are already leveraging the new tool to develop, grow and market their products and services with unprecedented swiftness, under the AIA. </p>
<p>For the first time, the USPTO has the ability to recover the actual costs of the services it provides, and a reserve fund, solely for the Agency’s use, to access all of those fees. These provisions have allowed us to hire and train new personnel, educate examiners and the public about changes to the USPTO review process, aggressively modernize our IT infrastructure, expedite application processing and issue higher-quality patents—all without adding a dime to the national deficit.</p>
<p>The bi-partisan passage of the <em>Leahy-Smith American Invents Act</em> and its tangible impact on the way we do business shows that government can work, fostering innovation, investment and job creation for the benefit of all. It has also led to strengthened work-sharing programs with other patent agencies overseas through the Patent Prosecution Highway (PPH), which allows each office to benefit from work previously done by others, reducing examination workload and improving patent quality. The expedited examination in each office also allows applicants to obtain corresponding patents faster and more efficiently in each country. </p>
<p>In the last few weeks alone we’ve announced a number of PPH programs with our international partners, including a landmark work-sharing agreement with China’s State Intellectual Property Office (SIPO) under the Paris Convention (“Paris Route”) and the Patent Cooperation Treaty (PCT). The agreement comes at a very opportune time as China and the United States together make up a significant global market share for patent stakeholders. </p>
<p>For a more exhaustive look at these and other accomplishments, I encourage you to take the time to read our <a href="http://www.uspto.gov/about/stratplan/ar/2011/index.jsp">Performance and Accountability Report for 2011</a>.</p>
<p>While all of these efforts point to our country’s commitment to innovation, perhaps no one event of the year tells that story better than the USPTO’s issuance of Patent No. 8,000,000—a sight restoration tool that gives the blind greater independence in their daily lives. It took 75 years to get from patent No. 1 to patent 1 million, yet just over five years to go from patent 7 million to 8 million. So beyond aiding the blind, this remarkable milestone is a testament to the enduring American spirit of innovation—a spirit that continues to unleash new breakthroughs, new markets and new economic opportunities.</p>
<p>That’s why we remain committed to building the world’s strongest Patent and Trademark Office, and that’s why we’re excited about some of the new challenges we face in the year ahead. For the first time in the history of the Agency, the USPTO will be opening a satellite office outside of the nation’s capital. The Elijah J. McCoy U.S. Patent and Trademark Office in Detroit will provide a significant boost to that city’s innovation economy with more than 100 technologically-focused, secure jobs. And more satellite offices will soon follow, in other cities throughout the nation. The goals of this ambitious expansion are to improve the hiring, recruitment and retention of top-quality Patent Examiners, to recruit directly in other geographic areas in the U.S. where engineering talent exists, and to increase our interaction with the IP community. </p>
<p>While continuing to improve the diversity and talent of our workforce, we are also drafting a “Green Paper” on copyright policy in the digital era, in order to ensure that the 21st century best balances strong IP protections with the free flow of information over the Internet. Additionally, in 2012 we’ll draft a broader-based “National IP Strategy” to outline this Administration’s key IP priorities, our plan to improve patent protection for small businesses at home, and our efforts to increase our engagement with China on issues of IP enforcement.</p>
<p>Finally, after soliciting public comment on the <em>America Invents Act</em> and seeking input from a variety of stakeholders, we will complete the rulemaking to establish a new post-grant review process that is faster and significantly cheaper than costly and prolonged litigation—resolving questions about patent rights more efficiently. Unlike the re-examination process available today, the new post-grant review will allow issues of “subject matter” to be looked at and revamp the existing inter partes review system to adjudicate claims within 12 months; earlier resolution of disputes will weed out poor-quality patents sooner and add greater certainty to the US patent system. </p>
<p>For all that we’ve accomplished and the great things yet to come, the credit is due to the talent, dedication, and innovative spirit of USPTO employees who are working hard every day to produce positive results for the American people and our economy. I couldn’t be more proud to be part of such an outstanding team of professionals, and I truly look forward to another historic year with the world’s first and only 21st Century Patent and Trademark Office.</p>
<p>Happy Holidays!</p>
https://www.uspto.gov/blog/director/entry/a_farewell_message
A Farewell Message
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2011-12-19T07:18:59-05:00
2011-12-19T07:18:59-05:00
<p><em>Guest blog by USPTO Commissioner for Patents Bob Stoll </em></p>
<p>Earlier this month, with a mixture of excitement and sadness, I submitted my letter of resignation as Commissioner for Patents, effective Dec. 31. I can say without reservation that it was an honor to serve as Commissioner for the past two years and at the USPTO for the bulk of my career. During my tenure leading the Patents organization we achieved some lofty goals, including the reduction of our patent backlog to less than 670,000, in spite of a five percent increase in filings, and we are on a trajectory to eliminate unacceptable backlogs in the future.</p>
<p>But the achievement that cheers me the most is the major culture shift we nurtured in the USPTO toward a more collaborative environment—supervisors mentoring examiners, examiners helping applicants, and the technical support folks helping move applications through the system. Through training, educating, establishing joint work efforts, and undertaking listening campaigns we have created a truly 21st-century agency that is lauded for its service and highly praised by applicants, bloggers, unions and the public at large. The USPTO is now regarded as a top employer, listed 19th in the annual ranking of <em>Best Places to Work in the Federal Government</em>. </p>
<p>The bi-partisan passage of the <em>America Invents Act</em> was a seminal event in patent history, the culmination of many years of discussion within the diverse patent community. Together we created a patent system that provides inventors with more certainty that they will reap the benefits of their labors while at the same time providing more information and products to the citizens of the world. This new patent framework will aid in the creation of new jobs and the recovery of our economy, and I am very proud to have been a part of its enactment and implementation.</p>
<p>I want to acknowledge the contributions of my mentor, boss and friend, Director Kappos, to my success as Commissioner for Patents. His leadership and vision are unparalleled in government service. He encourages thoughtful risk-taking and creative solutions to cure the ills of the agency. I will truly miss the almost hourly discussions, including weekends and holidays, about ways to improve the USPTO.</p>
<p>As I move on to other opportunities, I will also miss the rest of my friends at the USPTO and Department of Commerce, but I will still be a strong proponent of the great work being done here and a vocal participant in the patent dialogue as we continue to improve this system for the benefit of all.</p>
<p>Good luck to you all, and thank you for your great work and friendship. </p>
https://www.uspto.gov/blog/director/entry/investing_in_our_newest_employees
Investing in our Newest Employees Pays Dividends
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2011-12-09T03:53:35-05:00
2013-02-22T07:19:39-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>I have some good news to share about our efforts to improve the retention of patent examiners past their probationary period. New employees seem to be most vulnerable to attrition during their first three years with the USPTO. So a little over a year ago, we established the New Examiner Mentoring Program pilot, designed to help new employees transition into the USPTO and even the Washington, D.C. area if they were moving to the community as new residents. Fifty of the examiners who joined us on either August 30 or September 27 last year requested a mentor. Most mentors were selected from the agency’s network of 11 affinity groups. </p>
<p>Throughout the probationary period for these new employees, affinity groups held structured enrichment sessions on soft topics – things of interest in D.C., transitioning to the technology center, etc. In the end, attrition of examiners with mentors was 4% (2 out of 50), compared to 8.4% (7 out of 83) for examiners without mentors. The program sustained itself without use of nonproduction time.</p>
<p>These results are leading us to expand the New Examiner Mentoring Program pilot to 200 new examiners in FY 2012, partnering with the Patent and Trademark Office Society, and acquiring mentor-matching software. When we look at the benefits associated with retaining examiners who are costly to recruit and on-board, we are quite optimistic about expanding this pilot project.</p>
https://www.uspto.gov/blog/director/entry/simplifying_the_ex_parte_appeals
Simplifying the Ex Parte Appeals Process and Reducing the Burden on Appellants and Examiners
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2011-12-05T04:32:03-05:00
2011-12-05T10:52:27-05:00
<p><em>Guest blog by Chief Administrative Patent Judge James Donald Smith </em></p>
<p>As the Chief Judge of the Board of Patent Appeals and Interferences, I am excited to be working with Director Kappos and Deputy Director Rea to advance their goals of being more responsive to the Office’s stakeholders and to improve the appeals process. In the few months that I have been at the Board, I have gained much more insight on the challenges that face the Board. I look forward to working with our stakeholders and the dedicated, hard-working professionals at the Board in addressing these challenges.</p>
<p>I am pleased to announce that, in an effort to further simplify and streamline the appeals process, the USPTO has published a <a href="http://www.gpo.gov/fdsys/pkg/FR-2011-11-22/pdf/2011-29446.pdf">notice of final rulemaking</a> that makes changes to the rules currently governing ex parte appeals. These changes were prompted by comments that we received at the public roundtable of January 2010 and in response to the advance notice of December 2009 and the notice of proposed rulemaking of November 2010.</p>
<p>In short, the notice of final rulemaking:</p>
<ul>
<li>Withdraws the indefinitely-delayed 2008 <a href="http://www.uspto.gov/web/offices/com/sol/notices/73fr32938.pdf">Final Rule</a>. The current rulemaking effort takes into consideration the public’s comments and concerns regarding the 2008 Final Rule. </li>
<li>Eliminates a number of briefing requirements that ask for information that is readily available in the file history (e.g., statements of the status of claims, status of amendments, and the grounds of rejection to be reviewed on appeal; the evidence appendix; and the related proceedings appendix). </li>
<li>No longer requires examiners to “acknowledge” receipt of reply briefs before jurisdiction passes to the Board, thus giving the Board jurisdiction immediately upon filing of the reply brief or upon the expiration of the time to do so. </li>
<li>Provides that the Board will presume that all claims under rejection are on appeal unless the applicant cancels the claims by amendment, thereby eliminating the unintended cancellation of claims by the examiner. </li>
<li>Creates a specified procedure for seeking review of an undesignated new ground of rejection in an examiner’s answer, which will toll the time for filing a reply brief and thereby eliminate the need to seek an extension for the reply brief. </li>
<li>Clarifies that, for purposes of the examiner’s answer, any rejection that relies upon evidence not relied upon in the Office action from which the appeal is taken shall be designated as a new ground of rejection (the notice also includes a useful survey of case law to help in the determination as to what constitutes a new ground of rejection). </li>
</ul>
<p>These are just some of the changes in the notice which we think will improve appellate practice. Thank you for the constructive comments and for your continuing desire to improve the Board’s processes.</p>
https://www.uspto.gov/blog/director/entry/our_growing_partnership_with_china
Our Growing Partnership with China
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2011-11-30T08:47:45-05:00
2011-11-30T08:47:45-05:00
<p><em>Guest blog by Deputy Director Teresa Stanek Rea</em></p>
<p>I find it hard to believe that I have been at the USPTO for almost ten months. When I started here at the USPTO, I knew I would be a part of a great organization – one that I worked with as a practitioner for many years. But I had no idea I would be a part of history as we implement the most significant patent reform legislation in history. What amazes me more, however, is that the <em>America Invents Act</em> is just one of many efforts we work on for our stakeholders. </p>
<p>Tomorrow (December 1, 2011), the USPTO and SIPO (State Intellectual Property Office - China) will begin <a href="http://www.uspto.gov/news/pr/2011/11-70.jsp">a landmark worksharing initiative</a>. The two new Patent Prosecution Highway (PPH) pilot programs will apply to qualifying applications filed under the Paris Convention and the Patent Cooperation Treaty (PCT). </p>
<p>I had the honor of representing the USPTO at a ceremony in Beijing on November 8, where I signed the Joint Statement of Intent with SIPO Deputy Commissioner Yang Tiejun to launch these PPH worksharing initiatives. This trip marked my second time visiting China as the Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO. You can read about my first trip <a href="http://www.uspto.gov/blog/director/entry/report_from_china_and_a">here</a>. </p>
<p>This PPH agreement is a milestone in bilateral cooperation between the USPTO and SIPO. PPH programs, such as this one, permit each office to benefit from work previously done by the other office, reducing the examination workload in each office, aiding patent examiners and improving patent quality. The one-year pilot program will end on November 30, 2012. The trial program will gauge the interest of applicants and evaluate the programs for patent quality, efficiency and the reduction of the workload at the USPTO and SIPO. Both offices may extend the one year trial period upon mutual agreement. We believe the <a href="http://www.uspto.gov/patents/init_events/pph/index.jsp">PPH Program</a> has been overwhelmingly successful and it’s my pleasure to contribute to the program’s success by joining my counterpart in China and signing such an important document.</p>
<p>During this past trip I also spoke at the US-China Joint Commission on Commerce and Trade (JCCT) Intellectual Property (IP) Working Group Vice Minister level meeting. The USPTO, along with the Office of the United States Trade Representative, is co-chair of the JCCT IP Working Group, the main bilateral mechanism by which IP experts from the US and China seek to resolve IP concerns to US businesses. This meeting was a prelude to the recent 22nd Session of JCCT plenary meeting in Chengdu, China <a href="http://www.commerce.gov/blog/2011/11/21/us-china-joint-commission-commerce-and-trade-jcct-concludes-significant-agreements">that newly appointed US Secretary of Commerce John Bryson attended</a>.</p>
<p>One thing I’ve discovered in my time at the USPTO is that when I travel to a place like China, there is never a shortage of people who want to hear about what we do. So while in China, I also spoke about the <em>America Invents Act</em> at two Chinese universities, Renmin University and Nanjing University of Science and Technology. I also met with IP officials from various provincial level IP agencies of Jiangsu province, one of the most prosperous provinces of China. During our meetings, we discussed how we can collaborate to improve the IP protection and enforcement environment in Jiangsu province for the benefit of US and Chinese rights holders.</p>
<p>Our China team, a group of attorneys with specific expertise on China IP matters in the USPTO’s Office of Policy and External Affairs, will be busy following up on the USPTO-SIPO PPH pilot. I look forward to working with members of this Office and our business community in the coming months as we continue to develop this and other initiatives. </p>
https://www.uspto.gov/blog/director/entry/aiding_our_future_ip_practitioners
Aiding our Future IP Practitioners
USPTO
2011-11-23T02:45:34-05:00
2013-02-22T07:19:26-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Helping the next generation of IP professionals learn to practice before the USPTO, our Law School Clinical Certification Pilot Program may be little known, but it has shown great success in providing benefit to the public and the IP community. The program allows law students enrolled in a participating law school’s clinical program to practice intellectual property law before the USPTO under close guidance of the law school clinic’s supervisor.<br /><br />Our Clinical Pilot Program began in 2008 with six schools selected to allow students to practice before the Agency in both patents and trademarks. In 2010, the Program expanded to include 16 schools. To date more than 200 students have participated. The students are granted limited recognition to practice, providing them with the opportunity to draft and file patent and trademark applications. The program also provides experience interacting with patent examiners and trademark examining attorneys by responding to office actions. By engaging in the office action response process, the students learn how to craft effective responses that actively address real world issues raised by our examiners.<br /><br />Aside from the practical experience students receive from participation in the Pilot Program -- experience that will serve them well after graduating from law school -- another public benefit is to the clients of the law school clinics who receive pro bono services. All of the law schools participating in the Pilot Program provide services to clients on a pro bono basis. In the fiscal year that ended September 30, students participating across the Program filed 83 trademark applications and 29 patent applications. These law school clinics are thus providing a much-needed service to independent inventors and small-entities that may not otherwise be able to afford IP legal services.<br /><br />Will Covey, Deputy General Counsel for Enrollment and Discipline and Director of Enrollment and Discipline, visited the University of Richmond School of Law (one of our Program law schools) recently, where students unanimously praised their involvement in the Program, observing that they found great value in the opportunity to gain practical training in practicing before the Office. Richmond’s clinic director, Professor John Carroll, praised how the Program gives students the responsibility of providing seamless representation for their clients, from initial advice to prosecuting the application before the USPTO. </p>
<p>You can learn more about the program and the latest news about it on our <a href="http://www.uspto.gov/ip/boards/oed/practitioner/agents/law_school_pilot.jsp">website</a>. And as always, your comments and questions are most welcomed.</p>
https://www.uspto.gov/blog/director/entry/office_of_policy_and_external
Office of Policy and External Affairs Fiscal Year 2011 Dashboard Overview
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2011-11-09T09:39:46-05:00
2011-11-09T09:39:46-05:00
<p><em>Guest blog by Al Tramposch, OPEA Administrator</em></p>
<p>The 2011 fiscal year recently came to a close and the <a href="http://www.uspto.gov/ip/global/index.jsp">Office of Policy and External Affairs</a> (OPEA) is excited to share its progress in strengthening and enforcing intellectual property policy and protection both domestically and internationally. OPEA has had an especially productive year by supporting passage of the America Invents Act in Congress and taking initial steps to implement the new law, while continuing our goal of increased collaboration with global IP Offices. The latest comprehensive statistics on OPEA’s efforts can be found on our <a href="http://www.uspto.gov/dashboards/externalaffairs/">Policy and External Affairs dashboard</a>. </p>
<p>As I explained in previous blog posts, the dashboard provides you with access to important metrics we track – such as the number of <a href="http://www.uspto.gov/patents/init_events/pph/index.jsp">Patent Prosecution Highway</a> (PPH) cases filed with the USPTO, as well as the number of programs, officials, and represented countries trained by the <a href="http://www.uspto.gov/ip/training/index.jsp">Global Intellectual Property Academy</a> (GIPA). We believe collaboration with other countries can result in more efficient global intellectual property protection and enforcement systems so we are active participants in the PPH and the Patent Cooperation Treaty – Patent Prosecution Highway (PCT-PPH) projects. </p>
<p>PPH is a framework in which an application whose claims have been determined to be patentable in one country’s patent office is eligible to go through an accelerated examination in another country’s patent office. Under the PCT-PPH, patent applicants can request a fast-track examination procedure in participating offices where patent examiners can make use of the work products from other offices. </p>
<p>This past fiscal year the number of requests for PPH has increased by greater than 67%, and the number of requests for PCT-PPH has increased by nearly 300%.</p>
<p>Educational programs are instrumental in our efforts to strengthen intellectual property protection and enforcement worldwide. Through GIPA programs, foreign officials learn about international IP obligations and norms, and are exposed to a U.S. model of protecting and enforcing IP rights and discussion of IP issues in a collaborative learning environment. </p>
<p>In fiscal year 2011, OPEA staff conducted 149 programs for more than 5,300 participants. These programs included foreign officials from 138 countries – 16 more than last year. We are proud to report that this is a 100% increase in the number of training programs from last year with an increase of nearly 20% in participants. Our dashboard also provides specific countries represented by attendees each month <a href="http://www.uspto.gov/dashboards/externalaffairs/kpis/kpicountriestrained.kpixml">here</a>. </p>
<p>Thank you for following the OPEA’s progress and please contact us with any feedback on how we could improve our public access dashboard.</p>
https://www.uspto.gov/blog/director/entry/fourth_quarter_trademarks_dashboard_overview
Fourth Quarter Trademarks Dashboard Overview
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2011-10-20T11:11:10-04:00
2011-10-20T11:11:10-04:00
<em>Guest blog by Commissioner for Trademarks Debbie Cohn<br /></em> <br />The USPTO first introduced the <a title="link to Trademarks Dashboard" href="http://www.uspto.gov/dashboards/trademarks/">Trademarks Dashboard</a> this past year with quarterly updates to trademark metrics. This month, we are pleased to announce that for the fiscal year that ended September 30, 2011, trademark pendency, quality, electronic processing, and efficiency have met or exceeded performance targets. Performance results this year are all the more impressive considering that new application filings increased by 8.1 percent to 398,667 classes, which was slightly more than 4 percent above plan.<br /> <br />Trademark pendency continues to be maintained at historically low levels as measured by the time from filing to first action, and, at disposal or total pendency, the average time from filing to registration, notice of allowance or abandonment of the application. First action pendency ended the fiscal year at 3.1 months. Disposal pendency reflects low first action pendency and lower overall time to registration or notice of allowance, as more applications are filed and processed electronically – 10.5 months on average, and 12.6 months on average when including applications that were either suspended or involved in inter partes. <br /> <br />Trademark quality is considered a critical measure and one we seek to continuously improve upon. The new “excellent office action” measure adds rigorous criteria regarding quality of an examiner's writing, evidence, and search strategy – setting a high standard defined as “excellence.” First year results surpassed the baseline target by nearly 7 percentage points – exceeding our initial expectations! The current first and final action compliance measures each delivered quality results above 96 percent. The evaluation of quality results are used for improving and developing policy and training guides and manuals.<br /> <br />We welcome any feedback you have on how we can improve the presentation or information presented. A <a href="mailto:feedback@uspto.gov">dedicated mailbox</a> has been set up for your comments. We look forward to hearing from you.
https://www.uspto.gov/blog/director/entry/quality_continues_to_rise
Quality Continues to Rise
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2011-10-06T04:21:31-04:00
2013-02-22T07:19:14-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>I thought I would return to the topic of patent quality, a topic that frankly can’t get enough attention. While speed is essential to a well-functioning USPTO, patent quality is the <em>sine qua non</em> of our success, and we are all deeply committed to ensuring patent quality. Since 2006, the USPTO has conducted a semi-annual External Quality Survey administered to practitioners and inventors who have had the most contact with the USPTO through the prior year. By incorporating their comprehensive feedback, we’re able to understand and respond to their concerns, and of course amplify those things we’re doing well.</p>
<p>Interestingly -- and positively -- per the most recent survey results, we are seeing a substantial positive shift in the public’s perception of overall examination quality.</p>
<p>The survey report, <a title="Report on Perceptions of Patent Quality" href="http://www.uspto.gov/news/Perceptions_of_Patent_Examination_Quality.pdf">which we invite you to view</a>, is based on a statistically-sound, neutral approach that collects a wide range of views on quality. We’re quite pleased to see that stakeholder perceptions of examination quality are the highest since the inception of the survey. The levels also represent significant changes compared to previous years.<br /> <br />How does this inform what we do? By incorporating this comprehensive feedback, we’re able to continually improve the quality of our efforts. For those who are satisfied we will do more of what is helping us turn out high quality work product. For those who are unsatisfied we will understand the root causes of their concerns and attempt to address those concerns.<br /> <br />As always, your thoughts and comments are welcome, on ways we can further improve quality, or any other topic.</p>
https://www.uspto.gov/blog/director/entry/august_patents_dashboard_overview
August Patents Dashboard Overview
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2011-09-23T10:45:58-04:00
2011-09-23T10:45:58-04:00
<p><em>Guest blog by USPTO Commissioner for Patents Bob Stoll</em></p>
<p>The Patent Dashboard showing our performance for the month of August has been released and is <a href="http://www.uspto.gov/dashboards/patents/">on our website</a>. We have added several new quality measures. As you may recall, the USPTO adopted and implemented a new set of <a href="http://www.uspto.gov/patents/init_events/qual_comp_metric.pdf">patent quality measurement procedures</a> for fiscal year 2011. The dashboard now shows the overall “Quality Composite Metric” as well as the seven individual factors that make up the composite.</p>
<p>Achieving high-quality examination is always our top priority. Previously, the USPTO measured quality through two measurements, the final rejection and allowance compliance rate and the in-process compliance rate. These measures had long been considered by the USPTO and the intellectual property community as useful—albeit insufficient—measures of quality. The Quality Composite Score, which uses these two historic metrics and five new metrics, was crafted by a joint USPTO-Patent Public Advisory Committee (PPAC) Task Force with extensive input from the intellectual property community and the public. The purpose of the new composite is to provide a more comprehensive view of quality in order to help us both address quality issues and identify and encourage best practices. </p>
<p>The new procedures measure seven diverse aspects of the examination process to form a balanced and comprehensive quality metric. These seven aspects include: </p>
<ol>
<li>Quality of the action setting forth allowance or final rejection of the application (Final Disposition Compliance Rate- 20 percent of composite weight) </li>
<li>Quality of the actions taken during the course of examination (In-Process Compliance Rate- 15 percent) </li>
<li>Use of best search practices in the examiner's initial search for prior art (Pre-FAOM Search Review- 10 percent) </li>
<li>Use of best examination practices in the first action on the merits, (Complete FAOM Review- 10 percent) </li>
<li>Trends in compact and efficient examination as reflected in aggregate USPTO data, (Quality Index Report (QIR)- 20 percent) </li>
<li>Perceptions of applicants and practitioners as measured by surveys (External Quality Survey- 15 percent) </li>
<li>Perceptions of examiners as measured by surveys (Internal Quality Survey-10 percent) </li>
</ol>
<p>The results of each metric are weighted and combined to determine the Quality Composite metric. The Quality Composite compares current performance against historical achievement and charts our progression towards desired levels of performance. Tracking individual components within the Composite allows us to reconcile any disjoints between outputs and desired outcomes, validate the desired correlations of metrics, and ensure quality initiatives address disparate views of examination quality. Since the beginning of FY10, the USPTO has progressed in each of the quality-related metrics for which historical data are available and we continue to be on target to meet our goals for FY 11. </p>
<p>The backlog of patent applications awaiting first office action by examiners dropped to 683,991 with 67,824 applications awaiting initial action following a request for continued examination (RCE) at the end of August.</p>
<p>Traditional First Action Pendency increased to an average of 28.2 months in August. This increase from 27.8 last month was expected as we continue to clear up the oldest applications from the backlog through the Clearing the Oldest Patent Applications (COPA) initiative. At the end of August, there were 83,845 cases older than 16 months remaining. Meanwhile, Traditional Total Pendency increased from 33.5 months in July to 33.7 months in August.</p>
<p>The Preliminary UPR filing data through August shows that 455,930 applications have been received this fiscal year. Last year at this time, 437,530 applications had been received. The Office anticipates a 4.1 percent increase in filings this fiscal year over FY 2010. The allowance rate was 47.1 percent in August, which is 2.1 percent higher than this time last year. This increase is appropriate considering efforts taken to encourage examiner collaboration with applicants to practice compact prosecution.</p>
<p>As always, we welcome your thoughts and comments. </p>
https://www.uspto.gov/blog/director/entry/re_inventing_the_us_patent
Re-Inventing the US Patent System
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2011-09-16T13:45:01-04:00
2013-02-22T07:19:01-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>In the past 50 years, we have seen technology evolve at a faster pace than any other period in history, but our patent laws have not kept up. Earlier today, that changed.</p>
<p>In an ongoing commitment to the innovative spirit that has defined our nation, the President’s signature on the <em>Leahy-Smith America Invents Act</em> sets into motion the most significant overhaul to our patent system, since the founding fathers first conceived of codifying a grand bargain between society and invention.</p>
<p>Since the inception of our country, well-defined and secure patent rights have enabled creative thinkers of all stripes to protect their ideas. An efficiently operating IP system—one which processes applications and issues high-quality patents quickly—is especially vital to small and new businesses, which create two out of every three American jobs. For investors, patents are strong indicators of market potential for new companies. And for inventors, they are essential to attracting the venture capital to develop and distribute their products to society.</p>
<p>Starting today, the historic legislation provides applicants greater certainty about their patent rights, while giving the USPTO, and our examining corps the resources we need to operate efficiently and to issue high-quality patents quickly. The law also cuts costs for small and medium-sized enterprises and establishes a new in-house review process for challenging patents that is faster and significantly cheaper than costly and prolonged litigation that stymies technological growth. By resolving disputes about patent rights earlier, more efficiently, and at less cost, we’re able to add greater certainty to the American patent system. That certainty ensures that the ingenuity of the American people has the power to accelerate our economic recovery, and ensures that our nation’s innovators and job creators aren’t held back. </p>
<p>While this historic law overhauls the American patent system, it takes effect over a period of years, so the USPTO will have time to plan and implement the necessary adjustments. An AIA taskforce coordinator and working groups have already been established to oversee a staged implementation of the bill. Extensive input will be sought from the public, our stakeholders, and our employees through a variety of outreach effort—so we encourage you to participate and regularly track updates pertaining to the new law at <a href="http://www.uspto.gov/americainventsact">www.uspto.gov/americainventsact</a>. </p>
<p>The United States has always been hardwired for innovation. We all know that we face genuine economic competition in more sectors, from more companies, and from more places than ever before. But generation after generation, whether it’s planting a flag on the moon or communicating across continents by the click of a button—it is American inventors who have led the world to historic discovery, unleashing a tidal waves of new jobs in new industries. That’s why we also appreciate the strong support of the legislation's co-sponsors, as well as the continuing commitment of all Members of Congress and our stakeholders, in helping pass this law and ensuring that the USPTO retains the funding it needs perform its core mission, and unlock those key technologies that will define generations to come. </p>
<p>The America Invents Act is tremendous down payment on the aggressive jobs agenda President Obama has laid out for our country, and I look forward to the challenges that lay ahead in building out a 21st century United States Patent and Trademark Office will protect the ideas that spur economic growth.</p>
https://www.uspto.gov/blog/director/entry/improved_efficiency_with_epetitions
Improved Efficiency with ePetitions
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2011-09-13T11:51:03-04:00
2011-09-13T11:51:03-04:00
<p><em>Guest blog by USPTO Commissioner for Patents Bob Stoll</em></p>
<p>In March we began offering petitioners the option to automate the filing and decision process for eight patent-related petition types through our new <a href="http://www.uspto.gov/news/pr/2011/11-23.jsp">ePetitions system</a>. The ease and efficiency of ePetitions have been well received by petitioners and now account for nearly 25% of submissions among the eight patent-related petition types. </p>
<p>On average, non web-based petition filings can take up to 30 days to be decided and 38% are dismissed for insufficient or incorrect information. ePetitions are granted immediately via a web-based interface that ensures petitioners correctly submit all required items. If submission requirements are not met at any time throughout the process, error messages appear to help petitioners identify any missing, incomplete, or invalid data requirements necessary for compliance with petition rules. </p>
<p>Once all of the items are correctly filled out, EFS Web uses an electronic form which instantly generates and uploads all necessary forms and automatically grants the ePetition. Petitioners then receive an acknowledgement receipt containing the petition grant letter as confirmation that the ePetition has been approved.</p>
<p>The time savings and accuracy using ePetitions is especially advantageous for critical petitions where an automatic petition grant could reduce delays in the restoration of patent rights, expedite a withdrawal from representation and redirect Office correspondence to the new correspondence address, and initiate the revival of an abandoned application to save patent term adjustment time.</p>
<p>ePetitions represents a major step forward for us providing the USPTO with an opportunity to improve its operational efficiency by reallocating resources and by eliminating the time required to receive, upload to PAIR (Patent Application Information Retrieval), docket, and decide petitions, as well as any rework associated repeating these steps for dismissals.</p>
<p>The eight Web-based ePetitions available via EFS-Web are:</p><blockquote style="MARGIN-RIGHT: 0px" dir="ltr">
<p>1. Request for Withdrawal as Attorney or Agent of Record (37 CFR 1.36) <br />2. Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(1) or (2)) <br />3. Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(3)) <br />4. Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(1) or (2) with Assigned Patent Number) <br />5. Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313(c)(3) with Assigned Patent Number) <br />6. Petition to Accept Late Payment of Issue Fee - Unintentional Late Payment (37 CFR 1.137(b)) <br />7. Petition for Revival of an Application based on Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f)) <br />8. Petition for Revival of an Application for Continuity Purposes Only (37 CFR 1.137(b))</p></blockquote>
<p>For more specific details on our ePetitions process, please visit the USPTO’s<a href="http://www.uspto.gov/patents/process/file/efs/guidance/epetition-info.jsp"> ePetition Resource Page</a> where you can access the ePetition Quick Start Guide and Web-based ePetition Frequently Asked Questions (FAQs).</p>
https://www.uspto.gov/blog/director/entry/report_from_china_and_a
Report From China and a Look at Our “China Team”
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2011-08-25T08:48:33-04:00
2011-08-25T08:48:33-04:00
<em>Guest blog by Deputy Director Teresa Stanek Rea<br /></em> <br />I just recently returned from a very interesting and extensive two-week trip to China, my first trip there as Deputy Director of the USPTO. I visited six cities: Beijing, Hangzhou, Shanghai, Guangzhou, Shenzhen, and Xiamen. <br /> <br />Not only is China an important trading partner for the U.S., but also, in terms of intellectual property, its importance cannot be overstated. U.S. IP right holders are increasingly seeking to protect and enforce their intellectual property there, and often find it challenging to do so. In fact, China’s patent and trademark offices are among the largest in the world in terms of filings, and its intellectual property enforcement system is being increasingly utilized by U.S. right holders. Ensuring that the Chinese IP system works in an effective and efficient manner is essential to U.S. companies. That’s why the USPTO has an established “China team” consisting of seven attorneys in Alexandria and IP Attachés in Beijing and in Guangzhou, all with extensive knowledge and experience with China’s intellectual property system. Through the efforts of USPTO Director David Kappos and the China team, we have developed strong ties and relationships with China’s patent, trademark, copyright and IP enforcement offices. It is through these relationships that we hope to continue to work with the Chinese to seek improvements in their IP system for the benefit of U.S. companies. <br /> <br />My goals for this trip were to meet and speak with U.S. stakeholders in China about the challenges of patent enforcement in-country and develop recommendations; to promote and educate the Chinese inventor community on IP commercialization and technology transfer; and to promote bilateral cooperation with Chinese central-, provincial-, and municipal-level agencies responsible for IP administration and enforcement.<br /> <br />I arrived first in the capital with the USPTO delegation and, in conjunction with the American Chamber of Commerce in Beijing, we led a stakeholder roundtable to discuss patent enforcement issues. The USPTO is leading an interagency initiative to address patent enforcement problems in China, including determining the steps the U.S. Government can take to improve the effectiveness of China’s patent enforcement regime. Last month, we held our first stakeholder meeting in Washington, D.C. We held similar roundtables in Shanghai, Guangzhou, and Xiamen, meeting with local rights holders. These discussions were very productive, producing much useful information that will be included in a report with recommendations for the future.<br /> <br />The USPTO also co-hosted an IP-commercialization and technology-transfer program with the State Intellectual Property Office (SIPO), the Public Intellectual Property Resource for Agriculture (PIPRA), and the Chinese Technology Exchange (CTEX). Expert speakers from the U.S. and Chinese governments, universities, and research institutions presented and debated the importance of intellectual property, and the role of technology transfer in developing inventions into commercially viable products in their respective countries. The seminar attracted attendees from academia, the inventor community, and private industry. The forum provided an excellent opportunity to demonstrate how the landmark Bayh-Dole legislation in the U.S. created the incentive for researchers at federal and university institutions to commercialize their inventions in the marketplace by allowing inventors to retain the rights to their inventions, enabling them to license their creations with interested parties.<br /> <br />I also was able to meet with my good friend and counterpart, Vice Commissioner Li of SIPO. We discussed our strong bilateral cooperation, and the work on the “Foundational Projects” at the IP5 forum (see <a href="http://www.uspto.gov/blog/director/entry/report_from_the_ip5_meeting">my last guest blog</a>). The USPTO and SIPO are close to reaching an agreement on a Patent Prosecution Highway pilot, our most advanced worksharing program, which will allow the USPTO and SIPO to utilize the work product of the other’s examiners, streamlining examination and reducing costs for our stakeholders.<br /> <br />I also met with Director General Xu Ruibiao of the China Trademark Office (CTMO). In June, the USPTO and the CTMO held a very successful seminar in Beijing which dealt with the issue of bad faith trademark filings. We discussed strengthening our bilateral cooperation with future programs, and visiting our office to learn about trademark operations.<br /> <br />Later, I met with the Shanghai IP Administration. While SIPO in Beijing handles the main function of patent examination, China has IP offices at the provincial and municipal levels to assist applicants in patent filing and the administrative enforcement of their patent rights. The Shanghai IP Administration is one of the largest and most active local IP offices. We discussed areas of future bilateral cooperation to strengthen the administration and enforcement of patent rights. I met with students of Jiliang University in Hangzhou and students of East China University of Political Science and Law in Shanghai. It was a wonderful opportunity to meet and confer with China’s next generation of leaders and consumers; they will play a critical role in promoting IP rights and helping to grow a sustainable economy for the future.<br /> <br />Later in the trip, I visited the southern cities of Guangzhou, Shenzhen, and Xiamen, each a major economic center of China. I met with rights holders and Chinese officials, holding meetings with critical IP registration and enforcement agencies, including the Guangdong provincial branches of the IP Office, the High People’s Court, the Economic Crimes Investigation Division of the Public Security Bureau, and the General Administration of Customs. In the city of Shenzhen, we conferred with the municipal branches of the Procuratorate (China’s prosecution service), and the Public Security Bureau. Each of these offices plays an important role in the complex IP enforcement system to battle counterfeiting, piracy, and infringement. We reinforced our commitment to sustained, consistent enforcement of IP rights, and encouraged continued support for education and capacity building.<br /> <br />While this was my first visit to China as Deputy Director, I’m sure it won’t be my last. Dave Kappos and I both view our relationship with our counterparts in China as one of our priorities and I look forward to visiting again soon so that we can continue to work together to build a better global IP community.
https://www.uspto.gov/blog/director/entry/rural_america_wellspring_of_innovation
Rural America: Wellspring of Innovation
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2011-08-22T12:48:41-04:00
2011-08-22T12:48:41-04:00
<p><em>Guest blog by USPTO Commissioner for Patents Bob Stoll<br /></em> <br />Looking at today’s sophisticated high-definition television sets it is hard to imagine that their very foundation could have ever been conceived by a rural farm boy. Yet the legendary account of this farm boy’s inspiration for his image dissector occurred as he was plowing a field. His name was Philo Farnsworth and at that moment the idea that would become electronic television was born. Just like his 19th century counterparts, John Deere, Cyrus McCormick, Eli Whitney and George Washington Carver, one of the fathers of the modern television industry found inspiration from his rural environment.<br /> <br />That practice remains alive and well today. We see it in places like Blaine, Minn., where Pam Turner invented the Spiral Eye™ Sewing Needle; Athens, Texas, where Lesia Farmer invented products for the kitchen; Wake Forest, N.C., where Michael Sykes invented a home building system; and Sonora, Calif., where Julia Rhodes invented KleenSlate Concepts<sup>®</sup>, dry erase products. Today, in the age of the internet, more inventions are collaborative efforts rather than creations in isolation like Farnsworth’s invention. But even with all that is available at the touch of a keystroke it is still important to have experts readily accessible to support today’s American innovators wherever they may be.<br /> <br />That is why I think this month’s regional conference for independent inventors held in Pasadena, California was so important. More than 100 inventors from communities large and small attended the two day event including several from small communities in Utah and Arizona. Senior USPTO officials, successful inventors and intellectual property experts provided practical advice and information on such subjects as applying for patent and trademark protection, licensing, marketing and developing inventions, and accessing government and private resources. Most important, attendees had an opportunity to meet one-on-one with the experts to discuss their specific issues and to network with other inventors.<br /> <br />The response was overwhelmingly positive. Many attendees were particularly impressed that a large government agency would come all the way across the country to hold such an event. My view is that innovation occurs everywhere—basements, garages, large corporations, universities and in cities large and small—and it is part of our mission to seek out those who invent and support them in any way we can. That is why I enthusiastically endorsed USPTO Director David Kappos’s decision to create a new Office of Innovation Development. In the year ahead we will be holding regional inventors conferences throughout the United States. You never know where we may find the next Philo Farnsworth. What we do know is that if America’s economy is to grow and prosper again we need to reach out and support all the innovators we can.</p>
https://www.uspto.gov/blog/director/entry/first_office_action_backlog_dips1
First Office Action Backlog Dips Even Lower
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2011-08-16T05:47:13-04:00
2011-08-16T05:47:13-04:00
<em>Guest blog by USPTO Commissioner for Patents Bob Stoll<br /></em> <br />Last month we announced how our backlog of patent applications awaiting first office action by examiners dropped below 700,000 in June, and this month we’re pleased to report that the number has dropped further. The backlog is now at 689,226, with 65,334 applications awaiting initial action following a request for continued examination (RCE) at the end of July. The complete report can be viewed <a href="http://www.uspto.gov/dashboards/patents/">on our updated dashboard</a>.<br /> <br />Traditional First Action Pendency increased to an average of 27.8 months in July. This increase from 27.2 last month was expected since we are working to clear up oldest applications from the backlog as part of our Clearing the Oldest Patent Applications (COPA) initiative. At the end of July, there were 103,242 cases remaining, down from 131,748 in June. Meanwhile, Traditional Total Pendency decreased from 33.6 months in June to 33.5 months in July. <br /> <br />The Preliminary UPR filing data through July shows that 410,888 applications have been received this fiscal year. Last year at this time, 396,900 applications had been received. The Office anticipates a 4.0% increase in filings this fiscal year over FY 2010. The allowance rate was 47% in July, which is 2.3% higher than this time last year. This increase is appropriate considering efforts taken to encourage examiner collaboration with applicants to practice compact prosecution. The quality measures have also seen an increase over last month with a final disposition compliance rate of 95.9% and an in-process compliance rate of 95.7%.<br /> <br />As always, we welcome your thoughts and comments.
https://www.uspto.gov/blog/director/entry/patents_ombudsman_pilot_program_to
Patents Ombudsman Pilot Program to Go Permanent
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2011-08-04T05:56:04-04:00
2013-02-22T07:18:46-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Early last year, we launched our Patents Ombudsman Pilot Program as part of our strategic priorities to increase patent processing effectiveness, provide new channels to help resolve issues, and improve relations with the USPTO stakeholder community. I am pleased to report that the pilot has helped do all of this. Since its launch, the Ombudsman Points of Contact (PoCs) in each of our Technology Centers have handled over 500 inquiries from patent applicants or their representatives and have addressed those inquiries in an average of 2 business days –faster than our promise of 10 business days! My congratulations and thanks go to the hardworking and prompt PoCs for this program.</p>
<p>To find out whether the pilot program met the needs of our stakeholders, we conducted two surveys, one in October 2010 (six month mark) and one in May 2011 (one year mark). The results of both surveys showed that more than two-thirds of the respondents were either satisfied or very satisfied. And in the May 2011 survey, more than 90 percent of respondents said that the program should be made permanent. That response is an overwhelming endorsement of the Ombudsman pilot program.</p>
<p>What do our stakeholders use the program for? They use it for a wide-range of reasons, from status inquiries to complicated petitions issues. Sometimes, applicants use the pilot program when they just don’t know who to contact. All good, and all exactly why the Ombudsman program was created -- to provide a channel for resolving issues that may not fit into existing channels. You can learn more about how and why to use the Ombudsman program <a href="http://www.uspto.gov/patents/ombudsman.jsp">on our website</a>. </p>
<p>With its excellent track-record for timeliness, and clearly high marks from users, I'm pleased to announce that in the coming weeks we will be making the program permanent. We’ll be sure to announce any changes that will be made in going from the pilot to the permanent program. I look forward to the permanent program serving as an important part of USPTO’s commitment to providing our stakeholders with great service. And as always, I would greatly appreciate your comments and feedback -- on the Patents Ombudsman program or any other matter involving USPTO.</p>
https://www.uspto.gov/blog/director/entry/dashboard_update_office_of_policy
Dashboard Update: Office of Policy and External Affairs
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2011-07-29T12:51:38-04:00
2011-07-29T12:51:38-04:00
<p><em>Guest blog by Al Tramposch, OPEA Administrator</em></p>
<p>Although the USPTO campus is located in Alexandria, Virginia, its voice is heard around the world. The Office of Policy and External Affairs (OPEA) of the USPTO has the responsibility to strengthen and enforce intellectual property policy and protection both domestically and internationally. Progress on OPEA’s efforts can be found on <a href="http://www.uspto.gov/dashboards/externalaffairs/">the Policy and External Affairs dashboard</a>.</p>
<p>We launched the dashboard in April 2011 to give the public access to data each quarter on crucial metrics in accordance with OPEA’s objectives. Through the dashboard data, the public has an overview of USPTO’s contributions in the development of strong intellectual property systems, domestically and abroad. The dashboard provides metrics on the number of Patent Prosecution Highway (PPH) cases filed with the USPTO, as well as the number of programs, officials, and represented countries trained by the Global Intellectual Property Academy (GIPA). Collaboration with other countries could result in more efficient global intellectual property protection and enforcement systems so we are active participants in the PPH and the Patent Cooperation Treaty – Patent Prosecution Highway (PCT-PPH) projects. </p>
<p>PPH is a framework in which an application whose claims have been determined to be patentable in one country’s patent office is eligible to go through an accelerated examination in another country’s patent office. Under the PCT-PPH, patent applicants can request a fast-track examination procedure in participating offices where patent examiners can make use of the work products from other offices. Over the course of the past five months, the number of requests for PPH has increased by approximately 33%, and the number of requests for PCT-PPH has increased by almost 200%. For those interested in more information on these PPH programs as well as how to participate, we link to <a href="http://www.uspto.gov/patents/init_events/pph/index.jsp">more information here</a> and from the dashboard under the PPH Requests section. </p>
<p>Educational programs play a key role in our efforts to strengthen intellectual property protection and enforcement worldwide. GIPA was created to increase the USPTO’s training and capacity-building initiatives on intellectual property protection, enforcement, and capitalization in the United States and around the world. Through GIPA programs, foreign officials learn about international IP obligations and norms, and are exposed to a U.S. model of protecting and enforcing IP rights and discussion of IP issues in a collaborative learning environment. Programs are taught at our Alexandria campus, remotely through web-based distance learning technology, and in countries throughout the world. For the first three quarters of fiscal year 2011, the dashboard shows that OPEA staff conducted 105 programs. The dashboard also shows the number of attendees trained by GIPA and the number of countries that they represent. More than 4,000 officials from 115 countries have attended a GIPA program during the first three quarters of FY2011. You can <a href="http://www.uspto.gov/dashboards/externalaffairs/kpis/kpicountriestrained.kpixml">follow this link</a> for more information on the specific countries represented by attendees, or follow the one provided at the bottom of the dashboard.</p>
<p>We hope you’ll find the Policy and External Affairs Dashboard informative and helpful. We welcome any feedback you may have on how we can make it even better.</p>
https://www.uspto.gov/blog/director/entry/trademarks_dashboard_overview
Trademarks Dashboard Overview
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2011-07-20T13:27:36-04:00
2011-07-20T13:27:36-04:00
<p><em>Guest Blog by USPTO Commissioner for Trademarks Debbie Cohn</em></p>
<p>The USPTO introduced the <a href="http://www.uspto.gov/dashboards/trademarks/">Trademarks Dashboard</a> for the first time in May to provide quarterly access to trademark metrics. This month, we are pleased to announce a number of changes to the dashboard based on feedback we received from visitors to the site. We hope you agree that the changes make the presentation and displays of the information more clear and understandable.</p>
<p>Sharing performance measures is one of the many ways the USPTO communicates its role in protecting intellectual property by reporting progress on the most critical metrics. The Trademarks Dashboard gives the public access to information on trademark pendency, quality, application filings, registrations, and an assessment of inventory for pending applications as well as new applications awaiting the examiner’s first office action. This information should help users better understand our processes, and enable applicants to make more informed decisions when filing and responding to office actions.</p>
<p>Pendency for trademarks (the measure of time following receipt of a trademark application and either a first action or final action) continues at historically low levels as measured by the time from filing to first action, which is the first substantive examination action, and at disposal or total pendency, which is the average time from filing to registration, notice of allowance or abandonment of the application. First action pendency has maintained a 2.5 – 3.5 month range on a consistent basis every month since April 2007. Disposal pendency continues to decline as more applications are filed and processed electronically – 10.2 months on average and 12.1 months on average including those applications that were either suspended or involved in inter partes processing – a new measure that has been added to the dashboard this month. The dashboard provides greater visibility by showing both pendency metrics based on the method of filing which is a more helpful way to look at pendency and may influence applicants based on how important timing is to their particular application. </p>
<p>Quality is another critical measure for trademarks at the USPTO. Evaluating quality results allows us to develop or improve policy and training guides and manuals. We continue to look for ways to improve quality as evidenced by the new “excellent office action” measure introduced this year to define excellence of the entire first office action. The current first and final action measures deliver quality results above 95 percent, but are limited to a determination of whether the examiner made the correct decisions regarding registrability. The new measure adds rigorous criteria regarding the quality of the examiner's writing, evidence and search strategy.</p>
<p>For those interested in more detail on the numbers found in the charts, a link to the spreadsheet is located at the bottom of the dashboard to show the data associated with each measure.</p>
<p>We hope you’ll find the changes in the Trademarks Dashboard to be an improvement and we welcome any feedback you have on how we can make it even better. A dedicated <a href="mailto:TMDashboard@uspto.gov">mailbox</a> has been set up for your comments and we intend to monitor your feedback carefully. We look forward to hearing from you.</p>
https://www.uspto.gov/blog/director/entry/first_office_action_backlog_dips
First Office Action Backlog Dips Below 700,000
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2011-07-12T13:03:31-04:00
2011-07-12T13:03:31-04:00
<p><em>Guest blog by USPTO Commissioner for Patents Bob Stoll</em></p>
<p>You’ll catch a major milestone on our updated <a href="http://www.uspto.gov/dashboards/patents/">patents dashboard</a> in the USPTO <a href="http://www.uspto.gov/about/stratplan/dashboards.jsp">Data Visualization Center</a>. Our June numbers will show you that the backlog of patent applications awaiting first office action by examiners dropped to 695,086. This achievement follows a major effort to break the 700,000 mark that was launched last fall. The number of applications awaiting initial action following a request for continued examination (RCE) stood at 62,352.</p>
<p>Traditional First Action Pendency increased to an average of 27.2 months in June, up from 26.6 the previous month. These increases have been expected since we are working to clear up oldest applications from the backlog. The increase will continue until the oldest applications are removed from the backlog through the <a href="http://www.uspto.gov/news/pr/2011/11_08.jsp">Clearing the Oldest Patent Applications (COPA) initiative</a>. COPA continues to show results as the number of first actions on cases older than 16 months continues to drop. At the end of June, there were 131,748 cases which is down from 157,608 that remained at the end of May. Meanwhile, Traditional Total Pendency decreased from 33.9 months in May to 33.6 months in June.<span> </span></p>
<p>The Preliminary UPR filing data through June shows that 372,980 applications have been received this fiscal year. Last year at this time, 357,002 applications had been received.<span> </span>The USPTO anticipates a four percent increase in filings this fiscal year over fiscal year 2010. The backlog of applications awaiting first office action by examiners decreased this month to 695,086. Finally, the allowance rate increased to 47 percent in June, which is 2.3 percent higher than this time last year.<span> </span></p>
https://www.uspto.gov/blog/director/entry/report_from_the_ip5_meeting
Report From the IP5 Meeting in Tokyo
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2011-07-01T07:06:39-04:00
2011-07-01T07:06:39-04:00
<p><em>Guest blog by Deputy Director Teresa Stanek Rea</em><br /> <br />I would like to tell you about our recent trip to Tokyo, Japan to participate in the <em>IP5 Deputy Heads and Heads of Offices</em> meetings. The <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.fiveipoffices.org">IP5 is an ad-hoc group</a> representing the five largest patent offices in the world – the <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.epo.org">European Patent Office</a> (EPO), the <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.jpo.go.jp">Japan Patent Office</a> (JPO), the <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.kipo.go.kr/kpo/eng/">Korean Intellectual Property Office</a> (KIPO), the <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=english.sipo.gov.cn/">State Intellectual Property Office of the People’s Republic of China</a> (SIPO), and the United States Patent and Trademark Office (USPTO). According to statistics maintained by the <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.wipo.int">World Intellectual Property Organization</a> (WIPO), these IP5 offices account for almost 80% of all patent applications filed worldwide. The IP5 began meeting in 2007, and the meeting in Tokyo was the fourth time the group met in person.<br /> <br />The work of the IP5 is focused on ten “<a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.fiveipoffices.org/projects.html">Foundation Projects</a>” created to address the vision of the IP5, namely elimination of unnecessary duplication of work between the offices, enhancement of patent examination efficiency and quality, and the guarantee of the stability of patent right.<br /> <br />Highlights of the meeting included:<br /> <br />• Reaffirmation of the importance of technical and substantive patent law harmonization that would enable users to acquire patent rights in a smooth and predictable manner, and agreement to participate in harmonization talks at appropriate international conferences;<br /> <br />• Agreement to accelerate the Common Hybrid Classification project following a study identifying the areas that could easily be harmonized;<br /> <br />• Approval of objectives for the 2012-2013 term of the Foundation Projects and agreement to increase efforts to achieve them.<br /> <br />The IP5 forum was an opportunity to meet one-on-one with our counterparts, as well as with local IP-interest organizations, and to strengthen these excellent working relationships that have been carefully developed over the years. I was very pleased to give luncheon remarks at a meeting with the American Chamber of Commerce in Japan followed by a Q&A session where I was joined by Albert Tramposch, USPTO’s Administrator for Policy and External Affairs.<br /> <br />The IP5 has a full agenda with three working groups addressing the progress, objectives, and goals of the 10 Foundation Projects year round. There is no doubt that achieving the goals of the Foundation Projects represents a great challenge to the offices, and full implementation of this integrated set of initiatives will take some time. However, the offices developed a phased approach for the project with defined goals and anticipated outcomes for each phase. With this approach, the offices will see benefits delivered early in the process instead of waiting until full implementation for tangible results. The commitment of the IP5 to work together in finding solutions that maintain the integrity of the patent system is critical in meeting the needs of a changing world.<br /> <br />On June 23 and 24, I met with Benoit Battistelli (EPO), Yoshiyuki Iwai (JPO), Soo-Won Lee (KIPO), and Tian Lipu (SIPO) to review the progress of the Foundation Projects and to make recommendations for the upcoming year of IP5 work. Francis Gurry (WIPO) was also present as an observer. <br /> <br />We were fortunate to have Banri Kaieda, Japan’s Minister of Economy, Trade, and Industry at the meeting to welcome the heads of offices and their delegations and to give opening remarks. Director Kappos phoned in to deliver the welcome news of the passage of the Leahy-Smith America Invents Act by the House of Representatives. As you may know, Director Kappos stayed in the U.S. to monitor the progress of the bill and was unable to attend the meeting. The IP5 delegates were very pleased that he could join them for a brief conversation and offered congratulations on news of the bill’s passage.<br /> <br />The EPO will host the next IP5 Heads of Offices meeting in June 2012.</p>
https://www.uspto.gov/blog/director/entry/interview_program_continues_to_find
Interview Program Continues to Find Success
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2011-06-28T10:15:33-04:00
2013-02-22T07:18:29-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>As I travel across the country and speak to our stakeholders, I have received many positive comments on the responsiveness and professionalism of our patent examiners when requesting and holding interviews. Practitioners tell me how helpful interviews are, and how helpful examiners are during interviews to resolve issues and advance prosecution. This proactive approach of reaching out to applicants during examination is reflected in our numbers. For the second fiscal year in a row, the number of interviews held by the examining corps has increased. In fact, we are on track to increase interview practice by 50% over two years ago by the end of this fiscal year. The sustained use of interviews has a direct impact in our on-going efforts to reduce pendency, improve quality, and increase Agency efficiency.<br /> <br />We continue to improve our interview program by working with our stakeholder community. Members of the bar and USPTO representatives held focus sessions prior to the October 2009 Partnering in Patents Program to discuss solutions that will improve interview practice before the USPTO. Representatives of the Office and members of the Electronics and Computer Law Committee (ECLC) of AIPLA collaborated to expand the focus session recommendations into a collaborative paper, <em>Interview Best Practices</em>, for practitioners and examiners. This paper is an excellent resource both examiners and stakeholders can use to help make interviews more effective. <br /> <br />Timely interactions with our stakeholders play an important role in achieving our strategic goal to reduce pendency. I’m thrilled with the results our entire team is achieving through our commitment to compact prosecution and the increased use of interviews. A discussion between the examiner and the applicant and/or applicant’s representative at an early stage of prosecution provides a better understanding of the invention, clarifies the scope of claims, enables both applicant and examiner to clear up any confusion on particular claim limitations, and helps focus search efforts. An early interview results in a more effective and efficient examination by identifying and resolving issues early in the prosecution. And of course, interviews during prosecution and even late in prosecution can help complete the process for examiners and applicants.<br /> <br />As always, I welcome your comments and suggestions on effective interview practice. </p>
https://www.uspto.gov/blog/director/entry/new_pilot_program_to_provide
New Pilot Program to Provide Pro-Bono Legal Assistance to Independent Inventors
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2011-06-20T09:46:18-04:00
2013-02-22T07:18:14-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>On June 8, it was my pleasure to participate in the kick-off of the Minnesota Pilot Pro-bono Inventor Assistance Program. The USPTO has worked with a committee of attorneys and a non-profit legal organization, LegalCORPS, to develop a pro-bono program to assist financially needy, independent inventors and small businesses in the Minnesota area. The Inventor Assistance Program is designed to provide IP legal services to individuals and businesses that otherwise may be unable to afford solid patent protection. With this pilot program, no qualifying independent inventor’s idea will perish for lack of access to competent IP counsel, and we expect examiners will receive better quality applications that they can examine more readily and effectively.<br /> <br />The Minnesota Pilot is the first of its kind in the US and perhaps globally, and we hope it’s a model we can grow. I envision many cities and regions and states across the country having similar programs within the next 5 years. There are already people lining up to learn about the Minnesota Pilot and we are actively talking with representatives from other cities hoping to replicate the LegalCORPS model.<br /> <br />The Minneapolis Pilot will ask inventors to put in some preparatory effort before they enter the program. Each participant will complete a training program on intellectual property and to conduct a patent search to determine if their idea is new. The USPTO’s website will host training modules on <a href="http://www.uspto.gov/inventors/index.jsp">our independent inventor page</a>. <br /> <br />An inventor can perform a search online using the USPTO website along with other online search engines, or they may visit a Patent and Trademark Depository Library (<a href="http://www.uspto.gov/products/library/ptdl/locations/index.jsp">a list of them can be found on the USPTO website</a>). <br /> <br />The Minnesota Pilot requires the filing of at least a provisional patent application to enroll. The program also limits participation to certain income levels, and requires participants to pay a small charge for administrative costs. Once these requirements are met, the inventor will be matched with an attorney who will provide legal assistance.<br /> <br />It is exciting and encouraging to see a project like the one in Minneapolis moved forward with such strong support. Not only has the IP bar made this a reality, but many pillars of the local business community have enthusiastically joined in with both financial and legal support. Jim Patterson of Patterson Thuente, Candee Goodman of Lindquist & Vennum, Michael Vitt of LegalCORPS, and their teams deserve congratulations and thanks for their leadership and action in getting this program off the ground. </p>
https://www.uspto.gov/blog/director/entry/may_patents_dashboard_overview
May Patents Dashboard Overview
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2011-06-14T05:44:30-04:00
2011-06-14T05:44:30-04:00
<p><em>Guest Blog by USPTO Commissioner for Patents Bob Stoll</em></p>
<p>The Patents dashboard May updates are <a href="http://www.uspto.gov/dashboards/patents/">now posted on uspto.gov</a>. Because the USPTO strives to make our operations and goals transparent, this month we added a new Request for Continued Examination (RCE) backlog measure to the dashboard. The RCE backlog is the number of Request for Continued Examination patent applications in the pipeline, at any given time, which are awaiting an initial action after the RCE submission. The current number of applications awaiting an initial action after the RCE submission is 62,854. Traditional First Action Pendency increased to an average of 26.5 months in May. This increase from 25.9 last month was expected since we are working to clear up the oldest applications from the backlog. The increase will continue until the oldest applications are removed through the <a href="http://www.uspto.gov/news/pr/2011/11_08.jsp">Clearing the Oldest Patent Applications (COPA) initiative</a>. We continue to see excellent progress as the number of first actions on cases older than 16 months chip away at these oldest applications. At the end of May, there were 157,608 cases remaining in the applications included in the COPA initiative, down from the 299,099 that existed at COPA’s inception. Meanwhile, Traditional Total Pendency increased just slightly from 33.8 months in April to 33.9 months in May.</p>
<p>The Preliminary UPR filing data through March shows that 328,424 applications have been received this fiscal year. Last year at this time, 311,308 applications had been received. The USPTO anticipates a 4.5 percent increase in filings this fiscal year. The backlog of applications awaiting first office action by examiners decreased this month to 703,175. Finally, the allowance rate increased to 46.5 percent in May, which is 2.2 percent higher than this time last year.</p>
<p>While we have some good news to report this month, the USPTO’s funding constraints, and resulting hiring freeze, continue to make it challenging to meet the desired progress in reducing the backlog and shortening the time it takes to get a patent.</p>
<p>As always, we welcome your thoughts and comments. </p>
https://www.uspto.gov/blog/director/entry/update_on_communications_and_public
Update on Communications and Public Engagement
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2011-06-06T12:37:05-04:00
2011-06-06T13:42:19-04:00
<p><span style="FONT-SIZE: 11pt"><em><font size="2">Guest blog by Peter Pappas, Chief Communications Officer</font></em></span></p>
<p><span style="FONT-SIZE: 11pt"></span></p>
<p>Over the past year, the USPTO has made significant strides in increasing and broadening our engagement with the intellectual property community, the general public and our employees. Director David Kappos highlighted some of these efforts in <a href="http://www.uspto.gov/blog/director/entry/expanding_our_communications_and_public"><font color="#606420">this blog post from last December</font></a> and we are now more visible and more engaged in more places with the innovation community. Just this year, Director Kappos spoke at <a href="http://www.uspto.gov/news/speeches/2011/kappos_sxsw.jsp"><font color="#606420">South by Southwest</font></a> in Austin and at the <a href="http://www.uspto.gov/news/speeches/2011/kappos_brightlights.jsp"><font color="#606420">Bright Lights Conference</font></a> for venture capitalists in New York City. The USPTO is being featured in mainstream, influential publications like <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.fastcompany.com/1738089/patent-director-patent-filings-do-not-equal-innovation"><font color="#606420">Fast Company</font></a> and <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.economist.com/node/18651194"><font color="#606420">The Economist</font></a>, and we were featured on the front page of the <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.nytimes.com/2011/02/21/business/21patent.html"><font color="#606420">New York Times</font></a> in February.</p>
<p>We are utilizing public meetings, email blasts, online chats and webcasts to further strengthen the USPTO’s relationships with its employees, the IP community and other stakeholders. As you know, Director Kappos normally posts to this weekly blog on topics of interest to the IP community and we follow your comments about key USPTO initiatives closely. We launched a <a href="http://www.uspto.gov/subscribe">Subscription Center</a> last December and are pleased to report that more than 25,000 have used it to subscribe to publications like our Monthly Review or <a href="http://www.uspto.gov/inventors/independent/eye/201106/index.jsp">Inventors Eye</a>, our bimonthly publication for the independent inventor community. In October, we launched our Patents <a href="http://www.uspto.gov/about/stratplan/dashboards.jsp">Data Visualization Center</a> – or “Dashboard” on our website to give the public access to the most current key metrics on patent pendency and quality, thereby making our progress transparent and enabling the public to see how we are progressing toward our ambitious goals. Our Patents Dashboard was followed by additional dashboards for Trademarks and the Office of Policy and External Affairs (OPEA) last month. </p>
<p>And social media has become a growing part of our efforts. You can now find us active on <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.facebook.com/uspto.gov"><font color="#606420">Facebook</font></a> and <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=twitter.com/uspto">Twitter</a>. As of today, more than 10,000 people keep up to date with us on Facebook and Twitter. And while most organizations hit a plateau in social media growth, we haven’t reached that point. On average, more than 30 people per day join one of our communities. And many are actively engaged with us and give us valuable feedback. You help share our messages with others you believe would also be interested. We read your comments on Facebook and we read your tweets and @replies on Twitter. Whenever possible, we’re also there to respond, to be helpful, and to keep the conversation going.</p>
<p>In coming weeks, we’ll be growing our presence on <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.youtube.com/usptovideo"><font color="#606420">YouTube</font></a> where we plan to highlight videos that teach you more about the USPTO and how to work with us, as well as stories from companies around the nation who are spurring innovation and growing jobs because of the patents they’ve received on their inventions.</p>
<p>In short, we are communicating with and engaging the public like never before, and we believe that this engagement not only keeps you informed of what we are doing, but also gives us vital feedback with which we can make better decisions. Ultimately, the real value in our publications and our social media presence comes from you. By engaging with us and others in our public social space, we get a better sense of what you “like” (to borrow a favorite Facebook term) about us and what we need to be doing better. Please continue to subscribe to our various publications and continue to stay in touch with us via social media. You have a voice at the USPTO and we are listening.</p>
https://www.uspto.gov/blog/director/entry/profile_the_office_of_policy
Profile: The Office of Policy and External Affairs
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2011-05-23T09:30:00-04:00
2011-05-23T09:30:00-04:00
<p><em>Guest blog by Al Tramposch, OPEA Administrator</em></p>
<p>As the USPTO official responsible for leading our domestic and international policy efforts, I am delighted to be working with Dave Kappos and Terry Rea to advance their objectives for the Office. Although I’ve only been on the job for about three months, I have already been deeply immersed in the work of the Office of Policy and External Affairs (OPEA) and the excellent team of professionals that it comprises. </p>
<p>"Policy and External Affairs” may be to some a mysterious title, and the office helps develop policy and oversees international and governmental affairs. We work closely Director Kappos and Deputy Director Rea to further the USPTO’s leadership on international and national policy matters. For example, as Chair of the USPTO Policy Council, I help develop the Agency’s positions on key issues that are often at the center of dynamic discussions on Federal Circuit and Supreme Court cases, legislative initiatives, international issues, and USPTO procedures and strategies. </p>
<p>The majority of professionals within OPEA are members of expert subject matter policy teams specializing in everything from patents, trademarks and copyright, to trade and enforcement training, both here and abroad. There is even a team dedicated exclusively to China. Our policy teams work closely with the many U.S. government agencies that deal with IP matters. These include our sister agencies within the Department of Commerce; the State Department; the Department of Justice; the Department of Homeland Security; and even the White House itself, in the form of the National Economic Council, the Office of Science and Technology Policy, the U.S. Trade Representative and the Office of the Intellectual Property Enforcement Coordinator. </p>
<p>In the international theater, our staff represents the U.S. government in a broad range of IP negotiations with foreign governments, such as in the Trans-Pacific Partnership (TPP), the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the World Health Organization (WHO). Just last week, I served as chairman of the WIPO Standing Committee on the Law of Patents, which achieved a full consensus to move forward with discussions on five important topics of international patent law. With the assistance of personnel throughout the agency, we also maintain a cooperative dialogue with other IP offices around the world. This is important work. Our “Trilateral” partners, the European Patent Office and the Japan Patent Office, and the other “IP5” offices, China and Korea, together account for over 75 percent of the world’s patent filings and grants. Over the years, we have established several work sharing arrangements with patent offices of other countries, such as the Patent Prosecution Highway (PPH) in which USPTO examiners utilize the search and examination results of other offices. Most recently, Director Kappos has re-initiated discussions on substantive patent harmonization, talks which were begun over 25 years ago but which have languished over the past few years.</p>
<p>OPEA’s Office of Governmental Affairs is responsible for providing technical assistance to members of Congress and their staff on proposed legislation. I am sure you are aware that Congress is working on legislation to amend the Patent Act, and that the economy has had a significant impact on the federal budget, including that of the USPTO. You may not know that our Office of Government Affairs has been working with Congress to help draft effective patent reform legislation and to resolve difficult budgetary issues that the agency currently faces. </p>
<p>Our internationally renowned Global Intellectual Property Academy provides training to members of foreign governments to help them establish and enforce effective intellectual property laws. In FY 2010 alone, the academy held over 75 programs and trained more than 4,500 officials from 120 countries.<br /> <br />OPEA also is the home to the International IP Attaché program, which was created to provide expert personnel on the ground in countries in which the Administration hope to make significant improvements in the protection and enforcement of intellectual property. Through that program the USPTO, working in conjunction with other agencies, deploys USPTO attorneys to U.S. Embassies and Consulates in a number of countries, including Brazil, Russia, India, China and Thailand, as well as at the international organizations in Geneva to help those governments improve their enforcement efforts. </p>
<p>And last, but certainly not least, the Office of the Chief Economist has established an ambitious research agenda to support USPTO policy-making and improve our data infrastructure. The Chief Economist works to provide the agency with the statistics and other information we need to help make informed smart decisions.</p>
<p>So, that’s Policy and External Affairs. But, you might wonder, what’s in it for you? In addition to our primary work of improving the effectiveness of the USPTO and the IP system at home and abroad, our Office can provide you with information and education through our website and GIPA Training Modules; hiring opportunities, primarily for those with law degrees; and cooperative projects with the Patent and Trademark units of the USPTO.</p>
<p>I invite you to find out more about us by visiting the <a href="http://www.uspto.gov/ip/index.jsp" target="_blank">IP Law and Policy web site</a>. </p>
https://www.uspto.gov/blog/director/entry/where_academia_meets_real_world
Where Academia Meets Real-World Practice
$entry.creator.screenName
2011-05-18T06:56:15-04:00
2013-02-22T07:18:03-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>The end of the school year is upon us, and so is the period for accepting applications to participate in the USPTO’s Patent Experience Externship Program (PEEP). I am very excited about this year’s program, and it is well on its way to becoming the largest student program we have ever had here at the USPTO. Last year we set the bar at around 100 students and it was a huge success. This year, I proposed that the USPTO accept 200 or more highly qualified students to join us this summer, in keeping the spirit of progress alive. The team here at USPTO has eagerly accepted this challenge and has found nearly 200 great candidates who are planning to join us. There is still room for a few more, but time is running out to apply. If you know of a student (or more than one) interested in working with us as an extern, they’ll need to go online and have their application in by the end of this week.</p>
<p>The PEEP program is one of our premier methods of finding talented individuals who are able to do the kind of challenging and rewarding work we do here at the USPTO. It represents a unique opportunity for students to get hands-on experience and truly learn what it is like to work at the Patent Office.</p>
<p>This program helps us identify and recruit future, fulltime patent examiners, a facet that has several implications for the program. PEEP integrates theories learned at universities with real-world practice and implementation of those theories, with substantive work within our offices and technology centers. Though the specific duties vary based on the student’s selected position and their level of education, I can assure all those interested in PEEP that they will not only be challenged by what we have in store, but will also be encouraged to learn and enjoy working at the USPTO. I’m in close contact with the individuals heading up the program for us this summer, and I know they are dedicated to ensuring that it will be our best yet.</p>
<p>Many applications have been submitted from all over the country, from students working on their undergraduate degrees to others working on Ph.D.s, and a very large number from those who are seeking their J.D.s. It’s clear that our nation’s students have enthusiasm and desire to experience what it’s like to work for the United States Patent and Trademark Office. There is almost no area within the USPTO that will not be touched by students this summer.</p>
<p>With only a few days left to apply, I encourage everyone who is interested to visit our <a href="http://www.usptocareers.gov/Pages/WhyWork/Students.aspx" target="_blank">student programs website</a> to learn about the program, and to visit USAJobs and read through the <a href="http://jobview.usajobs.gov/GetJob.aspx?JobID=97011933&JobTitle=Patent+Experience+Externship+Program+(Non-Paid)&q=peep&where=&brd=3876&vw=b&FedEmp=N&FedPub=Y&x=0&y=0&AVSDM=2011-03-30+20%3a03%3a00" target="_blank">vacancy announcement</a> for a detailed description of the PEEP program. And especially, I invite all dedicated, hard working students to apply.</p>
https://www.uspto.gov/blog/director/entry/april_dashboard_overview
April Dashboard Overview
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2011-05-16T09:46:47-04:00
2011-05-19T06:42:56-04:00
<p><em>Guest Blog by USPTO Commissioner for Patents Bob Stoll</em></p>
<p>The dashboard for the month of April has been released and is ready to be <a href="http://www.uspto.gov/dashboards/patents/" target="_blank">viewed on our website</a>. Despite the uncertainties associated with this year’s funding, we continue to make steady progress toward our goals.</p>
<p>Traditional first action pendency increased to an average of 25.9 months in April. This increase from 25.3 last month was expected since we are working to clear up the oldest applications from the backlog. The increase will continue until those cases are removed through our Clearing the Oldest Patent Applications (COPA) initiative that we’ve been speaking about for many weeks now. COPA is doing what we hoped, and we see great progress now that the number of first actions on cases older than 16 months has increased. At the end of April, there were 178,392 cases remaining to be handled by the COPA initiative. Meanwhile, traditional total pendency decreased from 33.9 months in March to 33.8 months in April.</p>
<p>The preliminary UPR filing data through March shows that 286,700 applications have been received this fiscal year. Last year at this time, 273,773 applications had been received. The USPTO anticipates a 5 percent increase in filings this fiscal year over FY 2010. The backlog of applications awaiting first office action by examiners decreased this month to 706,778. Finally, the allowance rate increased to 46.3 percent in March, which is 2.3 percent higher than this time last year. </p>
<p>As always, we welcome your thoughts and comments. </p>
https://www.uspto.gov/blog/director/entry/hearing_from_entrepreneurs_around_the
Hearing from Entrepreneurs Around the Country
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2011-05-12T07:25:38-04:00
2011-05-12T07:25:38-04:00
<p><em>Guest Blog by USPTO Deputy Director Teresa Stanek Rea</em></p>
<p><em>A copy of this post also appeared on the </em><a href="http://www.whitehouse.gov/blog/2011/05/11/hearing-entrepreneurs-pittsburgh-and-atlanta" target="_blank"><font color="#606420"><em>White House Blog</em></font></a></p>
<p>In his January State of the Union, President Barack Obama outlined the importance of investing in American infrastructure and innovation in order to remain competitive in a global economy. With those goals for our country in mind, it has been nothing short of a privilege and an honor to work along side our spectacular team here at the USPTO. As we work to examine the groundbreaking ideas that will create the next generation of jobs, I wanted to know, as Deputy Director of the USPTO, what more we could do as a country, to make sure small businesses and innovators everywhere thrive. </p>
<p>The economic security and vitality of the United States has always been deeply rooted in American innovation. The story of our growth has been written by the daring drive of entrepreneurs who were willing to roll the dice on just an idea. That’s why the Obama Administration launched <a href="http://www.whitehouse.gov/issues/startup-america" target="_blank">Startup America</a>, a White House-led initiative to accelerate the success of entrepreneurs throughout the Nation. </p>
<p>Over the past month, I have had the privilege of hearing from bold thinkers around the country and have learned that vital to 21<sup>st</sup> century growth is a 21<sup>st</sup> century infrastructure—one that readily allows small businesses to protect, promote, and preserve their ideas throughout the marketplace. </p>
<p>In order to hear ideas directly from entrepreneurs, senior Administration officials have traveled to cities throughout the Nation, holding <a href="http://www.sba.gov/content/startup-america-reducing-barriers-roundtables" target="_blank">Startup America: Reducing Barriers</a> roundtable discussions and assessing what Federal regulations should be changed to create an environment most conducive to small business growth and job creation. That’s why we are currently working with Congress to pass the America Invents Act, which aims to simplify the process of securing patent rights and empower small and independent inventors to distribute their ideas, products, and tools faster.</p>
<p>A couple weeks ago in Pittsburgh I had the opportunity to hear ideas ranging from student loan repayment programs for entrepreneurs to stronger tax incentives for companies with responsible energy efficiency standards. At the heart of our conversation, though, was the underlying need to further build, educate, and train the manufacturing workforce that supports so much of Pittsburgh’s local economy. Whether through tax credits for companies or educational programs, it was clear that the hardworking businesses in this heart of Pennsylvania weren’t expecting overnight solutions, but were instead genuinely seeking ways to make the business environment a little easier for their enterprises to grow and their economy to flourish. </p>
<p>At a roundtable event last Monday in Atlanta, an attendee suggested providing small amounts of seed funding for early-stage entrepreneurs to lift their businesses off the ground. Other small business owners suggested that streamlining the application process for procuring government contracts could put contractors to work more efficiently. </p>
<p>At every stop along the way, I and other Administration colleagues have been motivated by the innovative ideas and proposals we’ve heard from small business owners. And as we invest in the building blocks of innovation and growth to create the jobs necessary to win the future, we want to continue these conversations to identify the most feasible solutions. </p>
<p>This week we are visiting Boulder and today I’m travelling to Silicon Valley, the final two stops on our roundtable tour. But that doesn’t mean we’re done taking input. In order to receive more ideas from an even greater number of entrepreneurs, we have created an <a href="http://reducingbarriers.ideascale.com/" target="_blank"><font color="#606420">online tool</font></a> that is quick and easy to use. This tool lets everyone suggest ideas and vote on the proposed solutions they think are the most important. </p>
<p>After these roundtable events, we will take the feedback we have received and present a list of the most important proposed changes in a report to the President. My dialogue with innovators in Pittsburgh and Atlanta have added perspective from Main Street to the approach the Obama Administration and the USPTO are taking to lead the way in creating 21st century business opportunities for our country. Stay tuned as we continue that conversation with entrepreneurs and hear about how we can help them drive economic growth and create much needed jobs.</p>
https://www.uspto.gov/blog/director/entry/introducing_the_trademarks_dashboard
Introducing the Trademarks Dashboard
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2011-05-11T10:16:44-04:00
2011-05-11T10:16:44-04:00
<p><em>Guest Blog by Commissioner for Trademarks Deborah Cohn</em></p>
<p>The USPTO launched its first <a href="http://www.uspto.gov/dashboards/patents/" target="_blank">Data Visualization Center Dashboard</a> in October to provide access to patent application and pendency. This month, we are pleased to announce the launch of the <a href="http://www.uspto.gov/dashboards/trademarks/" target="_blank">Trademarks Dashboard</a>, which has been modeled on the Patent Dashboard’s success and format.<br /> <br />An important part of the USPTO’s mission is to increase awareness and understanding of intellectual property. One of the many ways we can do that is to create a better understanding of the most critical metrics that contribute to examining and issuing patents and registering trademarks -- pendency and quality -- as well as making those measures more transparent to the public. </p>
<p>Trademark pendency has reached historically low levels as measured by the time from filing to first action; and, at disposal or total pendency, the average time from filing to registration, notice of allowance or abandonment of the application. Our challenge now is to maintain consistent monthly first action pendency within a 2.5 to 3.5 month range with disposal pendency at 12.5 months or less as filings increase and fluctuate on a monthly basis. The dashboard provides greater visibility by showing both pendency metrics based on the method of filing. </p>
<p>Trademark quality is a critical measure for improving quality by evaluating and developing training guides and reporting metrics based on the results of a review of examination quality. We continue to refine and improve the measurement of quality as evidenced by the new “excellent Office action” quality measure that was introduced this year to define excellence of the initial search strategy, decision making, and writing. This measure is an added dimension of the first and final Office action compliance measures. </p>
<p>This tool will give everyone access to measures presenting trademark pendency, quality, application filings, registrations, and an assessment of inventory for pending applications as well as new applications awaiting the examining attorney’s first Office action. This information will help the entire IP community to better understand our processes, and enable applicants to make more informed decisions about their applications. The new addition to the USPTO Data Visualization Center will be updated quarterly, and will also track the past three years of performance metrics to show trends as well as targets where appropriate. We intend to further refine the dashboard and welcome your input about ways we can improve it. A <a href="mailto:feedback@uspto.gov">dedicated mailbox</a> has been set up for your comments.</p>
<p>We hope you’ll find the new Trademarks Dashboards to be a valuable resource and we welcome any feedback you have on how we can make these resources even better.</p>
https://www.uspto.gov/blog/director/entry/introducing_the_office_of_policy
Introducing the Office of Policy and External Affairs Dashboard
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2011-04-28T10:04:57-04:00
2011-04-28T10:04:57-04:00
<p><em>Guest Blog by Administrator for Policy and External Affairs Albert Tramposch</em></p>
<p>The Office of Policy and External Affairs assists the USPTO Director in advising the President, through the Secretary of Commerce, and other federal agencies on domestic and international intellectual property policy. “External Affairs” or “EA,” as the office is commonly referred to, also promotes the development of intellectual property systems, nationally and internationally, and advocates improvements in training and protecting intellectual property throughout the world.</p>
<p>We are pleased to be launching <a href="http://www.uspto.gov/dashboards/externalaffairs/" target="_blank">the first External Affairs dashboard</a> today, and to be providing data each quarter on the following metrics. </p>
<p>(1) Number of Patent Prosecution Highway (PPH) and Patent Cooperation Treaty (PCT)-PPH and cases filed in the USPTO</p>
<p>(2) Number of educational programs</p>
<p>(3) Number of attendees trained and the countries they represent</p>
<p>(4) Number of countries trained </p>
<p>The Patent Prosecution Highway (PPH) is a framework in which an application whose claims have been determined to be patentable in one country's patent office, called the Office of First Filing (OFF), is eligible to go through an accelerated examination in another country's patent office, called the Office of Second Filing (OSF), with a simple procedure upon an applicant’s request. The PPH, through the use of the search and examination-related information produced by the first office, supports applicants in their efforts to obtain stable patent rights efficiently around the world, reduces the search/examination burden of the second office and improves the quality of the examination of the major patent offices in the world. </p>
<p>Under the Patent Cooperation Treaty (PCT), applicants may obtain search/examination results from an accredited "PCT authority." The USPTO has established agreements with several PCT authorities (OFF) to permit applicants to request PPH handling of their applications based on positive results from the PCT search and examination. Called PCT-PPH, this enables patent applicants to request a fast-track examination procedure in participating offices (OSF) where patent examiners can make use of the work products from the other offices. By requesting that their applications be processed under this procedure, applicants can generally obtain patents more quickly before participating offices. Currently, the USPTO has PPH and PCT-PPH arrangements with 14 other offices.</p>
<p>The Office of Policy and External Affairs dashboard shows the number of PPH cases filed with the USPTO. </p>
<p>In 2006, the USPTO established the Global Intellectual Property Academy (GIPA), and in 2007, USPTO completed construction of a permanent space for GIPA at the Alexandria, Va., campus. GIPA offers capacity building programs in the United States and around the world on intellectual property protection, enforcement, and capitalization. Capacity-building programs are offered to patent, trademark and copyright officials, judges, prosecutors, police, customs officials, foreign policy makers, examiners and rights owners. In delivering capacity building programs, GIPA works closely with other United States government agencies, trading partners and international organizations. GIPA provides both multilateral programs and country specific programs. Some programs are developed to address specific legal issues, administrative issues and specific intellectual property areas. USPTO’s GIPA is instrumental in achieving the objectives of halting intellectual property theft and advancing international intellectual property policies. </p>
<p>The dashboard shows the number of educational programs, the number of attendees trained by GIPA and the number of countries that they represent.</p>
<p>We hope you’ll find the new USPTO Data Visualization Center Office of Policy and External Affairs dashboard to be a valuable resource and we welcome any feedback you have on how we can make it even better.</p>
https://www.uspto.gov/blog/director/entry/an_update_on_the_uspto
An Update on the USPTO's FY 2011 Budget
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2011-04-22T05:08:30-04:00
2013-02-22T07:17:37-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">As you may know, the FY 2011 budget was enacted on April 15, 2011 and contains the USPTO’s appropriation through the end of this fiscal year, September 30, 2011.<b> </b>With the enactment of the <i>Full-Year Continuing Appropriations Act, 2011, </span /></i>our </span />total spending authority for FY 2011 has been limited to $2.09 billion. </span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Given this level of spending authority, USPTO will have to make significant reductions for the current fiscal year.</span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">We have not come by these decisions lightly; I recognize that these measures will create new challenges for our ability to carry out our agency’s mission, but we will continue seeking innovative ways to do more with less.</span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Effective immediately and until further notice: </p>
<p style="MARGIN: 0pt"></span /></p>
<p style="MARGIN: 0pt"> </p>
<ul>
<li>
<div style="MARGIN: 0pt">Track One of the Three-Track program, which offers expedited patent examination and was scheduled to go into effect on May 4, 2011, is postponed;</div>
</li>
</ul>
<ul>
<li>
<div style="MARGIN: 0pt"></span /></span />The opening of the planned Nationwide Workforce satellite office in Detroit, as well as consideration of other possible satellite office locations, is postponed;</div>
</li>
</ul>
<ul>
<li>
<div style="MARGIN: 0pt">Hiring—both for new positions and backfills—is frozen; <br /></div>
</li>
<li>
<div style="MARGIN: 0pt">IT projects will be scaled back;<br /></div>
</li>
<li>
<div style="MARGIN: 0pt">Funding for Patent Cooperation Treaty (PCT) outsourcing will be substantially reduced;</div>
</li>
</ul>
<ul>
<li>
<div style="MARGIN: 0pt">Employee training will be reduced;</div>
</li>
</ul>
<ul>
<li>
<div style="MARGIN: 0pt">All overtime is suspended. </span /></div>
</li>
</ul>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">In addition, business units will be required to reduce all other non-compensation-related expenses, including travel, conferences and contracts. </span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Trademarks is unaffected and will maintain normal operations. </span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">I would like to thank our entire team for their continuing cooperation and patience, and for their dedication and service during this challenging time.</span /></p>
<p style="MARGIN: 0pt"> </p></span />
https://www.uspto.gov/blog/director/entry/march_dashboard_overview
March Dashboard Overview
$entry.creator.screenName
2011-04-15T06:52:39-04:00
2011-04-15T06:52:39-04:00
<p><em>Special Guest Blog by USPTO Commissioner for Patents Bob Stoll</em></p>
<p>The dashboard for the month of March has been released and is ready to be <a href="http://go.usa.gov/TPx" target="_blank">viewed on our website</a>. Despite the uncertainties associated with this year’s funding, we continue to make steady progress toward our goals. </p>
<p>Traditional First Action Pendency increased to an average of 25.3 months in March. This uptick, from 24.5 last month, was expected since we are working to clear up the oldest applications from the backlog. The increase will continue until these cases are removed through our Clearing the Oldest Patent Applications (COPA) initiative. You can expect to hear more about COPA pretty regularly. We continue to see great progress on the number of first actions on cases older than 16 months. At the end of March there were 197,583 such cases. Meanwhile, Traditional Total Pendency decreased from 34.0 months in February to 33.9 months in March.</p>
<p>The Preliminary UPR filing data through March shows that 248,209 applications have been received this fiscal year. Last year at this time 232,468 applications had been received and current projections predict a 4.9% increase in filings this fiscal year over FY 2010. Meanwhile, the backlog of applications awaiting first office action by examiners decreased this month to 708,912. Finally, the allowance rate increased to 46.2% in March, which is 2% higher than this time last year. </p>
<p>Thanks, as always, for your support and I look forward to your feedback.</p>
https://www.uspto.gov/blog/director/entry/update_on_the_patent_examiner
Update on the Patent Examiner Technical Training Program (PETTP)
$entry.creator.screenName
2011-04-08T10:29:32-04:00
2013-02-22T07:17:20-05:00
<p><span lang="EN"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p><span lang="EN">One of our top priorities at USPTO is to ensure that we have a well-trained workforce. Our Patent Examiner Technical Training Program (PETTP) provides patent examiners with direct access to experts who are able to share their technical knowledge on prior art and industry standards in areas of emerging technologies and established technologies. </span></p>
<p><span lang="EN">This program provides an excellent opportunity for communication between patent examiners and the experts who work in the various technologies that are examined throughout USPTO.</span></p>
<p><span lang="EN">In the past, we have had success with patent examiner technical training through technology fairs and informal training sessions for the patent corps. The PETTP program is building on that success and implementing a coordinated process to attract industry experts to the USPTO to provide examiner training.</span></p>
<p><span lang="EN">We believe that putting patent examiners together with innovators and experts in an educational environment where the experts can discuss advances in the state of the art, emerging trends, and recent innovations in their fields will result in better informed examiners and higher quality final dispositions. So far the program has generated considerable interest in the patent community. We have trained more than 1,200 examiners and hosted upwards of 20 organizations including Facebook, Apple, VISA, UPS, Hitachi, SAS and St. Jude Medical.</span></p>
<p><span lang="EN">To learn more about the program I encourage you to visit the <a title="http://www.uspto.gov/patents/pettp.jsp" href="http://www.uspto.gov/patents/pettp.jsp" target="_blank">Patent Examiner Technical Training Program website</a>. There you will find background on the program, a link to the <a title="http://edocket.access.gpo.gov/2010/pdf/2010-23006.pdf" href="http://edocket.access.gpo.gov/2010/pdf/2010-23006.pdf" target="_blank">Federal Register Notice</a>, and a list of the types of technical training needs by Technology Center.</span></p>
<p><span lang="EN">In an effort to allow for more flexibility in delivering training for those who elect not to travel, training can be delivered using webinars in this program</span></p>
<p><span lang="EN">Interested participants should contact the USPTO and identify their area of expertise by filling out <a title="http://www.uspto.gov/patents/pettp.jsp" href="http://www.uspto.gov/patents/pettp.jsp" target="_blank">this online form</a> or by sending an email to <a title="mailto:Examiner_Technical_Training@uspto.gov" href="mailto:Examiner_Technical_Training@uspto.gov">Examiner_Technical_Training@uspto.gov</a>.</span></p>
<p><span lang="EN">The PETTP program provides a great opportunity to enhance the quality of our patent examination. This initiative is the latest illustration of our desire to collaborate with the stakeholder community to improve the patent system. </span></p>
<p>We believe this kind of training provides a great opportunity to enhance the quality of our patent examination and this initiative is the latest illustration of our desire to collaborate with the stakeholder community to improve the patent system.</p>
<p>As always, I look forward to your feedback.</p>
<p> </p>
<p> </p>
https://www.uspto.gov/blog/director/entry/automating_petitions_handling_to_improve
Automating Petitions Handling to Improve Efficiency
$entry.creator.screenName
2011-04-01T13:07:03-04:00
2013-02-22T07:17:06-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">I’d like to discuss patent petitions in general, and in particular, petition decisions. We’ve heard the complaints that it takes too long to get a decision from the Petitions Office. <br /><br />To address this issue, we’ve just <a href="http://www.uspto.gov/news/pr/2011/11-23.jsp"><font color="#606420">announced</font></a> that we’re we're automating the filing and decision process for eight (8) patent petition types. These eight petition types cover approximately one-third of the work of the Petitions Office. They will join the two current types of petitions that can be decided electronically (petitions to make special on the basis of age and petitions to accept unintentionally delayed payment of the maintenance fee). <br /><br />However, what we are initiating for the eight newly automated petitions is a departure from the established way to get a decision. We're automating the process using USPTO's new e-Petition system. With e-Petition, the petitions data is input through a secure web interface and at the push of a button the petition is decided. We are using webforms and an automated workflow to accomplish the task of deciding petitions filed using ePetition. This means that for these eight types of petitions when filed using ePetition, there will be no waiting for the petition to be docketed, no waiting for someone to decide the petition, and no waiting for the decision to be uploaded into Public PAIR.<br /><br />The eight (8) petition types are as follows: <br /><br />1. WITHDRAWAL OF ATTORNEY (37 CFR 1.36)<br /><br />2. WITHDRAW FROM ISSUE AFTER PAYMENT OF ISSUE FEE <br /><br />3. WITHDRAW FROM ISSUE AFTER PAYMENT OF ISSUE FEE (37 CFR 1.313(c))<br /><br />4. WITHDRAW FROM ISSUE AFTER PAYMENT OF ISSUE FEE (37 CFR 1.313(c)(1) OR (2)) WITH ASSIGNED PATENT NUMBER<br /><br />5. WITHDRAW FROM ISSUE UNDER 37 CFR 1.313(c)(3). APPLICATION IS EXPRESSLY ABANDONED.<br /><br />6. PETITION TO ACCEPT LATE PAYMENT OF ISSUE FEE - UNINTENTIONAL LATE PAYMENT (37 CFR 1.155(c) OR 37 CFR 1.316) <br /><br />7. PETITIONS UNDER 37 CFR 1.137(f)<br /><br />8. PETITION TO REVIVE ABANDONED APPLICATION FOR CONTINUITY PURPOSES ONLY<br /><br />I hope applicants will use the e-Petition system. By using e-Petition, petitioners will also now have more control over when their petitions are filed and answered. This is especially advantageous for critical petitions, such as petitions to withdraw from issue. And deciding petitions electronically will decrease the need for renewed petitions, since petitioners will know instantly whether all technical requirements have been met. Moreover, petitions processed and decided electronically will not add to the inventory of petitions awaiting decision, freeing up the resources currently used to decide these eight types of petitions. <br /><br />So, processing and issuing more petition decisions electronically should provide an improvement in service to patent applicants, and help improve efficiency of the USPTO. For more specific details on e-Petitions, please see the FAQ’s at <a title="http://www.uspto.gov/patents/process/file/efs/guidance/ePetition-FAQs.jsp" href="http://www.uspto.gov/patents/process/file/efs/guidance/ePetition-FAQs.jsp">http://www.uspto.gov/patents/process/file/efs/guidance/ePetition-FAQs.jsp</span /></a>. The ePetition system is a step forward in the journey of improving the patent system. In this regard, as always, your input on improving the ePetition system is important to us. Please give us your feedback.</span /></p>
https://www.uspto.gov/blog/director/entry/impressions_from_sxsw
Impressions from SXSW
$entry.creator.screenName
2011-03-16T06:46:06-04:00
2013-02-22T07:16:50-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>I had the great pleasure of being in Austin, Texas last weekend for something new and special—not only for me but for the USPTO. The SXSW (South by Southwest) Interactive Conference has been a major destination for technologists for a number of years now and a hotbed destination for many of this country’s prime innovators and entrepreneurs. I spoke at two SXSW Interactive sessions, a great opportunity for us to connect with some new audiences.</p>
<p>At each session we were able to meet and speak with some of the sharpest minds of a young, hipster and entrepreneurial set. Smart, enthusiastic, dedicated—this is both the face of the future of American innovation, and in many notable cases its present face. Like our employees at USPTO, the US innovation community is changing, and we are finding new ways to keep pace with them, on their terms. </p>
<p>We are of course committed to informing and encouraging all of those working in the field of IP. Not only do we have to help support and nurture the cutting edge ideas coming from seasoned professionals, but we must also be there for young people in their teens and twenties, many of whom are creating startups that may employ tens or even thousands within just a couple of years.</p>
<p>We're also aware that even in the growing world of open source, inventive ideas are still property for those who wish to treat them that way by seeking patent protection. Moreover, the open source model itself is highly dependent on the copyright laws as the vehicle for securing the contractual commitments that underpin the open source development model.</p>
<p>And another point that bears remembering: Patent infringement, piracy, copyright infringement and the like steal from our nation’s creators and go-getters. Significantly, they also steal jobs from the US economy. No legitimate business model condones stealing.</p>
<p>Being in Austin surrounded by thousands of innovators and entrepreneurs was inspiring. The USPTO stands ready to assist these innovators as they pursue their dreams. In fact we're not waiting—we're reaching out to them every chance we get!</p>
https://www.uspto.gov/blog/director/entry/new_quality_measure_added_to
New Quality Measure Added to February Dashboard
$entry.creator.screenName
2011-03-11T11:44:14-05:00
2011-03-11T11:48:10-05:00
<p><em>Special Guest Blog by USPTO Commissioner for Patents Bob Stoll</em></p>
<p style="MARGIN: 0pt">The dashboard for the month of February has been released and is on our <a href="http://www.uspto.gov/dashboards/patents/main.dashxml">website</a>. </span />We have added a new quality measure, “Quality Index Report (QIR).” </span />QIR, one of the factors making up the new composite quality metric that was recently <a href="http://www.uspto.gov/news/pr/2010/10_48.jsp">announced</a>, tracks the actions taken by examiners during prosecution of patent applications. </span />The QIR is a statistical analysis of quality-related events in the prosecution, such as the reopening of final rejections and second non-final actions. </span />Identifying quality issues prior to final action allows for corrective actions to be taken via coaching/mentoring and training. </span /></span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">The new quality composite greatly expands the previous procedures for measurement of examination quality. </span />The effort is the result of collaboration between the USPTO, the Patent Public Advisory Committee (PPAC) Quality Task Force and the patent community. </span />The dashboard continues to show the two historical quality measures of Final Disposition Compliance Rate and the In-Process Compliance Rate; these continue to be on target.</span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Traditional first action pendency increased only slightly to an average of 24.5 months for February up from 24.2 months in January, while traditional total pendency decreased from 34.5 months in January to 34.0 months in February. </span />The USPTO continues to focus on reducing the backlog and first action pendency in order to achieve overall pendency and backlog goals. </span /></span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Our Clearing Oldest Patent Applications (COPA) initiative continues to see great progress as the number of First Actions on cases older than 16 months chips away at the “tail.” </span />This month there were 233,780 cases remaining in the tail. </span />The preliminary UPR filing data through February shows that 202,456 applications have been received by the office to date this fiscal year, versus 186,065 over the same time last year. </span />The backlog of applications awaiting first office action by examiners decreased this month to 715,461. </span /></span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">We think these metrics show some great progress. </span />And, on a related note, I want to personally thank everyone worked so hard to ensure the passage of S. 23, the America Invents Act of 2011. </span />The bill will provide the USPTO the needed resources to improve patent quality and reduce pendency, which will help innovators bring their products to market, build businesses and create much-needed new jobs. </span />Our hope is that the House will quickly act on patent reform as well.</span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Thanks for your ongoing support and I look forward to your feedback.</span /></p>
<p> </p>
https://www.uspto.gov/blog/director/entry/uspto_symposium_march_11_to
USPTO Symposium March 11 to Bring Together Women Inventors and Entrepreneurs
$entry.creator.screenName
2011-03-07T11:29:22-05:00
2013-02-22T07:16:35-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>In honor of Women’s History Month, I’d like to take a moment to talk about women’s contributions to our country’s innovation economy. Throughout history, women have played a critical role as innovators, inventors, and entrepreneurs. Take, for example, women inducted into the National Inventors Hall of Fame: Stephanie Kwolek, the inventor of Kevlar™; Elizabeth Hazen and Rachel Brown, the inventors of the antifungal antibiotic, Nystatin™; and Patsy Sherman, the inventor of Scotchgard™. These breakthrough inventions are still in use today and have improved our world substantially. These women and countless others set the example for women of all ages who are working diligently to bring their ideas, innovations, and inventions to the marketplace. <br /> <br />To help celebrate Women’s History Month and to bring attention to identifying opportunities that support and encourage women to become entrepreneurs and innovators, the USPTO and the United States Women's Chamber of Commerce (USWCC) are hosting a women’s entrepreneurship symposium on Friday, March 11, here at the USPTO. Given that women-owned businesses make a significant impact on the U.S. economy, this event will focus on women entrepreneurs, the importance of intellectual property protection for their innovations, and how to leverage economic opportunities for women-owned businesses. I am excited to welcome <a href="http://landrieu.senate.gov/" target="_blank">U.S. Senator Mary L. Landrieu</a> (D-La.), chair of the Senate’s Small Business Committee, who will serve as the symposium’s keynote speaker. Our newly appointed <a href="http://www.uspto.gov/about/bios/rea_bio.jsp" target="_blank">USPTO Deputy Director Terry Rea</a> will provide opening remarks, and additional speakers will include leaders in business, law and government who will provide useful information on topics such as intellectual property protection, accessing financial resources, building business relationships and more.<br /> <br />According to the Economics and Statistics Administration (ESA), 7.8 million firms were owned by women in 2007, accounting for almost 30 percent of all non-farm, privately held U.S. firms. Women-owned firms also had total receipts of $1.2 trillion in 2007, and employed 7.6 million workers. While these numbers reflect a very positive picture for women and one that continues to reflect growth, women inventors and entrepreneurs still face additional challenges to their success and remain behind men in earning power both in the corporate world and as business owners. According to the United States Women’s Chamber of Commerce (USWCC), women-owned firms make $0.75 for every $1 earned by firms owned by men.<br /> <br />I hope that both women and men will join together at the USPTO for this unique event. The symposium will be held from 9:00 a.m. - 6:30 p.m. at the USPTO headquarters in Alexandria, Va. Registration for this one-day event is $41.00 and includes all conference sessions and materials, light refreshments, a keynote luncheon and a networking reception. For more information, contact the USPTO at 571-272-8850. To view the full agenda and register, go to: <a href="http://www.uswcc.org/meetings/womens-entrepreneurship-symposium-presented-by-the.html" target="_blank">http://www.uswcc.org/meetings/womens-entrepreneurship-symposium-presented-by-the.html</a></p>
<p>As always, your comments and input are welcomed. I look forward to your feedback.</p>
https://www.uspto.gov/blog/director/entry/patent_reform_good_for_innovation
Patent Reform: Good for Innovation. Good for Small Business. Good for America
$entry.creator.screenName
2011-03-02T09:17:18-05:00
2013-02-22T07:16:09-05:00
<p style="MARGIN: 0pt"><span><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p><span></span></p>
<p style="MARGIN: 0pt"><span>Today I thought I would offer my thinking on a topic that is getting a lot of attention these days—patent reform. The 21st century, an undoubtedly technological one, demands a strong, clear and expedient patent system to ensure American competitiveness. Presently, that system is in immediate need of attention. That is why President Obama, Secretary Locke and I support Senate passage of S.23, the America Invents Act of 2011.</span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>As outlined in our official <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=www.whitehouse.gov/sites/default/files/omb/legislative/sap/112/saps23s_20110228.pdf"><font color="#606420">Statement of Administration Policy</font></a> released this week, the legislation updates our patent system by offering greater certainty about patent rights, lower fees for independent inventors and micro-entities and faster alternatives to expensive litigation. Moreover, it enables a financially stable USPTO that promotes growth for innovators in all industries and of all sizes.</span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>I speak regularly with successful inventors, and they tell me exactly what they need to succeed: secure patent rights in order to access capital, hire employees, and build their companies. This demands a swift and efficient system that doesn't leave intellectual property clogged in the pipelines. S.23 would enable the USPTO to set its fees and recover the actual cost of the services we provide to inventors without costing the taxpayer a dime. By providing our Agency with adequate resources, delays will be minimized and high-quality examinations will be completed in a shorter amount of time. This will help to clear the patent backlog and allow innovators to move ideas to the marketplace more quickly.</span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>By moving the United States to a First-Inventor-to-File (FITF) system, the bill establishes greater speed and certainty about property rights in the innovation marketplace, while also leveling the playing field for anyone seeking to participate in global commerce. While I recognize some have concerns about this switch, the reality is that the current First-to-Invent system is fraught with peril. <span> </span>Under the current system, a host of objections can be raised in litigation that undermine a patentee’s rights. Such litigation is expensive and time consuming. </span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>Passage of this legislation will also reduce the prohibitive cost of challenging issued patents by creating an in-house post-grant review process which will provide a faster and much cheaper alternative to costly and drawn-out litigation. </span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>Enabling growth for industries of all sizes optimizes our ability to spur innovation, create new jobs, carve out new industries and enable new services to address social needs.<span> </span></span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>In the past 50 years we have seen more technological advancements than at any point in history but with no comprehensive patent reform to keep up with the times. In this century, we can’t expect tomorrow’s economy to take root using yesterday’s infrastructure. In order to bring ideas to market—in order to get ideas to capture funding—we must adopt a system that is more efficient for all who use it. </span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>By enacting this bill, we’ll be able to revitalize our economy, unleash American creativity and win the future by catalyzing new industries that keep us competitive for generations to come. </span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>Thanks for your continued support of the USPTO.<span> </span>As always, I’m interested to know what you think—in this case, about patent reform.</span></p>
https://www.uspto.gov/blog/director/entry/january_patents_dashboard_changes_and
January Patents Dashboard Changes and COPA
$entry.creator.screenName
2011-02-14T12:20:37-05:00
2011-02-14T12:20:37-05:00
<p style="MARGIN: 0pt"><i>Special Guest Blog by USPTO Commissioner for Patents Bob Stoll</i></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">The <a href="http://www.uspto.gov/dashboards/patents/main.dashxml">USPTO Data Visualization Center</a> – otherwise known as “The Dashboard”—continues to be positively received by our stakeholders. </span />Just recently, I received feedback from stakeholders I met with at the ABA-IPL Mid-Winter Leadership Conference and the AIPLA Mid-Winter Institute who told me that they appreciate the transparency the dashboard provides. </span /> </span />In the interest of further transparency, we have just added first action and traditional total pendency data by technology center to the dashboard. </span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">We’re pleased to report the total backlog of applications awaiting first office action by examiners decreased this month to 718,857 from last month’s 721,831. </span />We are already making a dent in the backlog as shown by the decline of traditional first action pendency to an average of 24.2 months for January from 24.6 months in December. </span />In addition, traditional total pendency also decreased from 34.9 months in December to 34.5 months in January</span />. </span />To date, the USPTO has received 160,962 applications versus 149,438 over the same time last year. </span />Filings continue a strong upward trend with 11,542 more applications received so far this year compared to </span />this time last year. </span /> </span />We anticipate this trend to continue as the economy </span />makes a slow growth toward full recovery. </span />The USPTO is working hard to do our part to help the recovery and to be fully prepared for the future. </p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">The USPTO must work at the highest level of efficiency to achieve our goal of 10 months to first action pendency by 2014. </span />As we looked for strategies to meet this goal, we analyzed our application distribution in relationship to our available resources. </span />We found a high variability in workload volume as compared to resources in a few technology areas; and we found an unacceptable number of old cases still awaiting examination in our backlog. </span />One step we are taking is to eliminate the backlog of applications through an initiative known as “Clearing the Oldest Patent Applications” (COPA). </span />Through this initiative, we are carefully looking at our old case backlogs, and rebalancing workloads by sharing resources both within and across Technology Centers. </span /> </span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">In an effort to be more transparent, we have added a new measure to the dashboard to help track the COPA initiative. </span />For this fiscal year, our preliminary numbers indicate that we have completed first office actions in many COPA backlog applications. </span />We are currently focusing on reducing first action pendency in order to achieve overall pendency and backlog goals, and recent results have already reflected this focus. </span />While these results have reflected our focus on pendency reduction it should be noted that initially the COPA initiative is expected to temporarily increase first action pendency due to the examiner’s focus being on the oldest applications. </span />However, this is expected to be a temporary increase and then first action pendency will decrease as we continue to reduce the number of older applications in our backlog.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Thanks, as always, for your support and I look forward to your feedback.</p>
https://www.uspto.gov/blog/director/entry/a_new_model_for_patent
A New Model for Patent and Trademark Depository Libraries (PTDLs)
$entry.creator.screenName
2011-02-07T08:49:49-05:00
2013-02-22T07:25:07-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Many independent inventors and small businesses have discovered that there is a free resource in their state, possibly even their own city, to assist them on their quest to successfully protect and market their inventions. The USPTO partners with over 80 libraries in 45 states, plus the District of Columbia and Puerto Rico, to provide access to and training on U.S. </span />patent and trademark information via the Patent and Trademark Depository Library Program (PTDLP). </span /></p>
<p>One of my goals this year is to both revitalize and rebrand the program to </span />reflect the 21<sup>st</sup> century focus on electronic information dissemination and training. As part of this initiative, the USPTO is conducting a public roundtable to obtain input from organizations and individuals on current use of the PTDLs as well as how we can make them more useful, and a more substantial resource, in the future. The </span /><span lang="EN">roundtable will be held on February 15, 2011, from 1:30-3:00p.m. (ET) at the USPTO headquarters in Alexandria, Virginia and will also be webcast. </span></p>
<p style="MARGIN: 0pt"><span lang="EN">PTDLs are the face of USPTO in local communities – promoting a culture of innovation and entrepreneurship. </span>Specially trained staff show you how to perform a preliminary patent or trademark search using the search tools on the USPTO website. Staff cannot provide legal advice, but will show you how to locate legal practitioners to meet your needs. PTDLs also have access to a public version of the Web Based Examiner’s Search Tool (PubWEST), and staff can teach you how to use its powerful search features. </span /><span lang="EN">These are some of the current services being offered at PTDLs. We would like your input on additional services you would find helpful.</span></p>
<p style="MARGIN: 0pt"><span lang="EN"> </span></p>
<p><span lang="EN">Members of the public are welcome to attend the meeting. Limited seating is available on a first-come, first-served basis</span><span lang="EN"> </span>in the Madison Auditorium on the concourse level of the Madison Building, which is located at 600 Dulany Street, Alexandria, Virginia 22314.</span /><span lang="EN"> To access the webcast, visit: </span><a title="https://uspto.connectsolutions.com/ptdlp021511/" href="https://uspto.connectsolutions.com/ptdlp021511/" target="_blank"><span title="https://uspto.connectsolutions.com/ptdlp021511/">https://uspto.connectsolutions.com/ptdlp021511/</span></span /></a></p>
<p>Written comments may also be sent via e-mail to <a href="mailto:PTDL_comments@uspto.gov">PTDL_comments@uspto.gov</a>.</p>
<p>Thank you for your comments and for your continuing interest in improving the USPTO and our services to America's innovation community.</p>
https://www.uspto.gov/blog/director/entry/the_patent_cooperation_treaty_and
The Patent Cooperation Treaty and the USPTO
$entry.creator.screenName
2011-01-31T12:10:56-05:00
2013-02-22T07:26:08-05:00
<p><span style="COLOR: black"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p><span style="COLOR: black">We were recently honored to have EPO President Benoît Battistelli address the staff of the USPTO. In his address, President Battistelli mentioned the importance of the PCT and applauded USPTO's efforts to make improvements under the PCT. As such, I thought I’d take the opportunity to update you on what we’ve been doing with regard to PCT processing here at the USPTO. </span></p>
<p><span style="COLOR: black">The PCT Task Force, created in the fall of 2009 and comprised of individuals from Patent Operations, PCT Legal Administration, PCT Operations and External Affairs, held a public meeting in February 2010 to hear comments on how the USPTO could improve its performance as a Receiving Office (RO), an International Searching Authority (ISA), an International Preliminary Examining Authority (IPEA) and as a national Office. The feedback we received indicated that we needed to improve the timeliness of our processing and the quality of our work products so that more reliance can be given in national phase applications (35 U.S.C. 371 applications) to the search reports, written opinions and international preliminary examination reports prepared by the USPTO.</span></p>
<p><span style="COLOR: black">The Task Force has indeed focused on addressing the input we received from the IP community: improving timeliness of processing and quality of work products to maximize re-use potential. I’m extremely happy with the progress so far and am pleased to report on some of our achievements. In fiscal year 2010, the U.S. Receiving Office averaged just 13 days for processing new international applications compared to 60 days in FY2008. As an ISA, we mailed 82% of our search reports and written opinions within 16 months from priority and 91% within 18 months in FY2010. That is a huge improvement over the 23% and 37%, respectively, from 2008. Further, the national phase processing division of PCT Operations improved their pre-exam processing time for 35 U.S.C. 371 applications by 33% in FY2010. As to quality, we made modifications to PCT outsourcing contracts to improve the quality of our contractor-prepared search reports and written opinions, provided our contractors with training on classification, claim interpretation, and search strategy, and are now making a detailed search history of record in international applications along with the search report and written opinion.</span></p>
<p><span style="COLOR: black">Although these improvements are significant, we still have work to do. To start, we will continue to work with our contractors to improve the quality of the international searches and written opinions. Also, since the timeliness of our international preliminary examination reports under Chapter II of the PCT is not satisfactory, we are in the process of remapping our entire Chapter II process to find areas where we can make improvements. We are also further automating a number of processes, including the retrieval of PCT documents from the International Bureau for construction of 35 U.S.C. 371 applications and the transmittal of search copies of international applications to foreign International Searching Authorities. </span></p>
<p><span style="COLOR: black">We will also continue partnering with other IP Offices. Within the Trilateral context, we are doing a study on ISR re-use in national phase applications and will be working closely with the EPO and JPO to develop metrics to understand the extent of re-use and ways to enhance re-use potential in the future. Additionally, the USPTO, EPO and KIPO have recently concluded a Collaborative International Search and Examination pilot in which examiners from our Offices worked together to produce international search reports and written opinions. This pilot tested the feasibility of collaborative international searches and provided a general assessment of quality. A second larger phase of this pilot is planned for 2011 to build upon the lessons learned from the first phase and to provide a quantitative assessment of collaborative international search and examination.</span></p>
<p><span style="COLOR: black">So, my thanks for the great job done by our USPTO PCT Task Force. We’ve made really fine progress to date thanks to your diligent, thoughtful work. And I look forward to announcing more PCT achievements in 2011.</span></p>
https://www.uspto.gov/blog/director/entry/uspto_gets_agile
USPTO Gets Agile
$entry.creator.screenName
2011-01-24T09:38:54-05:00
2013-02-22T07:25:49-05:00
<p><span style="COLOR: black"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p><span style="COLOR: black">Since my first days at the USPTO, I’ve been committed to modernizing our outdated IT infrastructure. Modern tools are a cornerstone of our strategic direction to leverage 21st century technology to make your work easier, faster, and better. To deliver on that promise, and to rapidly transform our systems to achieve the agency’s goals, it’s essential that the USPTO learn to be more nimble in our approach to modernizing our systems. <br /> <br />Last May, John Owens, our CIO, directed a top to bottom review and enhancement of our procedure for developing IT products to embrace the “agile” development methodology. Traditionally, the USPTO utilized a “waterfall”’ development methodology that was characterized by several serial phases that resulted in long, drawn out delivery cycles. As a result, users had to wait many months and often years, to receive new functionality and tools with no guarantee that the delivered product would satisfy their needs. By contrast, agile is an iterative development methodology commonly used outside of the federal arena and is embraced at many successful technology companies. Agile emphasizes rapid delivery and user involvement from the beginning, to ensure successful delivery of tools that the users want and need. <br /> <br />In December, Vivek Kundra, the U.S. Chief Information Officer, unveiled an ambitious <a href="http://www.cio.gov/documents/25-Point-Implementation-Plan-to-Reform-Federal%20IT.pdf" target="_blank"><span style="COLOR: black; TEXT-DECORATION: none; text-underline: none">25 point plan</span></a> to reform federal information technology management. Included in this plan are agile techniques. Namely to take smaller steps, tweak them based on feedback from our stakeholders and current business needs, and end up with systems that deliver higher value and increased user satisfaction.</span></p>
<p><span style="COLOR: black">Agile does three fundamental things that are different from traditional methods. First, agile embraces change as a constant. Change is expected, constantly planned for, and prioritized in real-time as business needs change. Second, agile time-boxes risk into 30-90 day “sprints.” This “if you’re going to fail, fail early” risks only 30-90 days’ worth of project time instead of finding issues or quality concerns late in a multi-month or multi-year project. Finally, agile techniques allow us to incrementally deliver higher quality products with improved features that are based on our users’ needs.<br /> <br />Agile requires cultural change to be successful. The project teams contain users who interact and test throughout the sprint. The user can work with and exercise the results of the sprint and provide valuable feedback that can be quickly integrated into future iterations. Users can therefore see results and improvements in months rather than years! <br /> <br />We’ve made substantial progress in USPTO’s understanding of agile and are beginning to pilot several smaller initiatives using this new methodology. We hope to have a better understanding and more established processes for working in this environment in the coming months so that we can leverage this experience for marquee programs like “Patent End to End” and “Trademarks Next Generation.” Additionally we are launching extensive training for IT staff and users in agile and we are hiring program managers with deep agile.<br /> <br />As with all cultural changes, this one does come with some risks. As I mentioned, agile embraces, expects, and plans for changes, and to some extent failures, but due to the limited nature of the sprints, the risk and costs of such failures are small. Now it’s up to us to educate ourselves, stakeholders, users, customers and support the CIO that this is all part of the process and ultimately results in a much better product for the end users. <br /> <br />I applaud the hard working staff of the CIO’s office and other business units for undertaking this transition. I know embracing change can be difficult, but as we mature our understanding and acceptance of the principles of rapid development and delivery, we will all benefit by the delivery of modern and improved tools and technologies used in industry for over a decade to deliver high-value business functions faster.</span></p>
https://www.uspto.gov/blog/director/entry/reengineering_the_mpep_part_3
Reengineering the MPEP: Part 3
$entry.creator.screenName
2011-01-14T12:50:49-05:00
2013-02-22T07:10:25-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>If you’ve been following along with my blog for a while, you already know we’ve been looking at ways to reengineer the MPEP and TMEP. In <a href="http://www.uspto.gov/blog/director/entry/reengineering_the_mpep_part_2" target="_blank">Part 2 of this series</a> we reported that one important part of the new MPEP/TMEP philosophy would be continuous outreach and collaboration with the IP community to ensure the documents are accurate and current and maximally effective. There was broad consensus that there should be a tool that allows for outside contributions to the content of these manuals while ensuring that the USPTO is the keeper of the official versions of the documents.</p>
<p>I’m thrilled to announce to our readers that we have now put out what we believe is a radically new way for us to work in collaboration with colleagues and stakeholders in getting this important job done. The vehicle we chose to bring that philosophy to action is the Internet, more specifically an online discussion tool. Now for the first time in history, the IP world can work with the USPTO, together and collaboratively make the MPEP and TMEP into state-of-the-art practice documents.</p>
<p>Now what we're looking for is the IP community to get involved. Go to the <a href="http://uspto-mpep.ideascale.com/" target="_blank">MPEP</a> or the <a href="http://uspto-tmep.ideascale.com/" target="_blank">TMEP</a> discussion websites. Check them out. Join the discussion. Contribute to improve the MPEP and TMEP.</p>
<p>We'll be featuring a few chapters from each document on a rolling basis, so the opportunities to have a positive impact will be indefinite in duration.</p>
https://www.uspto.gov/blog/director/entry/new_pendency_measures_and_an
New Pendency Measures and an Update on Our Green Tech Program
$entry.creator.screenName
2011-01-13T10:17:59-05:00
2011-01-13T10:17:59-05:00
<p><em>Special Guest Blog by USPTO Commissioner for Patents Bob Stoll</em></p>
<p>In July, <a href="http://www.uspto.gov/blog/director/entry/rce_filings_the_facts" target="_blank">I wrote about RCE filings</a> in response to applicant concerns and discussed in detail the whys and hows of RCE filing. I realized the level of interest in tracking RCEs, so we created a new metric on our <a href="http://www.uspto.gov/dashboards/patents/main.dashxml" target="_blank">Dashboard</a>. The new measure, “Pendency from RCE Filing to Next Office Action” tracks pendency from time of the RCE filing to the mailing of the next office action. We present the metric as an average of all RCE filings. In December, the average time for this metric increased to 2.9 months from 2.6 months in November. We are hoping that this measure provides you with another facet of the patent prosecution system. </p>
<p>Our first quarter numbers look consistent or better than last year at this time. Looking at the traditional first action pendency it has declined again to an average of 24.6 months in December from 24.9 months in November. In addition, traditional total pendency remained unchanged from the previous month at 34.9 months. The USPTO continues to focus on reducing first action pendency in order to achieve overall pendency and backlog goals, and recent results have already reflected this focus. </p>
<p>Our filing numbers show a slight increase over last year, and this supports the larger economic picture of a slowly recovering economy. Preliminary UPR filing data through December shows that 124,056 applications have been received by the office to date this fiscal year, versus 116,331 over the same time last year. The backlog of applications awaiting first office action by examiners increased this month to 721,831. </p>
<p>Although not on our dashboard, we want to continue to provide you with updates on our <a href="http://www.uspto.gov/patents/init_events/green_tech.jsp" target="_blank">Green Technology Pilot Program</a>. As we <a href="http://www.uspto.gov/news/pr/2010/10_55.jsp" target="_blank">last reported in November 2010</a>, the Green Technology program was expanded and today the program is starting to take off. The expanded program is now open to any unexamined application. We have received 149 new petitions since November and nearly 1,000 applications have fast-tracked through this program. Of these applications, we have issued 156 patents since the program was launched a little more than one year ago. As Director Kappos noted in this blog, applicants who are using the program are seeing great results. In several cases, patent applications in the Green Technology Program have been issued within a year of the filing date. We foresee our Green Tech program playing a key role in fostering a foundation for growth and job creation in this emerging and important industry sector.</p>
https://www.uspto.gov/blog/director/entry/improving_key_patent_processes_and
Improving Key Patent Processes and Sub-processes
$entry.creator.screenName
2011-01-03T04:40:09-05:00
2013-02-22T07:26:36-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">As the Patents organization moves toward its goal of reducing the average total pendency of patent applications to 20 months by 2015, it is important to streamline all components of the examination process. Everyone plays a role – including of course our examiners and our quality assurance professionals and our searchers and our management team, as well as all of our support functions and our Board of Patent Appeals and Interferences and Central Reexamination Unit. The technical support staff plays a crucial role in this effort. And they are making substantial progress. I’d like to highlight areas where our technical support team is achieving real results.</span /> </span /></p>
<p style="MARGIN: 0pt"></span /> </p>
<p style="MARGIN: 0pt">In FY 2010 the Technology Center Technical Support Staff of 274 legal instrument examiners and legal document review clerks:</span /></p>
<ul type="disc">
<li style="MARGIN: 0pt">Entered more than 2.9 million documents;</span /> </span /></li>
<li style="MARGIN: 0pt">Verified more than 264,000 allowed patent applications;</span /> </span /></li>
<li style="MARGIN: 0pt">Reviewed and counted over 2,300,000 office actions; and</span /> </span /></li>
<li style="MARGIN: 0pt">Processed more than 257,000 new patent applications.</span /> </span /></li>
</ul>
<p style="MARGIN: 0pt">These stats represented all-time records for the USPTO, reflecting all-time record workflow through the Agency including interviews conducted, office actions processed, notices of allowance, and final rejections. </span /></p>
<p style="MARGIN: 0pt"></span /> </p>
<p style="MARGIN: 0pt">An example of the incredible effort put forth by our technical support staff is the reduction of amendment entry times over the 2009 fiscal year. At the end of FY 2009, the backlog of documents to be entered was over 170,000 and the average amendment entry time was 34.5 days. Not good at all. In response, the head supervisory legal instrument examiners reengineered the work distribution process to better balance workflow, and to ensure that all documents were entered in date order. As a result of their determined reengineering efforts, as of October 2010 the backlog of documents was reduced to about 15,000, with amendments being entered in 5.2 days on average. Additionally, the backlog of new applications to be processed was reduced from over 100,000 in FY 2009 to just 13,000 as of October 2010. </span /></p>
<p style="MARGIN: 0pt"></span /> </p>
<p style="MARGIN: 0pt">These are, quite simply, jaw-dropping improvements. And to top off the performance, the team engineered this dramatic reduction in the backlog of documents to be entered while at the same time maintaining the timeliness of other critical areas of their work processes. Really excellent. </span /></p>
<p style="MARGIN: 0pt"></span /> </p>
<p style="MARGIN: 0pt">A second example: Our post-examination technical support team has recently begun to focus on its cycle times. It faces the unique challenge of handling the increased rate of patent issuances coming through as we work off our backlog of unexamined patent applications. So just to keep pace, this team had to handle an increase of some 40,000 utility patents issuing in FY 2010 over FY2009. Building on successful process improvement efforts in the printer rush area from early in FY10 (printer rushes occur when an application has been allowed by the examiner, but a technical issue like claim renumbering causes the application to drop out of the issuance queue, requiring attention by technical support staff), the post-examination program analysts and quality control specialists established electronic upload and automated tracking of printer rush queries. As a means of reducing paper-based and e-mail inefficiencies, the team also improved its automation capability so that the post-examination applicant service representatives were able to immediately enter applicant's application data to facilitate issuance. </span /></p>
<p style="MARGIN: 0pt"></span /> </p>
<p style="MARGIN: 0pt">Here are the results so far from this effort:</span /></p>
<ul type="disc">
<li style="MARGIN: 0pt">For FY 2009, the average time from applicant's issue fee payment to issuance was 50 calendar days for 165,212 applications. </span /></li>
<li style="MARGIN: 0pt">For FY 2010, the average time from applicant's issue fee payment to issuance was 51 calendar days for 207,915. </span /></li>
<li style="MARGIN: 0pt">For FY 2011 to-date, the average time from applicant's issue fee payment to issuance is running at 43 calendar days for 39,064 applications. </span /></li>
</ul>
<p style="MARGIN: 0pt">This is an impressive eight-day (better than 15 percent) improvement in cycle time in less than one quarter. While there is more to do, the technical support team is again showing that it can achieve excellent results in cutting its processing times at USPTO. </span /></p>
<p style="MARGIN: 0pt"></span /> </p>
<p style="MARGIN: 0pt">So whether you are a USPTO employee, or a patent applicant, or a member of the patent bar prosecuting applications in front of the Agency, if you’ve been noticing processing times speeding up, now you know who is making that happen behind the scenes: our outstanding technical support staff.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"></span /></p>
<p style="MARGIN: 0pt">I would like to thank and recognize the technical support staff – of course for the Patents organization but also throughout the USPTO -- for your hard work and dedication, and most importantly for your clear, measurable accomplishments. Reducing pendency is a challenging goal, requiring team effort among all employees playing a role in patent application processing. The technical support staff’s contributions are vital to our Agency putting Americans to work, putting new products and services into the marketplace, and creating opportunity for our country and for the world. </span /></p>
https://www.uspto.gov/blog/director/entry/expanding_our_communications_and_public
Expanding our Communications and Public Engagement
$entry.creator.screenName
2010-12-20T10:36:10-05:00
2013-02-22T07:26:50-05:00
<p style="MARGIN: 0pt 0pt 12pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt 0pt 12pt">As the end of the year approaches, I’d like to reflect on our accomplishments in the areas of communications and outreach. I am particularly proud of the work we have done to inform the public and engage our stakeholders in a proactive and transparent communications effort. </span /></p>
<p style="MARGIN: 0pt 0pt 12pt">This year we greatly expanded opportunities to inform the public and to seek input from our stakeholders: </span /></p>
<ul type="disc">
<li style="MARGIN: 0pt 0pt 12pt">Building on the success of the weekly Director’s Forum blog, we expanded our use of social media channels in 2010. By using popular social media tools such as <a title="http://www.facebook.com/uspto.gov" href="http://www.facebook.com/uspto.gov"><font color="#606420">Facebook</font></a></span /> and <a title="http://www.twitter.com/uspto" href="http://www.twitter.com/uspto"><font color="#606420">Twitter</font></a></span /> we are able to share information with a much wider audience. Our website will always be the news source of record for the USPTO, but Facebook and Twitter allow us to engage and interact with the public in new ways and to reach a broader audience. </li>
<li style="MARGIN: 0pt 0pt 12pt">Our <a title="http://www.uspto.gov/dashboards/patents/main.dashxml" href="http://www.uspto.gov/dashboards/patents/main.dashxml"><font color="#606420">Data Visualization Center</font></a></span />, or “dashboard,” allows our stakeholders to monitor our progress each month in a number of key performance metrics such as patent pendency and our backlog. When we’re reaching our goals—and when we’re not—our stakeholders will be able to track our progress on a monthly basis as this data is updated regularly and accompanied by a guest blog from Commissioner Stoll to add context. Look for additional metrics from Trademarks and other business areas to be added in the coming months. </li>
<li style="MARGIN: 0pt 0pt 12pt">This year we also launched “<a title="http://www.uspto.gov/inventors/independent/eye/201011/index.jsp" href="http://www.uspto.gov/inventors/independent/eye/201011/index.jsp"><font color="#606420">Inventors Eye</font></a></span />”—a bi-monthly newsletter for the independent inventor community. Each issue covers topics of interest to independent inventors; and stories about people who have become successful inventors. It also includes tips on working with the USPTO; information on events, organizations and meetings of interest to the inventor community. </li>
<li style="MARGIN: 0pt 0pt 12pt">We also launched the <a title="http://www.uspto.gov/blog/feedback/" href="http://www.uspto.gov/blog/feedback/"><font color="#606420">Feedback Channel</font></a></span />—where the public can comment on various USPTO initiatives including the <a title="http://www.uspto.gov/patents/init_events/green_tech.jsp" href="http://www.uspto.gov/patents/init_events/green_tech.jsp"><font color="#606420">Green Tech pilot program</font></a>, <a title="http://www.uspto.gov/patents/init_events/PatentStimulusPlan.jsp" href="http://www.uspto.gov/patents/init_events/PatentStimulusPlan.jsp"><font color="#606420">Project Exchange</font></a> and others. </li>
<li style="MARGIN: 0pt 0pt 12pt">Today, I’m excited to <a title="http://www.uspto.gov/news/pr/2010/10_67.jsp" href="http://www.uspto.gov/news/pr/2010/10_67.jsp"><font color="#606420">announce</font></a> the establishment of the USPTO Subscription Center at www.uspto.gov/subscribe. This one-stop online hub enables the public to sign up to receive one or more “subscriptions” via email, including press releases, Director's Forum blog posts, new issues of "Inventor's Eye," a new monthly recap of recent USPTO activities, and patent and trademark alerts. We think this provides a convenient way for people to stay current with the latest information from the USPTO. I hope anyone who follows what we do here will take the opportunity to sign up. </li>
</ul>
<p style="MARGIN: 0pt 0pt 12pt">I hope you will take advantage of these resources to stay informed of the latest news from the USPTO. If you have suggestions on how we can continue to improve our communications, we would welcome your comments. </span /></span /></p>
<p style="MARGIN: 0pt 0pt 12pt">Thanks, as always, for your feedback. And happy holidays.</span /></p>
https://www.uspto.gov/blog/director/entry/great_progress_on_goals
Great Progress on Goals
$entry.creator.screenName
2010-12-10T11:31:44-05:00
2010-12-14T08:34:27-05:00
<p style="MARGIN: 0in 0in 0pt" class="MsoNormal"><strong>Special Guest Blog by USPTO Commissioner for Patents Bob Stoll</strong></p>
<p style="MARGIN: 0in 0in 0pt" class="MsoNormal"> </p>
<p style="MARGIN: 0in 0in 0pt" class="MsoNormal">Traditional first action pendency declined again to an average of 24.9 months for <a href="http://www.uspto.gov/dashboards/patents/main.dashxml">November </a>from 25.4 months in October.<span style="mso-spacerun: yes"> </span>In addition, traditional t<span style="COLOR: black">otal pendency decreased from an average of 35.3 months to 34.9 months.</span><span style="mso-spacerun: yes"> </span>The Patent Business Unit is currently focusing on reducing first action pendency in order to achieve the overall pendency and backlog goals, and recent results have already reflected this focus.<span style="mso-spacerun: yes"> </span>Our ability to achieve these goals may be impacted by several factors, including: application filings, which may be largely driven by the economy; improvements in process efficiencies and elimination of redundancies; the retention rate of examiners; our ability to outsource foreign (PCT) applications processing; use of overtime; and our ability to hire new examiners. The timing and interaction of these factors have significant impact on our long-term goals, and greatly affect our interim result at any given time. </p>
<p style="MARGIN: 0in 0in 0pt" class="MsoNormal"> </p>
<p style="MARGIN: 0in 0in 0pt" class="MsoNormal">Overall, though, in looking at the <a href="http://www.uspto.gov/dashboards/patents/main.dashxml">November 2010 data</a>, it is important to remember that many of statistics on the dashboard are displayed as fiscal year averages. Since it is the second month of the new fiscal year, it is not uncommon to see a slight dip in some of the numbers. For example, the UPR allowance rate is a fiscal year average and historically there is a drop in this rate at the beginning of each fiscal year.<br /><br />The backlog of applications awaiting first office action by examiners increased this month to 719,176.<span style="mso-spacerun: yes"> </span>Historically, we see similar growth in the backlog at the start of each fiscal year.<span style="mso-spacerun: yes"> </span><span style="COLOR: black">Preliminary UPR filing <a href="http://www.uspto.gov/dashboards/patents/main.dashxml">data</a> through November shows that 79,878 applications have been received by the Office, versus 74,381 over the same time last year. </span>The successful Green Technology program continues to show strong growth. Total petitions received to date have increased to 1,761, with an overall approval rate of 52.7%.<span style="mso-spacerun: yes"> </span>In addition, 120 patents have been issued under this program.<br /><br />As always, we will continue to respond to the needs of our stakeholders by enhancing the information available and making adjustments to improve the user experience. </p>
<p> </p>
https://www.uspto.gov/blog/director/entry/enhancing_electronic_communications_for_trademarks
Enhancing Electronic Communications for Trademarks
$entry.creator.screenName
2010-12-06T11:59:40-05:00
2013-02-22T07:27:10-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">This past Friday, December 3, the USPTO welcomed members of <a title="http://www.aipla.org/" href="http://www.aipla.org/" target="_blank"><font color="#606420">AIPLA</font></a>, <a href="http://www.ipo.org//AM/Template.cfm?Section=Home&WebsiteKey=03f56e92-1ff0-4e7b-9660-d211cf71e103">IPO</a>, <a title="http://inta.org/" href="http://inta.org/" target="_blank"><font color="#606420">INTA</font></a> and members of the public in a roundtable discussion to highlight best practices for trademark prosecution in the current electronic environment and obtain feedback on the state of electronic communications within Trademarks. I was pleased to join in part of the meeting, and listen to a very productive, thoughtful discussion. If you missed it, we’ll be posting the archived webcast <a href="http://www.uspto.gov/trademarks/index.jsp"><font color="#606420">here </font></a>in the coming days.<br /></span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Based on the common goals of creating the most efficient Trademark review system for brand owners and reducing the use of paper, USPTO leaders and roundtable participants engaged in a lively and productive exchange of ideas. The discussion topics ranged from the evolution of the USPTO’s e-commerce systems over the past 10 years to addressing the reasons why trademark practitioners choose to use—or choose not to use—the <a href="http://www.uspto.gov/trademarks/teas/index.jsp"><font color="#606420">Trademark Electronic Application System (TEAS)</font></a>. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">Participants who authorize e-mail correspondence during trademark prosecution discussed docketing software, correspondence routing and record keeping practices. They also debated the perceived advantages and limitations of receiving e-mail correspondence, as well as changes the USPTO can consider implementing to incentivize the authorization of e-mail as a correspondence tool.</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">Roundtable participants also discussed advantages of filing documents using TEAS and ways to encourage the further reduction of paper filings. Trademark Commissioner Lynne Beresford indicated that USPTO is considering charging fees for paper filing as one means of aligning fees with cost drivers (as you can imagine, paper filings are expensive and inefficient for the Office to handle).</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">The group came up with a list of best practices for trademark applicants and the USPTO to consider, including creating appropriate back-ups and contingencies in operations to handle unexpected circumstances, setting up internal client communication reminders, using TEAS sooner to avoid delays, and working with IT departments to make sure USPTO e-mails get through to the appropriate applicant contacts (attorney, paralegal, secretary, etc.). <b> </b>We plan to post that list very soon, as we think it will be helpful for TEAS users.</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">Without question, the nature of e-commerce is ever-evolving. As new electronic tools and processes are made available to the marketplace, the USPTO will continue these forums to ensure that trademark owners reap the rewards of these tools. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">While I’m pleased that the vast majority of trademark filers are interfacing with the USPTO electronically, I’d like to get that number to 100 percent. What can we do at the USPTO to enable and encourage all trademark filers to use the Web to prosecute their applications and communicate with the office? Feel free to post your comments here, or send them to <a href="mailto:TMFeedback@uspto.gov">TMFeedback@uspto.gov</a>.</span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Thanks, as always, for your feedback.</span /></p>
<p style="MARGIN: 0pt"> </p>
https://www.uspto.gov/blog/director/entry/expansion_of_the_uspto_s
Expansion of the USPTO’s Green Technology Pilot
$entry.creator.screenName
2010-11-22T12:27:18-05:00
2013-02-22T07:27:25-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Recently we <a href="http://www.uspto.gov/news/pr/2010/10_55.jsp"><font color="#606420">announced</font></a> the extension of the deadline to participate in the USPTO’s Green Technology Pilot until December 31, 2011, or until 3,000 applications have been accepted into the pilot. Additionally we have eliminated the previous requirement that Green Technology Patent applications had to be filed with the USPTO before December 8, 2009, in order to be eligible for consideration under the program.</span /></p>
<p style="MARGIN: 0pt"><br />Meanwhile, the pace of innovation is increasing in all areas of green technology -- wind, solar, fuel cells, biomass, and geothermal, to name a few -- and I believe the USPTO should assist the inventor community in seeing the results of their efforts more quickly. So now, all unexamined pending and newly filed applications that qualify are eligible for participation in this pilot.<br /><br />I am really pleased with this latest expansion of our Green Technology Pilot program, and with the reaction of our user community. A year ago, I wrote that if successful, the program may be expanded down the road. Well, here we are, down the road, and we have successfully accelerated the examination of many green technology patent applications. To date, there have been some 800 petitions granted for entry into the Green Technology Pilot, and 106 of these applications with granted petitions have already been issued as U.S. patents. <br /><br />Program statistics show that stakeholders participating in the Green Tech Pilot can obtain patents much more quickly as compared to the standard examination process. Currently, the average time between granting of a Green Technology petition and first office action on the merits is just 49 days. In many instances, applicants have had their Green Technology inventions patented in less than one year from the application filing date. <br /><br />Julie Muyco, patent agent for <a href="http://calera.com/"><font color="#606420">Calera Corporation</font></a>, noted, “Calera Corporation found that participating in the Green Technology Pilot Program has been extremely beneficial. Our participating applications were accelerated by more than a year and examined by responsive, cooperative examiners who were willing to work with us to define patentable subject matter in an expedient manner.”<br /><br />Similar sentiments were expressed by Matt Prater, Patent Attorney for Schwegman, Lundberg & Woessner, who noted, “I used the Green Technology Pilot Program to go from filing to allowance in 13 months.” Mr. Prater also noted that the accelerated examination accorded to Green patent applications provided “a great outcome for my client.” <br /><br />Palo Alto-based attorney Richard Ogawa shared his own success with the program with <a href="http://www.bloomberg.com/news/2010-11-10/-green-technology-patent-program-is-extended-for-one-year-by-u-s-agency.html"><font color="#606420">Bloomberg News</font></a>. He told reporter Susan Decker that his clients who used the Green Technology Pilot have been able to get their patents examined much more quickly and that they intend to seek more patents under the program.<br /><br />Skyline Solar, manufacturer of High Gain Solar (HGS) arrays for the commercial, industrial, government and utility markets, recently <a href="http://www.skyline-solar.com/press_11102010.htm"><font color="#606420">announced</font></a> that it has secured two patents through the Green Technology Pilot. In its press release, CEO Thomas Rohrs said, "The Green Technology Pilot Program has been critical to establishing the integrity of our intellectual property with potential customers, partners and investors, and has had a significant impact on the solar industry as a whole.”<br /><br />Under the expansion of this pilot, we continue to advance the examination of green technology patents. And, earlier issuance of green technology patents enables inventors to secure funding, create new jobs and businesses, and bring vital green technologies into use much sooner. <br /><br />I am extremely proud of the dedication that our patent examiners, union partners, and management at the USPTO have shown in support of this effort. And I'm thankful for the trust U.S. innovators have put in us by using the program so vigorously.<br /><br />I’m interested in hearing your thoughts on the pilot. What, if anything, can we do to enhance the program further, and how can we encourage more applicants to take advantage of it? Any ideas or solutions you have, please send them along.</span /></p>
https://www.uspto.gov/blog/director/entry/proposed_rulemaking_to_simplify_and
Proposed Rulemaking to Simplify and Streamline Ex Parte Appeals
$entry.creator.screenName
2010-11-15T10:22:13-05:00
2013-02-22T07:13:38-05:00
<p style="MARGIN: 0pt 0pt 12pt"><span><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p style="MARGIN: 0pt 0pt 12pt"><span>You may recall our recent <u><a title="http://www.uspto.gov/blog/director/entry/streamlining_the_appeals_process_and" href="http://www.uspto.gov/blog/director/entry/streamlining_the_appeals_process_and"><font color="#606420">efforts</font></a></u> to streamline the appeals process by vesting the Board with the sole authority to hold an appeal brief noncompliant. This has led to a dramatic <u><a title="http://www.uspto.gov/ip/boards/bpai/dashboards/exapplbrc/index.jsp" href="http://www.uspto.gov/ip/boards/bpai/dashboards/exapplbrc/index.jsp"><font color="#606420">reduction</font></a></u> in the percent of briefs that are “bounced” due to minor technical flaws. But that was only the beginning. </span></p>
<p style="MARGIN: 0pt 0pt 12pt"><span>To further simplify and streamline the appeals process, the USPTO has now published a <a href="http://www.gpo.gov/fdsys/pkg/FR-2010-11-15/pdf/2010-28493.pdf"><font color="#606420">notice</font></a> of proposed rulemaking that proposes to rescind the stayed 2008 Final Rule and asks for your comments on a number of proposed changes to the rules currently governing <em>ex parte</em> appeals. These changes are being proposed after carefully considering the comments that we received both at the public roundtable of January 2010 and in response to the advance notice of December 2009.</span></p>
<p style="MARGIN: 0pt 0pt 6pt"><span>In short, the notice of proposed rulemaking proposes to:</span></p>
<ul style="MARGIN-TOP: 0pt" type="disc">
<li style="MARGIN: 0pt 0pt 6pt"><span>Rescind the stayed 2008 <a title="http://www.uspto.gov/web/offices/com/sol/notices/73fr32938.pdf" href="http://www.uspto.gov/web/offices/com/sol/notices/73fr32938.pdf"><font color="#606420">Final Rule</font></a>.</span><span> </span></li>
<li style="MARGIN: 0pt 0pt 6pt"><span>Eliminate a number of briefing requirements that ask for information that is readily available in the file history (e.g., statements of the status of claims, status of amendments, grounds of rejection to be reviewed on appeal, the claims appendix, evidence appendix, and related proceedings appendix).</span><span> </span></li>
<li style="MARGIN: 0pt 0pt 6pt"><span>Provide that only those claim limitations in dispute will need to be identified in the statement of the summary of the claimed subject matter.</span><span> </span></li>
<li style="MARGIN: 0pt 0pt 6pt"><span>Provide that any dependent claims that are separately argued will need to be called out in a subheading (a best practice of many applicants, and one that ensures that separate arguments are not overlooked).</span><span> </span></li>
<li style="MARGIN: 0pt 0pt 6pt"><span>Provide for a simplified examiner’s answer that focuses on addressing the applicant’s arguments rather than repeating the final rejection.</span><span> </span></li>
<li style="MARGIN: 0pt 0pt 6pt"><span>Provide that the Board will presume that all claims under rejection are on appeal unless the applicant cancels the claims, thereby eliminating the unintended cancellation of claims by the examiner.</span><span> </span></li>
<li style="MARGIN: 0pt 0pt 6pt"><span>Provide that any new evidence relied upon in a rejection set forth in an examiner’s answer shall be designated as a new ground of rejection (the notice also includes a good survey of case law to help determine what constitutes a new ground of rejection).</span><span> </span></li>
<li style="MARGIN: 0pt 0pt 6pt"><span>Create a specified procedure for petitioning an undesignated new ground of rejection in an examiner’s answer, which will toll the time for filing a reply brief and thereby eliminate the need to seek an extension for the reply brief.</span><span> </span></li>
<li style="MARGIN: 0pt 0pt 6pt"><span>No longer require examiners to “acknowledge” receipt of reply briefs before jurisdiction passes to the Board, thus giving the Board jurisdiction immediately upon filing of the reply brief.</span><span> </span></li>
<li style="MARGIN: 0pt 0pt 6pt"><span>Require the Board panel to affirm or reverse the rejections on the merits (any remand that does not decide the appeal on the merits will require the Director’s approval).</span><span> </span></li>
</ul>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt 0pt 12pt"><span>These are just some of the changes in the notice which we think will improve appellate practice. We invite you to read the full <a href="http://www.gpo.gov/fdsys/pkg/FR-2010-11-15/pdf/2010-28493.pdf"><font color="#606420">notice</font></a> and submit your comments to <a href="mailto:BPAI.Rules@uspto.gov">BPAI.Rules@uspto.gov</a>.</span></p>
<p style="MARGIN: 0pt"><span>Thanks, as always, for your feedback.</span></p>
https://www.uspto.gov/blog/director/entry/first_action_pendency_and_rces
First Action Pendency and RCEs Drop in October
$entry.creator.screenName
2010-11-10T11:49:36-05:00
2010-11-10T12:31:19-05:00
<p style="MARGIN: 0in 0in 0pt" class="MsoNormal">Special Guest Blog by USPTO Commissioner for Patents Bob Stoll</p>
<p style="MARGIN: 0in 0in 0pt" class="MsoNormal"> </p>
<p style="MARGIN: 0in 0in 0pt" class="MsoNormal">The latest figures from the USPTO show that during the past month there was a continued improvement in traditional first action pendency. The October figure is 25.4 months, down from September’s 25.7 months. The October <a href="http://www.uspto.gov/dashboards/patents/main.dashxml">data </a>also shows a fairly large decrease in the number of Requests for Continuations (RCEs) from this time last year. The current figure is 6,526, which is preliminary and will most likely increase in the future.<span style="mso-spacerun: yes"> </span>However, it is expected to stay well under the October 2009 level which was 11,301.<br /><br />Overall, in looking at the October 2010 data, though, <span style="mso-spacerun: yes"> </span>it is important to remember that many of statistics on the <a href="http://www.uspto.gov/dashboards/patents/main.dashxml">dashboard </a>are displayed as fiscal year averages. Since it is the first month of the new fiscal year, it is not uncommon to see a slight dip in some of the numbers. The UPR allowance rate, for example, is a fiscal year average and historically we see a drop in the allowance rate at the beginning of each new fiscal year.<br /><br />The backlog of applications awaiting first office action by examiners increased this month to 716,428. <span style="mso-spacerun: yes"> </span>Historically, we see similar growth in the backlog at the start of each fiscal year. <span style="mso-spacerun: yes"> </span><br /><br />Our successful Green Technology program continues to show strong growth. Total petitions received to date have increased to 1,595, with an overall approval rate of over 51%.<span style="mso-spacerun: yes"> </span>In addition, 94 patents have been issued under this program.<br /><br />We continue to receive positive feedback from our stakeholders regarding the information contained in the <place w:st="on" /><placename w:st="on" /><a href="http://www.uspto.gov/dashboards/patents/main.dashxml">Data</placename /> <placename w:st="on" />Visualization</placename /> <placetype w:st="on" />Center</placetype /></place /></a>. <span style="mso-spacerun: yes"> </span>As fiscal year 2011 progresses, we will continue to respond to the needs of our stakeholders by enhancing the information available and making adjustments to improve the user experience. </p>
<p> </p>
<p> </p>
https://www.uspto.gov/blog/director/entry/uspto_2010_2015_strategic_plan
USPTO 2010-2015 Strategic Plan Released
$entry.creator.screenName
2010-10-22T13:07:37-04:00
2010-10-22T13:08:45-04:00
<p>Special Guest Blog by USPTO Deputy Director Sharon Barner</p>
<p style="MARGIN: 0pt">Director Kappos and I are pleased to announce the release of the final version of the <b><i>USPTO 2010-2015 Strategic Plan</i></b> at <a title="http://www.uspto.gov/strategicplan2010" href="http://www.uspto.gov/strategicplan2010">www.uspto.gov/strategicplan2010</a>.</span /></p>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt"> </p>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt">The plan is designed to strengthen the capacity of the USPTO to achieve its goals, improve the quality of patents and trademarks issued, and shorten the time it takes to get a patent. The plan, as fully implemented, will enhance and accelerate the innovation and job growth needed to transform the U.S. economy, foster competitiveness, and drive the creation and growth of U.S. businesses.</span /></p>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt"> </p>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt">A key feature of the <b><i>USPTO 2010-2015 Strategic Plan</i></b> is the Balanced Scorecard—a detailed chart showing how each of our many initiatives supports a particular goal, along with associated performance metrics linked to action plans that will provide meaningful information on the status and performance of each initiative. This scorecard will be used as a management tool: progress under the plan will be reported to Director Kappos and senior management on a regular basis.</span /></p>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt"> </p>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt">In developing this plan, we solicited input from interested parties, including the public, stakeholders, and employees. Three employee sessions were held on July 20-22 to present the draft and to solicit employee feedback. We presented the draft to our Patent Public Advisory Committee and the Trademark Public Advisory Committee. We also posted the draft on our Web site, published a <i>Federal Register</i> notice announcing its availability for review and comment, and created a dedicated email address for the purpose of obtaining comments. Finally, we shared a draft of the plan with the Department of Commerce, the Office of Management and Budget, and Congress. </span /></p>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt"> </p>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt">We took your feedback seriously. Let me list a few examples of how the plan was improved based on comments from our employees and the public. Based on your feedback, we have:</span /></p>
<ul style="MARGIN-TOP: 0pt" type="disc">
<li style="TEXT-ALIGN: justify; MARGIN: 0pt">Aligned every goal, objective, and initiative in the Balanced Scorecard so that they correspond exactly with the DOC themes and USPTO goals and objectives described in greater detail the preceding text of the plan; </span /></li>
<li style="TEXT-ALIGN: justify; MARGIN: 0pt">Added an initiative to consolidate the oversight and coordination of the USPTO’s many educational and outreach initiatives, including those focused on elementary, middle school, high school, and university students; </span /></li>
<li style="TEXT-ALIGN: justify; MARGIN: 0pt">Added greater emphasis on the quality and timeliness of international search reports and written opinions, thereby maximizing the potential for re-use of work in the Patent Cooperation Treaty national phase; </span /></li>
<li style="TEXT-ALIGN: justify; MARGIN: 0pt">Emphasized that “work sharing” implies the leveraging, or reutilization of work to the maximum extent reasonable, rather than mutual recognition. </span /></li>
</ul>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt"> </p>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt">These are just some examples of how comments such as yours have shaped our plan. To the extent that comments were focused on the implementation details of a particular initiative, they will be considered during the design and implementation phase of that initiative. You will have additional opportunities to submit comments when these initiatives are announced in the <i>Federal Register</i>, at public roundtables, and here on this blog.</span /></p>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt"> </p>
<p style="TEXT-ALIGN: justify; MARGIN: 0pt">Thank you again for your comments and for your continuing interest in improving the USPTO.</p>
https://www.uspto.gov/blog/director/entry/taking_steps_to_improve_patent
Taking Steps to Improve Patent Quality
$entry.creator.screenName
2010-10-19T11:50:30-04:00
2013-02-22T07:13:08-05:00
<div>
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Last month, I asked both USPTO staff and our external stakeholders to provide input on what USPTO management could do to help examiners conduct high quality examinations. The response was phenomenal and I thank you for your suggestions which covered the gamut from providing examiners with more technical training to enhancing the quality feedback loop by hiring more Quality Assurance Specialists (QAS). We will be exploring many of your suggestions, and where feasible, we will attempt to incorporate them in our business processes.<br /><br />In the meantime, I wanted to give you an update on a few of our current initiatives that we will continue or launch in FY11. Over the last several months, we have offered refresher training at the Patent Training Academy and covered nearly 20 topics such as prior art, claim interpretation, and search strategy. Based on attendee feedback, we will continue to ensure examiners get the legal and procedural training they need throughout their careers.<br /><br />As for technical training, I was pleased to have announced our </span /><a href="http://www.uspto.gov/news/pr/2010/10_40.jsp"><font color="#606420">Patent Examiner Technical Training Program</font></a> on September 15th. This program is designed to provide patent examiners with access to scientists and experts who will share their technical knowledge of the state of the art, prior art and industry standards.<br /><br />On a parallel path, we have recently announced </span /><a href="http://www.uspto.gov/news/pr/2010/10_48.jsp"><font color="#606420">significant changes to our patent quality measurement methodology</font></a>. We will begin using these new measures this fiscal year. The new measures include seven aspects of the examination process:<br /><br />(1) The quality of the action allowing or finally rejecting the application,<br /><br />(2) The quality of the actions taken during the course of examination,<br /><br />(3) The use of best search practices in the examiner's initial search for prior art,<br /><br />(4) The use of best examination practices in the first action on the merits,<br /><br />(5) Trends in compact and efficient examination as reflected in aggregate USPTO data,<br /><br />(6) The perceptions of applicants and practitioners as measured by surveys, and<br /><br />(7) The perceptions of examiners as measured by surveys.<br /><br />The resultant quality composite metric provides a more comprehensive measurement of quality and will reveal the presence of quality issues arising during the various stages of examination. This will allow us to address problems by providing appropriate training, as well as to identify and encourage best practices. <br /><br />Development of this new metric would not have been possible without the extensive and thoughtful participation of the IP community and the USPTO team. I’d like to thank all of those who participated in this project, both inside and outside the USPTO, for their efforts in taking a fresh look at measuring examination quality. And I think this new methodology will take us a long way towards better measurement of examination quality.<br /><br />Summarizing a comment received from an examiner: quality patent examination comes from 1) understanding the invention and claims; 2) formulating a search that finds the most relevant art; and 3) clearly communicating your position on all aspects of patentability. As we move forward, I am confident we will continue to stress these fundamentals of examination in all of our quality initiatives.</span /></p><br /></font />
</div>
https://www.uspto.gov/blog/director/entry/reflections_on_the_uspto_dashboard
Reflections on the USPTO Dashboard
$entry.creator.screenName
2010-10-13T06:31:35-04:00
2013-02-22T07:12:39-05:00
<p><font size="2" face="times new roman,times,serif"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></font></p>
<p><font size="2" face="times new roman,times,serif">It is great to see the comments we’ve received since posting the initial <place w:st="on" /><placename w:st="on" /><a href="http://www.uspto.gov/dashboards/patents/main.dashxml">Data</placename /> <placename w:st="on" />Visualization</placename /> <placetype w:st="on" />Center</a></placetype /></place /> dashboard on September 7. Beginning this month, the USPTO will provide updates to the dashboard on or about the 10th of each. Month. </font></p>
<p><font size="2" face="times new roman,times,serif"> The September data we are posting presently shows a significant decrease in the backlog – down to 708,000 -- coupled with improvements in quality and increases in our work output across the board – from allowances to rejections to interviews, to name a few items. In short, we are doing more of everything and we think that is a good thing.</font></p>
<p><font size="2" face="times new roman,times,serif"> All in all, Fiscal Year 2010 was a remarkable year for our Patents team and the September dashboard data reflects that. During the last 12 months, <span style="COLOR: black">patent processing systems were closely studied to determine where improvements could be made to provide the greatest increase in efficiency, examination capacity, and workflow. Patents then executed these improvements across the board.</span> </font></p>
<p><font size="2" face="times new roman,times,serif"> <span style="COLOR: black">The Compact Prosecution concept is a collection of changes in examination practice and culture. They encourage examiners to find the core issues in a patent application and resolve those issues early in prosecution. The result is reflected in the September data postings which show a decrease in actions per disposal.</span> </font></p>
<p><font size="2"><font face="times new roman,times,serif"> <span style="COLOR: black">Overall in FY 2010, the allowance rate increased to 45.6%, compared to an allowance rate of 41.3% in FY 2009. In addition, actions per disposal decreased to 2.42 from 2.73 in FY 2009. Furthermore, as a result of a concerted campaign to begin turning the tide on our backlog, the patent application backlog dropped from 718,835 at the end of FY 2009, to 708,535 at the end of FY 2010. Pretty remarkable considering that application filings were up about 4%, that our examiner workforce shrunk and we were unable to authorize overtime for most of the year due to funding challenges, and that we affirmatively gave our examiners *more* time to examine each application as a clear signal that quality is our first priority. </span></font></font></p>
<p><font size="2" face="times new roman,times,serif"> <span style="COLOR: black">Finally, the September figures show that there has been a further</span> improvement in patent examination quality. The final rejection and allowance compliance rates (our existing quality measures previous to our announcement just last week of 5 new quality measures we will use starting immediately) increased from 94.4% in FY 2009 to 96.3% in FY 2010, and the non-final in-process compliance rate increased from 93.6% in FY 2009 to 94.9% in FY 2010. </font></p>
<p><font size="2"><font face="times new roman,times,serif"> So, while we still have a lot of work to do, I think we are on the right path. I’ll look forward to reviewing the monthly updates to the <a href="http://www.uspto.gov/dashboards/patents/main.dashxml">Dashboard,</a> and I hope you will review them also each month to keep up with our progress and challenges at USPTO.<span style="FONT-FAMILY: Calibri"> </span></font></font></p>
https://www.uspto.gov/blog/director/entry/national_trademark_expo_to_be
National Trademark Expo to be Held October 15-16 at USPTO
$entry.creator.screenName
2010-10-10T11:27:09-04:00
2013-02-11T05:18:34-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p><font color="#000000">
<p style="MARGIN: 0pt"><font size="2"></font></p>
<p style="MARGIN: 0pt"><font size="2">If you are in the Washington, D.C., area on October 15 and 16, be sure to stop by the United States Patent and Trademark Office main campus in Alexandria, Va., for the USPTO’s third annual National Trademark Expo. The two-day event is designed to engage the public and educate consumers about the vital role trademarks play in the global economy. PTO staff will conduct informational sessions for individuals and small business owners interested in learning how to search for trademarks on the USPTO’s TESS Database as well as how to file a trademark application via the Internet.<br /><br />The National Trademark Expo is free and open to the public. The event is fun and educational for the entire family and will feature numerous costumed characters for well-recognized brands as well as a story time for children with storybook character participation. Exhibitors from around the country will tell their stories of how trademark protection has helped their businesses grow. Take a tour through the displays that cover the evolution of particular trademarks over the past 100 years, how to tell counterfeit products from genuine articles, and unusual trademarks that feature color schemes, sounds, characters, and product shapes, as well as other trademark facts and trivia.<br /><br />The National Trademark Expo will be held from 10 a.m. to 6 p.m. on Friday, October 15 and from 10 a.m. to 4 p.m. on Saturday, October 16 on our campus at 600 Dulany Street in Alexandria, Va.. The campus is a five-minute walk from the King Street Metro Station.<br /><br />While at the National Trademark Expo, be sure to stop by the National Inventor’s Hall of Fame and Museum located on the first floor of the James Madison Building. The “Inventive Eats” exhibit features historical information about patents and trademarks related to food and food production. Admission to the museum is free.<br /><br />I hope to see you at the PTO for this year's National Trademark Expo. </span /></font></p><br /></font>
https://www.uspto.gov/blog/director/entry/uspto_guest_blog_visiting_the
USPTO Guest Blog: Visiting the USPTO, By Commerce Secretary Gary Locke
$entry.creator.screenName
2010-10-07T14:24:20-04:00
2013-02-08T11:31:46-05:00
<p style="MARGIN: 0pt"><span><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p style="MARGIN: 0pt"><span></span></p>
<p style="MARGIN: 0pt"><span>On Wednesday, I met with employees at the USPTO headquarters to personally thank them for their outstanding progress over the past year toward reducing the patent backlog and encourage them to continue their great work as they get within striking distance of bringing the number of pending patent applications down from 750,000 to below 700,000, representing the first significant reduction in the patent backlog in a decade.</span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>Under financial constraints, this agency and the men and women who work here are making a tremendous effort to help bring the patent system and the USPTO into the 21<sup>st</sup> century.</span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>The work being done at USPTO is central to President Obama’s goal of rebuilding America’s economic foundation. This agency has kept the United States globally competitive by creating a culture of innovation and entrepreneurship that fosters both small businesses and giant industries and is a key component of job creation and a thriving economy.</span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>I told the group how pleased we were to see that Congress appropriated $129 million in supplemental funding to enable the USPTO to access more of its fee collections for the essential work the agency is doing.</span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>I also was pleased to note that in addition to reducing the patent backlog, the agency has been moving forward on a number of fronts to provide the highest level of service to inventors, innovators and creators. While the patent office tends to draw a lot of attention, there is also great work going on throughout the agency within the trademark team, the external affairs operation and other departments. Among these: </span></p>
<p style="MARGIN: 0pt"> </p>
<ul style="MARGIN-TOP: 0pt" type="disc">
<li style="MARGIN: 0pt"><span>A new operational reorganization that took effect on Oct. 1 and contributes to increased efficiency, productivity and transparency; </span></li>
<li style="MARGIN: 0pt"><span>Programs and proposals designed to give applicants more control over how quickly their application is examined, such as the Green Technology program and the Three-Track proposal; </span></li>
<li style="MARGIN: 0pt"><span>Expanding work-sharing efforts with international IP offices to speed patent examination for applications filed in multiple jurisdictions; </span></li>
<li style="MARGIN: 0pt"><span>A proposal to incentivize the development and dissemination of humanitarian technologies; </span></li>
<li style="MARGIN: 0pt"><span>A streamlined review of appeal briefs; </span></li>
<li style="MARGIN: 0pt"><span>Establishing a new trademark quality metric to measure examination excellence; and </span></li>
<li style="MARGIN: 0pt"><span>New communications tools like blogs and Facebook to strengthen USPTO’s relationships with employees, the IP community and other stakeholders. </span></li>
</ul>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>And I was proud to congratulate USPTO on jumping 50 spots over last year’s rankings in the Partnership for Public Service survey of the “Best Places to Work,” becoming one of the most improved agencies.</span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>Keep up the great work. </span></p>
<p style="MARGIN: 0pt"> </p>
https://www.uspto.gov/blog/director/entry/reducing_pendency_through_worksharing_and
Reducing Pendency through Worksharing and Acceleration Programs
$entry.creator.screenName
2010-10-01T08:57:30-04:00
2013-02-08T11:31:24-05:00
<p style="MARGIN: 0pt"><span><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p style="MARGIN: 0pt"><span></span></p>
<p style="MARGIN: 0pt"><span>Increased globalization has taken its toll on IP Offices throughout the world. We see the phenomenon of increased filings and workload in many countries, including the United States and others, particularly in Europe and Asia. The surge in patent filings has created workload challenges everywhere.<br /><br />Because of the fragmented nature of the global patent system, applicants must file multiple patent applications in different countries to protect a single invention. This leads to redundancy in search and examination, creating inefficiencies and additional costs for applicants. It also means that IP Offices around the world are duplicating a substantial amount of work.<br /><br />At the USPTO we have the responsibility to lead in the development of a patent system that reflects the economic needs and interests of the global marketplace. Given the current backlog, delays between filing and examination create significant problems for innovators and investors. Because we all have a shared interest in a patent system that promotes a timely and accurate resolution of rights, it is one of my top priorities to better manage our workload. This issue was the focus of many of the discussions that Deputy Director Barner and I had on the margins of the WIPO General Assemblies Meetings last week in Geneva. You can read the text of a briefing we gave to media in Geneva <a href="http://geneva.usmission.gov/2010/09/23/press-conference-on-intellectual-property-protection/">here</a>.<br /><br />Our strategy for grappling with the backlog embraces the following worksharing concepts: 1) creating new efficiencies in the global patent system by leveraging the search and examination work products of other IP Offices and 2) providing the global patent community greater flexibility as to when patent applications may be examined and accelerated.<br /><br />There are numerous worksharing and acceleration programs being hosted and proposed by various IP offices. In order to make it easier for our counterparts in global IP offices and our stakeholders to access information on these various programs and proposals, we have compiled two charts that outline our key worksharing and acceleration initiatives. We hope these charts provide a better understanding of the available and proposed programs. The first chart outlines the <a href="http://www.uspto.gov/ip/global/patents/Worksharing.pdf">major worksharing initiatives at the USPTO</a> and includes some information on programs administered by JPO and EPO. The second chart outlines all of our <a href="http://www.uspto.gov/patents/process/file/accelerated/comp_chart_dom_accel.pdf">domestic acceleration programs and proposals</a> and includes information as to when applicants may request expedited examination.<br /><br />We have shared these charts with the other IP5 Offices (EPO, JPO, KIPO and SIPO). We believe these charts will be useful to the IP5 group as we all assess and evaluate our various programs. Moreover, we think our users will benefit by having access to a complete survey of all the programs available through the IP5 Offices.<br /><br />I invite your comments and questions on these charts and on our worksharing and acceleration programs generally. I look forward to your feedback.</span></span /></span /></span /></p>
https://www.uspto.gov/blog/director/entry/uspto_year_in_review_and
USPTO Year in Review - And a Look Forward
$entry.creator.screenName
2010-09-20T10:45:29-04:00
2013-02-22T07:58:31-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>It has been just over one year since I was sworn-in as Director of the United States Patent and Trademark Office, and I’d like to use the opportunity to take stock of where we are, and also to let you know about things we are working on for the coming fiscal year to address our goals of reducing the backlog and improving quality. </p>
<p>But first, I want to take a moment to recognize the incredibly talented and dedicated workforce at the USPTO. As a practitioner, I knew that the USPTO had a dedicated and caring team. But now I can say with tremendous conviction and unique personal knowledge that the USPTO staff is truly remarkable for its knowledge, judgment, and execution -- just as hardworking, smart and passionate as any I have worked with in my career. It is because of their hard work that I can reflect today on progress against our many objectives.</p>
<p>Last year, the USPTO had a backlog of more than 750,000 patent applications. Today that number is closer to 725,000--pretty remarkable if you consider that filings are up four percent this year and the size of our workforce has decreased. We set a goal of bringing the backlog below 700,000 by the end of this year and I am happy to report that we are within striking distance. With the progress we're making, we are poised to see the first significant reduction in the backlog in a decade. </p>
<p>I’d like to highlight some of the initiatives and programs implemented in the past year that have helped us begin chipping away at the patent backlog. First, the USPTO, in partnership with our patent professional employee union (POPA), implemented a new production count system. That is the tool we use to measure examiner performance and output. The new system provides more time for examination and more credit for first actions, and thereby encourages high quality examination early in prosecution. As of August 31, 2010, the number of actions per disposal was down to approximately 2.4 from over 2.9 in FY 2008-2009. This represents a substantial increase in efficiency. </p>
<p>We are also specifically encouraging the compact prosecution of patent applications. Compact prosecution involves finding the core issues with patent applications and resolving them as early in the examination process as possible. One way to encourage this practice is to increase interviews between applicants and examiners. Interviews have risen significantly in 2010, including as a result of our <a href="http://www.uspto.gov/patents/init_events/faipp_landing.jsp">First Action Interview Pilot Program</a>which allows participants to conduct an interview with the examiner after reviewing the results of a prior art search. </p>
<p>We are also working to increase the size of our patent examining corps. We’ve launched a targeted hiring program to focus on recruiting <u>experienced</u> former examiners and IP professionals who can get up to speed examining patent applications with a minimal amount of training time. </p>
<p>While we’re improving the way we motivate and hire examiners, we’re working to reduce the impediments applicants and examiners face. One way is through the review of the patent classification system – which is how we assign applications for examination, and is critical to effectively locating prior art. Planning is underway for this project, which will roll out in FY 2011.</p>
<p>Another critical infrastructure project involves upgrading our information technology (IT) systems. We have already started the process to move our Trademark IT infrastructure into a “cloud” computing environment which will improve the stability, availability, and performance of the systems that support trademark examination and public access to Trademark Office information. On the Patents side, we’re building a new patent examination IT system from end to end. This project involves the reengineering of the pre-exam, workflow, examination, and publication processes. </p>
<p>Several applicant-driven patent examination acceleration programs were started this year. </p>
<p>1. <a href="http://www.uspto.gov/patents/init_events/green_tech.jsp">Green Technology Pilot Program</a>: This program to provide accelerated examination of patent applications for innovations related to environmentally friendly and energy conservation technologies started in December 2009. As of August 31, 2010, 1,477 Green Technology petitions have been received into our Green Tech Pilot Program. This number represents very strong applicant uptake – nearly 50 percent of the upper limit originally set for the program. We anticipate further expansion of this program in the coming months.</p>
<p>2. <a href="http://www.uspto.gov/patents/init_events/PatentStimulusPlan.jsp">Project Exchange</a>: This pilot program gives applicants with multiple filings greater control over the priority in which their applications are examined, by providing incentives for applicants to withdraw unexamined applications that are no longer important to them—and by the way, it helps to reduce our backlog. We piloted this program first for small entities only, and only recently expended it to all applicants. So the numbers are small, but they are starting to pick up and hopefully will accelerate further in the coming months. </p>
<p>3. <a href="http://www.uspto.gov/news/pr/2010/10_24.jsp">Three-Track Examination</a>: Just recently, we proposed a new patent examination initiative that would provide applicants greater control over the speed with which their applications are examined. Under the proposed “Three-Track” initiative, an applicant may request Track I (prioritized examination for an additional fee), Track II (traditional examination under the current procedures), or Track III (applicant-controlled delay for up to 30 months). We have received many public comments about this proposal, particularly with regard to Track III, and are taking them into consideration as we refine the proposal for implementation. We expect to proceed with it in the coming year.</p>
<p>Turning to the important work being done by our policy and international teams, it has been a busy year. Worksharing is an important tool for speeding the processing of patent applications filed in multiple jurisdictions and we’re focused on expanding and improving our worksharing practices. The USPTO has implemented the <a href="http://www.uspto.gov/patents/init_events/pph/index.jsp">Patent Prosecution Highway (PPH) </a>with other major patent offices worldwide and we’ve set the goal of doubling PPH cases year over year for the next three years. We’re aiming for: 4,000 cases this year; 8,000 cases next year; and 12,000 cases in 2012. I’m pleased to report that we expect to reach the 4000 case goal this year, meaning that in one year we will have more than doubled the throughput of all PPH efforts over all previous years combined.</p>
<p>Finally, I’d like to discuss our increased emphasis on expanding the communications capabilities of the agency and increasing transparency. In the past year we have significantly expanded the amount of information we are making available to the public. We have also launched a number of communications tools to facilitate dialogue between USPTO management, employees, and the stakeholder community at large. These include:</p>
<p style="LINE-HEIGHT: 150%; TEXT-INDENT: -0.25in; MARGIN-LEFT: 0.5in">· <a href="http://www.uspto.gov/blog/">Blogs</a>: In addition to this employee blog, I am blogging weekly on the “Directors Forum” blog which can be accessed on our Web site, <a title="http://www.uspto.gov/" href="http://www.uspto.gov/">www.uspto.gov</a>, and we’ve just begun sending the Director’s blog out via Google Feedburner so anyone can subscribe.</p>
<p style="LINE-HEIGHT: 150%; TEXT-INDENT: -0.25in; MARGIN-LEFT: 0.5in">· <a href="http://www.uspto.gov/blog/feedback/">Feedback Channels</a>: We’ve implemented “Feedback Channels” to solicit public input on initiatives like the Green Tech and Three Track program and we’ve received a lot of helpful feedback. </p>
<p style="LINE-HEIGHT: 150%; TEXT-INDENT: -0.25in; MARGIN-LEFT: 0.5in">· <a href="http://www.facebook.com/uspto.gov">Facebook</a>: We’ve established a Facebook page to engage the public and the intellectual property community directly and provide real-time information. </p>
<p style="LINE-HEIGHT: 150%; TEXT-INDENT: -0.25in; MARGIN-LEFT: 0.5in">· <a href="http://www.uspto.gov/dashboards/patents/main.dashxml">Patents Dashboard</a>: This month we launched our new online “dashboard” to communicate Agency data and performance metrics on patent pendency and other key patents measurements in a clear and understandable way—and in real time. If you haven’t had the opportunity to do so, please take a look at the new dashboard on our Web site. </p>
<p style="LINE-HEIGHT: 150%; MARGIN-LEFT: 0.5in"> </p>
<p>It has been a busy year here at the USPTO and the new year will be just as busy. The entire team at USPTO is committed to implementing improvements across the board to give America’s inventors the opportunity to thrive in a global economy. Thanks to the hard work of our employees and the support of our stakeholders, we are making solid headway.</p>
https://www.uspto.gov/blog/director/entry/greater_transparency_introducing_the_uspto
Greater Transparency: Introducing the USPTO Data Visualization Center and the Patents Dashboard
$entry.creator.screenName
2010-09-07T10:59:46-04:00
2013-02-08T11:30:33-05:00
<p style="MARGIN: 0pt"><span><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p style="MARGIN: 0pt"><span></span></p>
<p style="MARGIN: 0pt"><span></span></p>
<p style="MARGIN: 0pt"><span>As you all know, reducing </span><span>the backlog of unexamined patent applications and driving patent </span>pendency down is our top priority. This goal is especially urgent at a time when our economy is struggling, and the patent backlog is stalling the delivery of innovative goods and services to market while hindering </span />economic growth and job creation. </span /> It has been estimated that the current backlog of more than 700,000 applications may cost the U.S. economy billions of dollars due to what is called “foregone innovation”— commercial opportunities that fail to get off the ground because of </span />long delays in obtaining necessary patent protection. That is unacceptable and we are determined to turn things around because so much depends on it.</span /></span /></p>
<p style="MARGIN: 0pt"><span> </span></p>
<p style="MARGIN: 0pt"><span>An important part of the effort to reduce pendency is better </span>understanding</span /> the numerous factors that contribute to examination delays </span />and measuring </span />their impact in a way that makes the USPTO more transparent to the public. </span /> By looking at </span />the whole picture, </span />we can more </span />effectively develop ways to increase the efficiency of the examination process. While we know we have to hire more examiners to reduce the backlog, we also know that we must re-engineer the way we do business at the USPTO and have already implemented a series of initiatives designed to improve efficiencies. These process changes will empower our workforce to be more effective and have already begun to yield important </span />gains.</span /></p>
<p style="MARGIN: 0pt"><span> </span></p>
<p style="MARGIN: 0pt"><span>Traditionally, we have measured pendency at two </span></span /><span>points in</span><span> </span><span>the process</span><span>: first, we have measured </span>the average time from filing to First Office Action, which is </span />the first substantive examination action; and we have measured </span />the average time from filing to allowance or abandonment of the application, which we refer to on the dashboard as Traditional Total Pendency</span />. We will continue to maintain </span />these measures as they are helpful ways to look at pendency, and indeed sometimes the best measure for applications that proceed through the system without the need for appeals or divisional practice or continuation practice. These traditional measures will also be maintained because they provide a consistent benchmark against which to measure our progress, and enable us to </span />maintain consistency in our reporting </span />to the Department of Commerce, the Office of Management and Budget, the </span />Congress and the public. However, as I have previously stated, these measures do not provide complete data about pendency across the USPTO. We therefore will now measure pendency in several additional ways to ensure we have a more complete picture, and will make that data available to the public starting today. </span /></span /></p>
<p style="MARGIN: 0pt"><span> </span></p>
<p style="MARGIN: 0pt"><span>We have just </span>launched</span /> the beta version of a <a href="http://www.uspto.gov/dashboards"><font color="#606420">USPTO Data Visualization Center </font></a>on our Web site that introduces the patents dashboard. This tool </span />will give the public access to traditional measures of pendency as well as </span />several new pendency tracking measures. We are also providing </span />other important </span />data covering USPTO patent </span />operations </span />in a convenient </span />dashboard format. The patents dashboard provides more refined pendency information than was previously available, as well as other critical performance indicators such as the number of applications in the backlog, production, actions per disposal and our staffing levels. This information will help the entire IP community to better understand our processes, and enable applicants to make more informed decisions about their applications, especially as we develop more opportunities for applicants to control the timing at which their applications are examined. The new dashboard, which will be updated monthly, will also be used internally by the USPTO to analyze and improve our examination process and to track the effectiveness of our improvement efforts. We intend to further refine the dashboard and welcome your input about ways we can improve it. A dedicated <a href="mailto:feedback@uspto.gov">mailbox</a> has been set up for your comments and we intend to monitor your feedback carefully. </span /></p>
<p style="MARGIN: 0pt"><span> </span></p>
<p style="MARGIN: 0pt"><span>The dashboard introduces six new measures of pendency designed to give a better overall picture of the contributions of different parts of the examination process to application pendency. For example, the traditional <strong><span>total </span></strong>pendency measure <strong><span style="FONT-WEIGHT: normal">stops</span></strong><strong><span> </span></strong>the clock with the filing of an RCE, which may not provide an accurate measure of the total time it takes to complete the examination of an application through request for continued examination (RCE) practice. A new measure, called “Traditional <strong><span style="FONT-WEIGHT: normal">Total </span></strong>Pendency Including RCEs,” looks at pendency of applications from filing of the original application to ultimate disposal of that same application, including any additional time attributable to RCE filings in those applications where RCE filings are made. Similar measures are provided relative to divisional applications and other types of continuation practice. We also provide information about pendency for applications in appeal practice. </span></p>
<p style="MARGIN: 0pt"><span> </span></p>
<p style="MARGIN: 0pt"><span>You can learn more about what we will be measuring and tracking on </span>the dashboard at www.uspto.gov/dashboards. For those who really want to dive into the numbers, we will also make a more detailed spreadsheet available for each measure with additional data. </span />We encourage you to watch our progress as the programs and initiatives we’ve started over the past year begin to show results. For instance, you’ll see that the number of actions per disposal is dropping, indicating improved examination efficiency. With the recent legislation giving us access to an additional $129 million of our collections, our ability to increase examiner overtime and accelerate information technology improvements and hiring will lead to even more progress in reducing application pendency and the backlog of unexamined applications.</span /></p>
<p style="MARGIN: 0pt"><span> </span></p>
<p style="MARGIN: 0pt"><span>We're pleased to offer a useful new tool for our stakeholders, and a window into our operations that has not been available before. We hope you find the car dashboard metaphor helpful and attractive. While we recognize that data visualization experts may prefer other formats, the dashboard metaphor conveys information succinctly, and gives us all something to start with. However we appreciate that all metaphors have their limits -- for instance the speedometer format is certainly not intended to convey that a higher backlog is better. </span></span /></p>
<p style="MARGIN: 0pt"><span> </span></p>
<p style="MARGIN: 0pt"><span>We hope </span><span>you’ll find the new USPTO Data Visualization Center and dashboard to be a valuable resource and we welcome any feedback you have on how we can make it even better -- even as to the metaphor used to visualize the data we are presenting.</span></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"><span>We look forward to your feedback.</span></p>
<p style="MARGIN: 0pt"> </p>
https://www.uspto.gov/blog/director/entry/talking_quality
Talking Quality
$entry.creator.screenName
2010-09-03T05:19:10-04:00
2013-02-08T11:30:03-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">With this blog I wanted to return to the topic of patent quality. We talk all the time about how important it is. There’s no question it is imperative to our agency and our applicants. We've sought comments from the IP community on this topic, and we've held two roundtable meetings on it, all within the last 9 months. But what is patent quality? That is, what constitutes a patent that is high in quality?</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">The answer to this question may depend on who you ask. If you ask an attorney, she may say “A high-quality patent meets all statutory and regulatory requirements and will withstand legal challenges by competitors or other third parties.” While true, such a description isn’t easy to apply in the examination process.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">An inventor might say, “A high-quality patent is one that covers the full scope of my invention and no less.” Well, perhaps that’s a bit more helpful.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">As I said a number of times last year when we kicked off the joint PPAC-USPTO Quality Taskforce, our historical measurements of quality are long overdue to be revised. We have concluded the first phase of the Quality Taskforce work, and we are on track to introduce some new quality metrics this coming fiscal year. You’ll be hearing more about these metrics in the near future.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">While the above represents good progress, and while our current quality metrics indicate that quality has been improving, I think it is fair to say we all want to do more relative to quality. So while we continue with efforts stemming from the Quality Taskforce, I'd like to ask about quality from another viewpoint: how do patent examiners think about quality, and especially, what can USPTO management do to ensure that examiners are able to perform the highest quality examinations.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">I know that IT is a big part of the quality challenge for examiners, and that we need to provide them with better tools to do their jobs. We’re working on that.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Also, I know that quality output is, to a substantial degree, helped by quality input from you, our applicants. And we look forward to continuing discussions with you in this regard.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">And of course there is time -- high quality work requires time. That is why we included increased up-front time for examination when we redesigned the count system last year.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Beyond the IT and applicant components, and the time component of quality, what can USPTO management do to help examiners to conduct high quality examinations? Is more technology training the key? Would more training on case law be helpful? More training in search strategies? Would more access to senior examiners who can help with tough issues be helpful? Or more time available to SPEs for coaching? How can our quality review processes change to help them do quality work? What other investments in our examining corps would be worthwhile toward achieving higher quality?</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">I look forward to your feedback and look forward to further discussions on quality over the coming weeks and months.</p>
https://www.uspto.gov/blog/director/entry/a_note_of_thanks_to
A note of thanks to the team
$entry.creator.screenName
2010-08-13T05:26:47-04:00
2013-02-08T11:29:40-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">I hope, and think it’s safe to say we are in a time of increased optimism here at the USPTO. Without question, things are looking brighter than they did a year ago. I feel really great about what we’ve been able to achieve in the last year. We’ve undertaken an expansive slate of new initiatives to improve our processes. Interviews between patent applicants and examiners are up by 60 percent. Production is up. Retention has improved. Most recently, legislation passed in both houses of Congress – in just one week! -- to get the USPTO much-needed access to most of our increased fee collections. Can the USPTO get things done? To quote President Obama--Yes we can!</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Our progress is not going unnoticed by the IP community. It seems everywhere I go, stakeholders approach me and say “thank you” for all the progress we’re making. Recently, I experienced this at the town hall meeting we held here at USPTO Headquarters on the “Three Track” proposal. Presenter after presenter expressed their gratitude for all of the great work we’re doing. Although they were directing their thanks to me and the other senior executives in the room, it’s really our employees who they are thanking. I truly wish all of our employees could hear these words of gratitude personally.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">The progress we’re making is because of the hard work of the entire team across the USPTO enterprise. The role I’m playing—and the best role for our leadership team generally—is simply to cheerlead and coach and enable and remove road blocks that stand in our employees’ way. What’s happening is that the USPTO’s extremely skilled, capable, and dedicated workforce is being set free to do their best work—and I’m seeing it happen at every level of our organization.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">By no means am I suggesting we can sit back now. We have a lot of challenges, and a lot of work to do. But I wanted to tell everyone how proud I am of the progress we’re making. And I know, and want our employees to know, that any words of thanks given to me are actually for them.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Keep up the great work!</p>
<p> </p>
https://www.uspto.gov/blog/director/entry/an_update_on_uspto_s
An Update on USPTO’s FY 2010 Spending Authority
$entry.creator.screenName
2010-08-02T12:34:18-04:00
2013-02-08T11:29:18-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Today I'm happy to report that something really important and positive happened last week; something that should brighten the perspective of everyone who cares about innovation, intellectual property, and the operations of the USPTO. Both houses of Congress made strong supportive statements about IP and passed legislation, with laser-focus and laser-speed. Last Thursday the Senate passed H.R. 5874, which had been both introduced and passed just one day earlier by the House. This single-purpose legislation increases the Fiscal Year 2010 spending authority for the USPTO by $129 million, and we expect the President to sign the bill into law shortly. This swift action reflects the recognition on the part of the Administration and the Congress of the vital role our Agency plays in supporting innovation and in spurring job creation and economic growth. </span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">This legislation will allow the USPTO to immediately take a number of actions that will benefit the entire IP community, including: hiring additional patent examiners; funding full overtime for patent examiners and support staff; accelerating patent examination process reengineering; and continuing to fully fund PCT contract work. Mission-critical IT projects to increase the effectiveness of every USPTO function will also be accelerated.</span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">This is unquestionably a important step in the right direction, returning to the USPTO most of the $200M we expect to collect this fiscal year in excess of the amount originally appropriated to us. And even more importantly, it is a move toward unleashing America’s innovative genius as well as the efforts of our nation’s innovation agency – the USPTO. Without question, there is widespread understanding that we need full access to all our fee revenues, given the enormous requirements associated with our efforts to effectively address our pendency and backlog challenges.</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">The passage of this bill would not have happened without the leadership of Congress, as well as the dedication and support of the President, the Department of Commerce, Office of Management and Budget, and the IP Community. On behalf of the USPTO, thank you to everyone who played a role in making this possible.</span /></p>
https://www.uspto.gov/blog/director/entry/rce_filings_the_facts
RCE Filings: The Facts
$entry.creator.screenName
2010-07-26T05:17:02-04:00
2010-07-26T05:17:55-04:00
<p style="MARGIN: 0pt"><strong>Special Guest Blog by Commissioner for Patents Bob Stoll</strong></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">To address recent inquires as to whether RCE filings at the USPTO are rising, I asked the Patents team to look into it. Interestingly, it turns out that overall average RCE filing rates have <u>not</u> changed significantly and unfortunately, some of the RCE information circulating publicly is incorrect. To set the record straight, here are the latest figures: in FY 10, 114,183 RCE applications have been filed through July 12, 2010. This represents 31.2% of total UPR (Utility, Plant, and Reissue application) filings. When compared with 110,183 filings over the same period in FY09 and 138,459 filings for all of FY09, it is apparent that the average RCE filing rate has remained fairly constant. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">Nevertheless, we share the desire of the applicant community to see the rate decline. Let’s take a look at why the RCE filing rate may be remaining high and explore whether we should be taking further steps to help both applicants and examiners avoid unnecessary RCE filings. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">When we redesigned the examiner count system, we indicated that our primary objectives were to improve examination quality and encourage compact prosecution. We also indicated that we intended the improved count system to reduce any incentive our examiners may have to unnecessarily promote RCE practice. But we realized then, as we do now, that there continue to be many reasons why applicants file RCEs. As such, we will continue to treat RCEs as a valuable tool in the patent prosecution process.</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">In recent months we have instituted many changes designed to better facilitate compact prosecution. These include early interviews, training, count system reform and significant revisions to the SPE performance appraisal plans. With these, we are starting to make progress towards lowering the backlog and reducing patent pendency, despite continued funding and hiring challenges. One great example of our progress is that actions per disposal are down substantially - from over 2.9 in FY 2008-2009 to currently under 2.4. Productivity in July is up by 3.5 percent over the same time last year--386,147 total PUs (production units*) versus 373,170 PUs. Allowances have increased from 136,228 last year at this time to 178,322 this year. And final rejections are up too, with 203,206 final rejections so far this year, compared to 189,202 for the same period in FY09. Interviews, too, are projected to increase by about 60 percent from last year. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">As planned when the new count system was launched, we are placing less emphasis on rapid office response to multiple RCE filings by applicants. As expected, in some cases this is not affecting applicants who use RCE practice. There were 26 art units whose RCE backlog actually decreased between November 2009 and June 30 of this year. In other areas, however, examiner RCE dockets are lengthening. Overall, our RCE inventory has gone from 17,209 as of July 1, 2009, to 35,569 as of July 1, 2010.</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">We are asking examiners to do their part to enable applicants to get applications prosecuted promptly and to avoid unnecessary RCE practice. It is important that applicants do their part as well. There are many valid reasons for filing RCEs – for example, claim amendments after final that are too substantial for examination under after-final practice. Applicants will be pleased to know that we are working on improvements to 116 practice that should obviate the need for some RCE filings. More information will be coming about these improvements in the months ahead. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">But there are also reasons for filing RCE’s that are less consistent with the shared goal of compact prosecution and reduction of the USPTO backlog. These include, for example, presenting new claims not included in the original application, or continuing to prosecute broad claims that were rejected in the original case. To put them at the front of the line each time such applicants file an RCE is detrimental to achieving our shared goal. And it's not fair to other applicants who do all the necessary work up front to enable compact prosecution. Furthermore, many applicants using multiple RCE practice actually do not want to be put at the front of the line because they are using RCEs to gain, in effect, an extension of time through slower processing. And, while this practice is permissible, there is no reason for the Office to frustrate these applicants by prioritizing further action on their cases. In any event, all of these scenarios have the effect of lengthening the RCE docket. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">We will continue to watch examiners' RCE dockets closely, and will certainly consider further improvements to RCE practice. We'd like to hear from applicants regarding other reasons for RCE filings. We would also like your input on other potential changes in practice, by applicants or by the USPTO, that would minimize the need for RCE filings. For example, should the RCE filing fee be increased to more closely align it with the USPTO’s actual cost to continue prosecution? We look forward to hearing from you. </span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">* A production unit is a measure of examiner productivity. The number of production units obtained over a given period are equal to the sum of the number of first actions (A) and disposals (B) divided by two (i.e., [A+B] /2 = 1 PU).</span /></p>
https://www.uspto.gov/blog/director/entry/update_on_telework_legislation
Update on Telework Legislation
$entry.creator.screenName
2010-07-20T06:50:55-04:00
2013-02-08T11:28:32-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">This is a good opportunity to update the topic of telework, for two reasons. First, it remains a topic of vital importance to many USPTO employees. And second, there is actually very important news to report. Last week, the House of Representatives passed H.R. 1722, the Telework Improvements Act of 2009. The House included in their bill a provision for a travel test program that would allow the General Services Administration (GSA) to test flexibilities within the travel regulations. If this provision passes, the USPTO will submit to GSA a proposal to permit more USPTO teleworkers to voluntarily locate outside the Capitol metro area by lifting the biweekly reporting requirement for employees who live outside of the 50-mile radius.</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">By lifting the bi-weekly reporting requirement, the legislation would help the USPTO recruit and retain our highly skilled workforce both in the Mid-Atlantic area and throughout the United States, while minimizing the costs associated with workforce expansion. This in turn would enable the Agency to expand our traditional hiring methods and seek out talented workers in all areas of the country where the expertise exists to fulfill our mission. </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">There are also two provisions in the Senate telework bill (S. 707, the Telework Enhancement Act of 2009) that provide new flexibility for teleworkers. S. 707 passed the full Senate on May 24. If S. 707 were enacted into law, an employee could choose to live anywhere in the United States in exchange for a willingness to return, on a limited basis, to Alexandria at their own expense and on their own time. </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">While the recent developments regarding the House and Senate bills are unquestionably good news, we still have more to do on telework legislation. The House and Senate need to work out the differences between their two bills, to create one piece of legislation. Then each body needs to pass the consolidated legislation by majority vote. And there is not much time left this Congress, with the summer recess approaching and elections coming this fall. But, the very act of the House and Senate both including travel regulation test program provisions in their versions of telework legislation is a very positive step. </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">It is a tremendous honor for me to lead an Agency that is such a trailblazer in telework. But we can and will make our programs even better. I’ll continue to work with Congress and will continue to support this very important telework legislation. And I will keep you updated on its progress. </span /></p>
https://www.uspto.gov/blog/director/entry/uspto_strategic_plan_now_open
USPTO Strategic Plan - Now Open for Comment
$entry.creator.screenName
2010-07-20T06:49:07-04:00
2013-02-08T11:28:10-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>By now you have probably heard that the USPTO draft Strategic Plan for 2010-2015 is posted and open for comment. We recently announced that we have extended the comment period to August 2. If you have not done so already, please visit our <a href="http://www.uspto.gov/about/stratplan/index.jsp">Web site </a>and review the plan, then send your comments to <a href="mailto:strategicplan@uspto.gov">strategicplan@uspto.gov</a>. We look forward to hearing from you. </p>
https://www.uspto.gov/blog/director/entry/coming_soon_draft_uspto_2010
Coming Soon: Draft USPTO 2010-2015 Strategic Plan
$entry.creator.screenName
2010-07-08T05:49:08-04:00
2013-02-08T11:27:44-05:00
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal"></span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">I’m writing today about a major challenge and opportunity for the USPTO—and for the entire IP community. </span> </span /></span /></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"> </p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">In the coming days we will be releasing, for employee and public comment, the Draft 2010-2015 USPTO Strategic Plan. </span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal"> </span></span /></p>
<p style="MARGIN: 0pt 0pt 10pt"><span style="LINE-HEIGHT: 115%; FONT-WEIGHT: normal">Today, I’m asking the entire IP community to invest in the formulation of this plan. </span><br /><br /></span /></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">The draft plan sets out the USPTO’s mission-focused strategic goals: </span>optimize patent quality and timeliness; optimize trademark quality and timeliness; and provide global and domestic leadership to improve IP policy, protection, and enforcement worldwide.</span /></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"> </p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">The plan identifies the objectives we believe are necessary to achieve the strategic goals and sets out the projects, initiatives, and programs we’ll use to get there.</span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"> </p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">The objectives are:</span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal"> </span></p>
<ol>
<ol>
<li>
<div style="LINE-HEIGHT: 150%; TEXT-INDENT: -18pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">Provide timely examination of patent applications. Reduce the time to first office action on the merits for </span><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">patent applications to 10 months, and average total pendency to 20 months </span></div>
</li>
<li>
<div style="LINE-HEIGHT: 150%; TEXT-INDENT: -18pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">Improve quality of patent and trademark examination </span></div>
</li>
<li>
<div style="LINE-HEIGHT: 150%; TEXT-INDENT: -18pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">Improve/enhance patent appeal and post-grant processes</span></div>
</li>
<li>
<div style="LINE-HEIGHT: 150%; TEXT-INDENT: -18pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">Optimize trademark quality and maintain pendency</span></div>
</li>
<li>
<div style="LINE-HEIGHT: 150%; TEXT-INDENT: -18pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">Demonstrate global leadership in all aspects of IP policy development </span></div>
</li>
<li>
<div style="LINE-HEIGHT: 150%; TEXT-INDENT: -18pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">Improve IT infrastructure and tools</span></div>
</li>
<li>
<div style="LINE-HEIGHT: 150%; TEXT-INDENT: -18pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">Implement a sustainable funding model for operations </span></div>
</li>
<li>
<div style="LINE-HEIGHT: 150%; TEXT-INDENT: -18pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">Improve relations with employees and stakeholders </span></div>
</li>
</ol>
</ol>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"> </p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">In the weeks, months, and years to come, we’re counting on USPTO employees and the IP community to unite around the strategic plan. </span>We all need to believe in this plan in order to properly execute it. </span />That’s why I want the plan to reflect the values and knowledge of the entire IP community—that includes the ideas of our employees, public stakeholders, and USPTO management. </span /></span /></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"> </p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">We invite your comments, your questions, and your suggestions for improvement to help us refine our Strategic Plan. </span> </span /></span /></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"> </p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">Our success will ensure that the USPTO and the American IP system continue to fuel the U.S. economy and job growth by spurring innovation, creativity and ingenuity.</span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"> </p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%; FONT-WEIGHT: normal">Please stay tuned for the release of the draft plan in the coming days. We look forward to your feedback on it.</span></p>
https://www.uspto.gov/blog/director/entry/ten_tips_for_streamlining_patent
Ten Tips for Streamlining Patent Prosecution
$entry.creator.screenName
2010-06-28T05:44:29-04:00
2013-02-08T11:27:21-05:00
<font color="#000000">
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">I wanted to follow up on one of my blog postings from a few months ago about ways applicants and examiners can streamline the patent prosecution process. The blog posting contained a “Top 5” list that appeared in IPLaw 360 in an article entitled “Five Things Patent Examiners Wished You Would Do.” The article was based on an interview with three Supervisory Patent Examiners (SPEs): David Ometz, John Cottingham and Andrew Koenig. <br /><br />At the end of my posting I invited comments from our examining corps about expanding this “Top 5” list to a “Top 10” list of tips for improving patent prosecution. There were dozens of comments and suggestions offered, and we have consolidated these comments into a “Top 10” list that I want to share with you. Obviously, some of the items that appeared in the “Top 5” list are included in the new list, but thanks to many fine comments, the original “Top 5” have been refined and 5 more have been added. Here is the list: <br /><br />1) CONDUCT INTERVIEWS: Set up interviews when possible. Interviews can help applicants and examiners quickly identify points of agreement as well as points of disagreement. An interview will help advance prosecution and provide an opportunity to facilitate a possible early allowance. <br /><br />2) KEEP CLAIMS MANAGEABLE: Avoid filing excessive numbers of claims. Filing a manageable number of claims will enable the examiner to enhance prosecution by directing examination efforts at the heart of applicants’ invention. <br /><br />3) PROVIDE GOOD TRANSLATIONS: Do a careful job of translating foreign-language applications into English before filing an application in the United States. Poorly translated applications often result in undesirable lengthy prosecution resulting from lack of clarity arising from indefinite claim language or unclear wording in the specification. <br /><br />4) CLEARLY IDENTIFY NEW LIMITATIONS: When adding new limitations to claims during prosecution, include a brief section in the remarks citing the location in the specification or drawings that provides support. This will eliminate unwarranted new matter rejections under Section 112 and assist the examiner in better understanding the meaning of the claims. <br /><br />5) FILE THOROUGH RESPONSES: Take care to ensure that your response addresses the specific issues set forth in the examiner’s office action. Responses or amendments that fail to address the issues in the office action unduly extend prosecution. <br /><br />6) ADVANCE AMENDMENTS/ARGUMENTS EARLY: File arguments and amendments at the earliest stage of prosecution, and prior to a final rejection if at all possible. Amendments submitted after final are more difficult to deal with procedurally, are not automatically entered, and extend prosecution. <br /><br />7) COORDINATE US/FOREIGN APPLICATIONS: Draft or amend your U.S. application in view of the prosecution in a corresponding foreign or international application. Success of the Patent Prosecution Highway (PPH) shows that applications drafted or amended in response to search reports and patentability opinions in corresponding foreign or international applications have a much higher allowance rate and shorter prosecution. <br /><br />8) DRAFT CLAIMS TOWARD THE INVENTION: Know what you want to protect before you file the application and draft the claims toward the invention. If the claim set is not initially drafted to capture the protection needed or desired by the applicant, the examiner will have difficulty doing a comprehensive search on first action. Furthermore, the examiner will have difficulty anticipating what might be claimed in the future, if the initial claim set is misdirected or overly broad. All of this extends prosecution at everyone's expense. <br /><br />9) KEEP INFORMATION DISCLOSURE STATEMENTS MATERIAL: Submit a focused Information Disclosure Statement (IDS). Include in an IDS only those references material to patentability. The citation of references that are not material to patentability does not promote a focused examination. Also, be careful to avoid the repeated citation of the same reference. <br /><br />10) DRAFT CLAIM SET FROM BROAD TO NARROW: Draft your claim set beginning with the broadest scope to which you feel you are entitled and concluding with the narrowest scope you feel merits protection. A claim set that is graduated in scope from broad to narrow assists the examiner in performing a complete and focused search on first action and can help the examiner anticipate future amendments. A claim set that is merely broad does not assist the examiner in performing a focused search and often leaves the examiner guessing as to what might be claimed after first action. This can lead to piecemeal prosecution and the citation of new art after amendment. <br /><br />Applicants and examiners both must be committed to compact prosecution in order to achieve the efficiency we all seek. The tips above can assist practitioners and examiners in achieving an early resolution of rights in patent applications and ultimately expedite the issuance of a patent. <br /><br />Thanks to all who submitted comments which led to the creation of this “Top 10” list. As always, I welcome your comments. </span /></p></font>
https://www.uspto.gov/blog/director/entry/the_three_track_proposal_putting
The Three-Track Proposal: Putting Applicants in Control of Examination Timing
$entry.creator.screenName
2010-06-15T09:14:28-04:00
2013-02-08T11:26:57-05:00
<p style="MARGIN: 0pt 0pt 12pt"><span lang="EN"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p style="MARGIN: 0pt 0pt 12pt"><span lang="EN">Today, I’d like to share some perspectives on the USPTO’s “Three-Track” proposal for patent examination, which was released for public comment earlier this month. </span>This proposed examination initiative would allow inventors to choose among three different tracks of patent examination and thereby tailor the patent examination process to better suit their business needs. We are currently <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=edocket.access.gpo.gov/2010/pdf/2010-13244.pdf">seeking public comment</a> on this proposal and will hold a public meeting on July 20<sup>th</sup>. </p>
<p style="MARGIN: 0pt 0pt 12pt"><span lang="EN">The Three–Track proposal is designed, first and foremost, to help us put Americans to work – that is, to enable applicants to increase their own, and the USPTO’s effectiveness by selecting their most time-critical work for priority processing. </span>It is also intended to help reduce pendency and enhance work sharing among IP offices. </p>
<p style="MARGIN: 0pt 0pt 12pt"><span lang="EN">Track 1 of the program is prioritized examination aimed at achieving final action within 12 months of the request for prioritized examination and the payment of an accompanying fee. </span>Track 2 would be today’s examination process, which currently takes on average 34 months to complete. Track 3 would allow non-continuing applications first filed at the USPTO up to 30 months to decide whether to request examination. In addition, the proposal would allow applicants to “change tracks” if circumstances warrant it-- either speeding up or slowing down the patent examination process as needed. </p>
<p style="MARGIN: 0pt 0pt 12pt"><span lang="EN">The proposal would enhance worksharing by synchronizing USPTO examination of applicants first filed overseas to follow overseas examination—thereby ensuring the overseas patent office work product is available to the USPTO examiner when she undertakes her work. </span>Specifically, it would require applicants in any application that claims the priority date benefit of a foreign application to submit a copy of the search report, if any, and the first action on the merits from the foreign office together with arguments explaining why the claims in the U.S. application are patentable in the U.S. given the positions taken by the foreign office. </p>
<p style="MARGIN: 0pt 0pt 12pt"><span lang="EN">An inventor who files first in the United States -- or an inventor who files first in a foreign office and receives a first action on the merits that is in turn submitted along with applicable comments to demonstrate how the claims in the U.S. application are patentable -- may request prioritized examination under Track 1 after paying the relevant fee. </span>Thus, both applicants who file first in USPTO and applicants who file overseas first can obtain the benefit of accelerated processing at the USPTO. Track 3 is available to an inventor who files first in the United States provided the applicant does not request non-publication. </p>
<p style="MARGIN: 0pt 0pt 12pt"><span lang="EN">The Three-Track proposal is a win-win for inventors, the Agency and the public. </span>Patent applicants are allowed to either accelerate or delay patent processing according to their needs or market conditions. Inventors can opt for Track 1 for inventions that are ready for immediate commercialization. Or, by taking advantage of Track 3 examination, both small and large entities are able to delay the cost of obtaining a patent until their invention is ready for commercialization and they determine that further investment in the patent process makes sense. </p>
<p style="MARGIN: 0pt 0pt 12pt"><span lang="EN">The Agency benefits from the ability to focus resources more effectively on the most important work of the applicant community. </span>In addition, we expect this will help with the backlog generally, as some percentage of Track 3 applications will be dropped without payment of the search and examination fees. In a turn on an old adage, a sinking tide lowers all boats – in this case, in a good way. </p>
<p style="MARGIN: 0pt 0pt 12pt"><span lang="EN">The public would also benefit by the Agency prioritizing its resources toward applications likely to be used in the market much more quickly than is possible under the current process. </span>By examining the most promising inventions promptly, the USPTO will facilitate investment in commercializing innovation and the creation of new jobs.</p>
<p style="MARGIN: 0pt 0pt 12pt"><span lang="EN">One issue left open by the Three-Track proposal is setting of fees for Track 1, especially for small and micro entities. </span>Unfortunately, the USPTO does not have statutory authority to discount the Track 1 filing fee for small or micro entities. If such enhanced authority were provided by Congress, we would grant a 50% discount for small entities and a 75% discount for micro-entities. Within the limits of the authority we have at the USPTO to help improve the patent process for our applicant community, we have designed the Three-Track proposal to help all patent filers – small and large.</p>
<p style="MARGIN: 0pt 0pt 12pt"><span lang="EN">I am very excited about the many benefits we can derive from a three-track examination process, and look forward to receiving comments from our employees, the IP community and the public. </span></p>
<p> </p>
https://www.uspto.gov/blog/director/entry/improving_the_reexamination_process
Improving the Reexamination Process
$entry.creator.screenName
2010-06-06T11:02:08-04:00
2013-02-08T11:26:33-05:00
<p style="MARGIN: 0pt"><span lang="EN"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p style="MARGIN: 0pt"><span lang="EN"></span></p>
<p style="MARGIN: 0pt"><span lang="EN">I’d like to focus today on our efforts to improve the reexamination process. Reexamination is an incredibly critical function of our Agency, I have commented, exaggerating only slightly, that the best way to identify the most important patents we grant is to look at reexaminations. All hyperbole aside, it is no stretch to say that the work of our reexamination team is critically important to the U.S. and global economy, and to our Agency. We know there are jobs locked up in our backlog; well, I’m sure there are lots and lots of jobs riding on the patents we have in reexamination.</span></p>
<p><span lang="EN">With the growth in reexamination filings since 2002, decisions by the Federal Circuit such as <i>In re Swanson</i> and especially with the growth in inter partes reexamination filings, there are some excellent opportunities for us to improve our internal processes and rules of practice to enable more efficient, and faster handling of the expanded reexamination workload. The starting point is, well, the starting point: clear identification of issues at the beginning of the reexamination process. That is essential, and it was addressed by a rule change in <i>Clarification of Filing Date Requirements for Ex Parte and Inter Partes Reexamination Proceedings</i>, 71 Fed. Reg. 44219 (4 Aug 2006), 1309 OG 216 (29 Aug 2006). </span></p>
<p><span lang="EN">However, there is another threshold problem: many requests for reexamination are currently identified as defective where they do not clearly identify the issues to be resolved between the requester and the patent owner. This in turn delays resolution of the request for reexamination. The USPTO recently published a document with best practices and FAQs intended to minimize defective requests and facilitate initial processing of these requests. This document was prepared in response to comments from the user community seeking guidance to help avoid the submission of defective requests. It is another example of the actions we are taking to listen to patent system users and respond very directly to their requests.</span></p>
<p><span lang="EN">As an example of an issue covered in the best practices document, some third party requesters make general allegations that claims are obvious over particular piece(s) of art without any supporting argument. This is contrary to the requirement in the statute that “[t]he request must set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested”, and it hinders the USPTO in resolving issues raised by the request for reexamination. The use of general allegations is especially problematic in inter partes proceedings, where a clear identification of issues is essential to give patent owners notice of the issues they will face in the reexamination proceeding. So the best practices document gives tips to avoid making general allegations, and to ensure all allegations are specific enough to surmount the “clear identification” requirement. </span></p>
<p><span lang="EN">You can find the new <a title="http://www.uspto.gov/patents/Best_Practices_and_FAQs_for_filing_reexaminations_5_10_10.pdf" href="http://www.uspto.gov/patents/Best_Practices_and_FAQs_for_filing_reexaminations_5_10_10.pdf">“Best Practices and FAQs for filing requests for reexamination compliant with 37 CFR 1.510 and 1.915” </a>on the USPTO Web site. It covers the “general allegation” issue along with many others. We hope this document will assist parties who are preparing requests for reexamination and will facilitate initial processing of those requests at the USPTO.</span></p>
<p><span lang="EN">As always, comments are welcome. Thanks for keeping them coming!</span></p>
https://www.uspto.gov/blog/director/entry/five_tips_for_practitioners
Five Tips For Practitioners
$entry.creator.screenName
2010-05-28T12:34:46-04:00
2013-02-08T11:26:09-05:00
<div dir="ltr">
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">A few weeks ago, IPLaw 360 published an article titled, “Five Things Patent Examiners Wish You Would Do.” The article—aimed at patent practitioners—featured sound suggestions on things attorneys could do to help the examination process advance successfully. SPEs David Ometz, John Cottingham and Andrew Koenig, who were interviewed for the article, were spot on in their suggestions for examiners and attorneys to find common ground and work together so deserving applicants can get their patents and their innovations to market. </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">Here are their five tips:</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="TEXT-INDENT: -18pt; VERTICAL-ALIGN: top"><b>1. Set up an interview</span /></b></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">As I’ve said in this blog and in other fora, I’m a big believer in the power of interviews. When people talk to one another and listen to one another they can quickly understand points of agreement as well as differences, and resolve those differences in real time.</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">David Ometz put it perfectly: “An interview may not always result in the allowance of a case, but it can advance the prosecution, especially if it stalls out,” he said. “An examiner gets to hear firsthand from the attorney or applicant what the crux of the invention is, and that can help an examiner visualize the invention better in his head.”</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">Or, as John Cottingham said, “Communication allows for a better understanding on both sides and gets cases to move quickly.”</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="TEXT-INDENT: -18pt; VERTICAL-ALIGN: top"><b>2. Lay Out Arguments From the Get-Go</span /></b></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">Attorneys should be precise in their arguments, pointing out in a concise manner just how the invention is novel and how it is different from prior art. And they should do this at the outset, rather than waiting until after one or more office actions, or on appeal.</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">In the article, Andrew Koenig said, “I've seen multiple times during prosecution that it is not until the appeal brief that attorneys give me all of their arguments. But if they had showed me those earlier, we might have had a different result.” </span /></p>
<p style="VERTICAL-ALIGN: top">Getting precise information about the invention to the examiner early in the process can help advance prosecution and avoid unnecessary back and forth between the examiner and the applicant.</span /></p>
<p style="TEXT-INDENT: -18pt; VERTICAL-ALIGN: top"><b>3. Avoid Filing Excessive Claims</span /></b></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">Excessive claims in a patent application can unnecessarily prolong prosecution.</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">David Ometz rightly pointed out: “Often the claims seem to be repetitive and they are trying to get at the same inventive concept. If an application goes above 30 or 40 claims, an attorney should consider what is in there that may be extra and what each claim is adding to the patent application.”</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">This is clearly a scenario where more isn’t necessarily better. In fact, it's frequently worse. Applicants should consider whether claims beyond 30 or so are really necessary. In most cases, they probably are not.</span /></p>
<p style="VERTICAL-ALIGN: top"> </span /></p>
<p style="TEXT-INDENT: -18pt; VERTICAL-ALIGN: top"><b>4. Put It in English, Please</span /></b></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">Often applications from foreign filers are poorly translated into English, which can frustrate examiners and unnecessarily delay prosecution.</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">When an application is poorly translated and not in plain English, David Ometz noted: “It can be hard to understand what the invention is, and it could take an office action or two to sort through the claims to get at what they really mean.”</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="TEXT-INDENT: -18pt; VERTICAL-ALIGN: top"><strong>5. Come Prepared</span /></strong></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">This sounds simple enough, but sometimes attorneys come to an interview without the information or knowledge needed to have a productive discussion. Sometimes they seem not to know the case or are unable to articulate the inventive concept.</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">Andrew Koenig further explained that attorneys who are organized and well-prepared can help move the examination process forward and give examiners the information they need to do their jobs most effectively. He added: “At the end of the day, it's about helping the applicant and the examiner get on the same page.”</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">Of course, we all know that patent quality, and timely completion of the examinaton process, is a two way street -- a shared responsibility between the USPTO and patent applicants. We have lots of challenges on the USPTO side, and we're all working hard to overcome them. By the same token, these five tips are great best practices to help applicants do their part. The tips are all great, and I’m sure there are others you as applicants can share. It would be great to assemble at least five more, so that we can put out a "Top 10" list. What suggestions would you offer to other practitioners to help their chances of getting a patent?</span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </span /></p>
<p style="MARGIN: 0pt"> </p>
</div>
https://www.uspto.gov/blog/director/entry/the_new_ombudsman_pilot_program
The New Ombudsman Pilot Program
$entry.creator.screenName
2010-05-12T06:54:10-04:00
2013-02-08T11:25:44-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">By now you’ve no doubt heard about the Agency’s “Ombudsman Program” which was </span /><a title="http://www.uspto.gov/news/pr/2010/10_11.jsp" href="http://www.uspto.gov/news/pr/2010/10_11.jsp">announced</a> in early April. <br /><br />One of the Agency’s strategic priorities is to improve relations with our stakeholders. The newly initiated Ombudsman Pilot Program has been established to assist in meeting that priority. <br /><br />At times, when I am speaking with patent practitioners and applicants, they share their frustrations with the patent process. Examples include cases where the examination process has stalled or where applicants are unsure of the appropriate person to contact for assistance. At other times an applicant or attorney may simply need assistance getting connected with the USPTO employee who can assist them with a particular issue. <br /><br />To put it another way, applicants have asked for a pressure relief valve, and we have implemented it.<br /><br />To help with the above, and many other issues that may occur during the patent process, the Agency has implemented the Patents Ombudsman Pilot Program. The Program is running across all of our Technology Centers, using TC ombudsman representatives who are Supervisory Patent Examiners (SPEs) and Quality Assurance Specialists (QASs) prepared to field questions and concerns from the public and work with the appropriate PTO employees (SPEs, Directors, Petitions contacts, etc.) to facilitate responses. The ombudsman representative will help ensure that the applicant's issues are addressed quickly – usually within five business days. The ombudsman representative will also ensure confidentiality when requested by the applicant or applicant's representative. <br /><br />I look forward to our new Ombudsman Program strengthening the USPTO’s ability to provide our stakeholders with the most efficient and precise service possible. Please give it a try in cases where a pressure relief valve is needed. More information about the Ombudsman Program can be found on our </span /><a title="http://www.uspto.gov/patents/ombudsman.jsp" href="http://www.uspto.gov/patents/ombudsman.jsp">Web site</a>. I look forward to your feedback on the Program.</span /></span /></p>
https://www.uspto.gov/blog/director/entry/written_description_little_used_perhaps
Written Description--Little Used Perhaps, But Extremely Useful to Ensure Claims are Appropriately Scoped
$entry.creator.screenName
2010-05-05T13:03:01-04:00
2013-02-08T11:25:20-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">The written description requirement remains alive and well! On March 22, 2010, the Federal Circuit issued an en banc decision in <i>Ariad Pharmaceuticals, Inc v. Eli Lilly</i>, upholding the written description doctrine. By a substantial majority vote, the Court explained that the written description requirement is called for in the language of 35 U.S.C. § 112, first paragraph. The majority also explained that the written description requirement applies to both original and amended claims. Finally, the majority explained that the test for written description is “possession as shown in the disclosure” and embraced past ways for judging the adequacy of the disclosure, including whether the specification discloses a representative number of species, sufficient structure, and/or a sufficient correlation of function to structure. These same principles are discussed in the USPTO's own 2001 Written Description Guidelines and exemplified in the 2008 Revised Written Description Training Materials. <br /><br />The <i>Ariad </i>decision is important for the Office because written description is a critical tool for ensuring that an applicant does not claim more than she is entitled to claim. The Office recently conducted a survey of 6,865 final rejections issued over a 4.5 year period between 2005 and 2010. A written description rejection was made in about 9.7 percent of all applications during this time period. This data shows that the written description doctrine is essential to the Office’s ability to perform its basic examination function. <br /><br />Even if some would consider 9.7 percent to be little used, "little used" should not be conflated with “useless.” Far from it, the written description requirement is an essential “backstop” against overclaiming. And the written description doctrine is particularly useful in examining claims that employ functional language, or that merely set forth a desired result without any indication of what achieves that result. I call these “result-orientated” or "results obtained" claims, and strongly support our examiners using the written description requirement to prevent issuance of such vastly overbroad recitations. Unless an applicant has devised every solution to a problem, the applicant is not entitled to patent every solution. <br /><br />The majority in <i>Ariad</i> noted that functional claims have the potential to pose especially difficult problems, particularly when functional language is employed in a genus claim: “For example, a generic claim may define the boundaries of a vast genus of chemical compounds, and yet the question may still remain whether the specification, including original claim language, demonstrates that the applicant has invented species sufficient to support a claim to a genus. The problem is especially acute with genus claims that use functional language to define the boundaries of a claimed genus.”<br /><br />Thus, when confronted with functional claims, as with results obtained claims, I encourage examiners to carefully consider whether such claims -- amended or original -- are adequately supported by the specification. And the essential tool in this inquiry -- the written description requirement. Little used perhaps, but extremely useful to protect the integrity of the patent system, and the public, against the issuance of overbroad patents.<br /><br />What thoughts do you have about the use of the written description requirement? </span /></p>
https://www.uspto.gov/blog/director/entry/reengineering_the_mpep_part_2
Reengineering the MPEP: Part 2
$entry.creator.screenName
2010-04-28T05:27:48-04:00
2013-02-08T11:24:54-05:00
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">In early February I asked for reader ideas about how we might reengineer the MPEP, and I was pleased to see how many thoughtful suggestions you all made. With this post I want to let you know that your ideas have been heard, and we are acting on them. </p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">Many people suggested that additional information be provided alongside the current content, including:</p>
<p style="TEXT-INDENT: -18pt; MARGIN-LEFT: 18pt; VERTICAL-ALIGN: top">· </span />Examples of cases showing both sides of a rule</p>
<p style="TEXT-INDENT: -18pt; MARGIN-LEFT: 18pt; VERTICAL-ALIGN: top">· </span />Examples of reasons to combine that are sufficient to support obviousness</p>
<p style="TEXT-INDENT: -18pt; MARGIN-LEFT: 18pt; VERTICAL-ALIGN: top">· </span />Examples with case citations including active links to decisions</p>
<p style="TEXT-INDENT: -18pt; MARGIN-LEFT: 18pt; VERTICAL-ALIGN: top">· </span />Guidelines for when requirements are satisfied</p>
<p style="TEXT-INDENT: -18pt; MARGIN-LEFT: 18pt; VERTICAL-ALIGN: top">· </span />Definitions</p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">People also suggested that we re-organize content to reduce redundancy, provide links from sections to other related sections, and provide better indexing and search tools.</p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top"> </p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">In terms of wikis and online collaboration with the public, there was broad consensus that the USPTO should be the keeper of the official version of the text, but that it would be useful to have outside contributions to the content, in several different forms. These included:</p>
<p style="TEXT-INDENT: -18pt; MARGIN-LEFT: 18pt; VERTICAL-ALIGN: top">· </span />Encouraging readers to post comments about the current text, on a section-by-section basis, to point out errors, make clarifications, and add examples of interpretations and links to case law and other materials.</p>
<p style="TEXT-INDENT: -18pt; MARGIN-LEFT: 18pt; VERTICAL-ALIGN: top">· </span />Posting preliminary content and then encouraging the community to comment on this new content before it becomes official. This might include a wiki section for adding additional content.</p>
<p style="TEXT-INDENT: -18pt; MARGIN-LEFT: 18pt; VERTICAL-ALIGN: top">· </span />Periodically summarizing and following up on the comments on each section, both to ensure those with merit are acted upon, and to keep the comments on each section from becoming too cluttered.</p>
<p style="TEXT-INDENT: -18pt; MARGIN-LEFT: 18pt; VERTICAL-ALIGN: top">· </span />Providing a way for the community to discuss and debate topics such as how to interpret recent court decisions.</p>
<p style="MARGIN: 0pt; VERTICAL-ALIGN: top">We are now fully engaged in converting the contents of the MPEP into a more modern set of tools and are looking at collaboration tools to support the suggestions we have received. Watch this space for further developments. Thank you again for your input, and keep it coming!</p>
<p style="LINE-HEIGHT: 20.4pt; MARGIN: 0pt; VERTICAL-ALIGN: top"> </p>
https://www.uspto.gov/blog/director/entry/celebrating_america_s_greatest_inventors
Celebrating America's Greatest Inventors
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2010-04-06T12:47:58-04:00
2013-02-08T11:23:53-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>It was just a spectacular time to be in Washington D.C. last week. The weather was as good as it gets and the cherry blossoms were in full flower. It all made for a perfect setting for the annual induction ceremony of the National Inventors Hall of Fame. I had the great pleasure of participating in the ceremony, which was held at the Department of Commerce auditorium. It was the first time the event had been held in Washington since 1988. <br /><br />The USPTO co-founded the Hall of Fame in 1973 and has always supported its noble mission of paying homage to the innovative giants of our time. And what a </font /><a href="http://www.uspto.gov/about/offices/opa/inventors_hall_fame.jsp">class of inductees </font /></a>we had this year. Collectively, they have amassed 387 patents. Their innovations have saved millions of lives, improved the quality of life for countless others and transformed the way just about everyone on the planet communicates, navigates and entertains themselves.<br /><br />They join the 421 inductees who are enshrined at the </font /><a href="http://www.uspto.gov/about/offices/opa/museum.jsp">National Inventors Hall of Fame and Museum </font /></a>on the USPTO campus. If you haven't had a chance to visit the Hall of Fame and Museum, I hope you will do so soon. There you will be able to grasp the immense contributions that these women and men have made to society. The technologies they have created are a road map through the progress of the modern world, a patent-by-patent history of the evolution of technology.<br /><br />Shortly after becoming Director of the USPTO last August, I visited the Hall of Fame. It was, even for someone like me who has spent my entire adult life working with inventors, an inspiring experience. But I took something even more important away from that visit--a renewed commitment to the cause of reforming and transforming the USPTO and creating a more modern patent system that better serves America's innovative genius. I can think of no better way for all of us at the USPTO to honor and thank these amazing people than to pledge ourselves to achieving that goal.<br /><br />As always I look forward to your comments and suggestions. </font /></p>
https://www.uspto.gov/blog/director/entry/streamlining_the_appeals_process_and
Streamlining the Appeals Process and Reducing Appeal Pendency
$entry.creator.screenName
2010-03-30T13:20:08-04:00
2013-02-08T11:23:27-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">I thought I would let you know about a new streamlined procedure we have instituted for review of briefs filed in ex parte appeals in patent applications. Under the new procedure, the Chief Judge of the Board of Patent Appeals and Interferences (BPAI) will have the sole responsibility for determining whether appeal briefs comply with the formality requirements governing the content of these briefs. This new procedure eliminates two layers of review; previously the Patent Appeal Center and the examiner were required to review patent appeal briefs and evaluate their compliance with the formality requirements. </p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">The new streamlined process was instituted in response to suggestions made during the January 20, 2010 BPAI Roundtable at which stakeholders suggested that we simplify the procedure for determining whether briefs comply with the rules. We listened, and have now instituted the new streamlined procedure that is also likely to reduce appeal pendency. </p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Under the streamlined procedure, only the Chief Judge and his staff will conduct a compliance review of appeal briefs, and will do so at the time the appeal brief is filed. If a brief is determined not to comply with the applicable regulations, the Chief Judge will promptly send the appellant a notice and provide a time period within which an appellant can file a corrected brief. The Chief Judge will also have the sole responsibility for determining whether corrected briefs comply with the applicable regulations and addressing any inquiries and petitions regarding notices of noncompliant briefs. Because this change affects only the internal process within the USPTO, applicants should continue to follow all procedures set forth in the regulations.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">We expect this new procedure to reduce appeal pendency from the filing of a notice of appeal to the docketing of the appeal. We expect a further reduction in pendency because the streamlined procedure will increase the consistency of the review, and thereby reduce the number of notices of noncompliant appeal brief and non-substantive returns from the BPAI that require appellants to file corrected appeal briefs. </p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">To further reduce the number of noncompliant appeal briefs, the Chief Judge has posted on the USPTO website the <a href="http://www.uspto.gov/ip/boards/bpai/procedures/top_8_reasons_appeal_brf_dec09.pdf">“Top Eight Reasons Appeal Briefs are Non-Compliant”</a>—which applicants should read closely to avoid the common mistakes that result in defective briefs and delays.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Additional details about this new procedure are outlined in a <a href="http://www.uspto.gov/cgi-bin/exitconf/internet_exitconf.pl?target=edocket.access.gpo.gov/2010/pdf/2010-7034.pdf">Federal Register </a>notice publishing presently. As always, comments are welcome. In fact, this entire change is the product of IP community comments. Thanks for keeping them coming!</p>
https://www.uspto.gov/blog/director/entry/trademarks_next_generation
Trademarks Next Generation
$entry.creator.screenName
2010-03-22T05:25:58-04:00
2013-02-08T11:23:04-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">I’d like to focus today on something in the works for Trademarks. One of the goals I have for Trademarks is complete end-to-end electronic processing internally and externally. We’re calling our project <b>Trademarks Next Generation</b>, and I’m excited about providing a system that is faster, more practical, much more feature-rich, and reliable for both the public and our staff. </p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Virtualization and cloud computing are now industry standard in information technology solutions, and we want to take advantage of this technology in our aim to provide full end-to-end electronic processing for Trademarks. Harnessing this technology necessitates a redesign of our present system, giving us the opportunity to further functionality, flexibility and mobility for our users -- Trademarks employees, trademark applicants, and trademark owners. </p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">To give you an idea, we’d like to provide trademark applicants and trademark owners the ability to manage applications and registrations on-line, as well as an automated “watch” service to notify requestors of status changes in applications and registrations, just to name a few functions. Because the purpose of this initiative is to provide functionality and capabilities for *you*, we hope you’ll join us in moving forward with the project by sending your ideas and suggestions to <a href="mailto:TMideas@uspto.gov">TMideas@uspto.gov</a><b><u> </u></b> </span />or by posting them here on my blog.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">I look forward to your input on this important initiative.<span> </span></p>
https://www.uspto.gov/blog/director/entry/revising_the_examiner_pap
Revising the Examiner PAP
$entry.creator.screenName
2010-03-18T13:43:33-04:00
2013-02-08T11:22:31-05:00
<div>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%" lang="EN"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%" lang="EN"></span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%" lang="EN">I am pleased to report that a new joint labor and management project is now officially under way to update the patent examiner performance appraisal plan (PAP) and to evaluate the existing processes for addressing performance and conduct issues at the USPTO. I recognize that our workforce is our most valued resource and believe that managers must make every effort possible to ensure each employee’s success. </span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%" lang="EN"> </span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%" lang="EN">The focus of the task force is to align the patent examiner PAP to organizational goals, and ensure strategic alignment at all levels. A strong emphasis will be placed on clearly defining objective measures that will be universally applied during the performance appraisal process, as well as developing a framework that focuses on coaching, mentoring, and training. The task force will be looking to modify the PAP to ensure transparency, educate employees on their responsibilities, and enable managers to set clear expectations and objectives for the achievement of organizational goals. In doing so, together we will improve the USPTO's management and employee development, in turn increasing our Agency's contribution to economic growth and opportunity.</span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%" lang="EN"> </span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%" lang="EN">The task force is headed by Peggy Focarino, Deputy Commissioner for Patents, and Robert Budens, POPA President, and consists of eight members (four from management and four from POPA). The group will spend the next six weeks working collaboratively toward the above goals.</span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%" lang="EN"> </span></p>
<p style="LINE-HEIGHT: 150%; MARGIN: 0pt"><span style="LINE-HEIGHT: 150%" lang="EN">I encourage you to provide your ideas and feedback directly to the task force at <a href="mailto:ExaminerPAPQuestions@uspto.gov">ExaminerPAPQuestions@uspto.gov</a> or here on my blog.</span></p>
</div>
https://www.uspto.gov/blog/director/entry/ex_parte_frye_bpai_s
Ex Parte Frye: BPAI’s Standard of Review of Examiners’ Rejections
$entry.creator.screenName
2010-03-09T11:39:33-05:00
2013-02-08T11:21:12-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Today, in a <a href="http://www.uspto.gov/ip/boards/bpai/decisions/prec/fd09006013.pdf">precedential opinion</a> that I was pleased to join as a panel member, the Board of Patent Appeals and Interferences clarified its standard of review of examiners’ rejections. The opinion makes clear that “the Board reviews the particular finding(s) contested by an appellant <u>anew</u> in light of all the evidence and argument on that issue.” This means that the Board does not give deference to positions taken by the examiner when considering an appellant’s argument specifically challenging the examiner’s findings. </p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">This decision clarifies the Board’s longstanding practice. An appellant has always been required to identify, by way of argument to the Board, the alleged error in the examiner’s rejection. And the law is clear that “the Board must necessarily weigh all of the evidence and argument” relative to any matter about which the appellant has alleged error. </p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Secondly, the <i>Frye</i> opinion cautions, however, that “[i]f an appellant fails to present arguments on a particular issue – or, more broadly, on a particular rejection – the Board will not, as a general matter, unilaterally review those uncontested aspects of the rejection,” and such unasserted arguments may be deemed to have been waived. This concept is hardly new to litigators or to the patent bar. The well-established rule of “waiver” has long applied to Board proceedings. </p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">The well-respected principles of appellant advocacy reaffirmed in <i>Frye</i> are also essential to the effective functioning of a Board whose projected inventory of appeals for FY 2010 is 16,500 cases. It would be unreasonable to expect the Board’s roughly 80 Administrative Patent Judges (APJs) to consider arguments that appellants could have raised but did not raise in the briefs.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">In summary, preserving a complete de novo review on the one hand, while not diverting Board effort into issues not raised by the appellant on the other hand, preserves the right balance between thorough review and administrative efficiency.</p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">I would like to thank our Board Judges, patent attorneys, paralegals and support staff for their hard work and for giving Deputy Director Barner and me the opportunity to sit on the <i>Frye</i> panel as statutory members of the Board. I appreciate the great challenges that the judges face in tackling their inventory of appeals, and I look forward to participating in other cases that have the potential to provide greater clarity and guidance to the public and, ultimately, help our APJs do their job.</p>
<p> </p>
https://www.uspto.gov/blog/director/entry/good_news_for_design_patent
Good News for Design Patent Holders
$entry.creator.screenName
2010-03-03T04:15:47-05:00
2013-02-08T11:20:44-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Now here’s some good news for patent holders, and especially for design patent holders. Last week, the CAFC reversed an ITC decision holding that none of the interveners infringed U.S. Patent No. D517,789. <i>Crocs, Inc. v. International Trade Comm’n, </i>__ F.3d __ (Fed. Cir. 2010)(Rader, J.).</span /> </span />The ‘789 design patent is for the familiar Crocs foam footwear. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">Judge Rader, writing for the court, drove home the point that minor differences between a patented design and an accused article’s design cannot prevent a finding of infringement. The court again cautioned trial courts about excessive reliance on detailed verbal description of design claims, and referenced the Manual of Patent Examining Procedure for the proposition that “the illustration in the drawing views is its own best description.” The court pointed out that the verbal claim construction had focused on particular features of the claimed design, and hence had led the Commission away from considering the claimed design as a whole. The court then reiterated that in applying the ordinary observer test for infringement recently clarified in <i>Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir. 2008)</i>, the emphasis must be on the design as a whole. By performing side-by-side comparisons of the drawings of the ‘789 patent design and the accused products, the court concluded that “an ordinary observer, familiar with the prior art designs, would be deceived into believing the accused products are the same as the patented design.” This decision raises the value of innovation protected by patents and shows that the Federal Circuit is behind IP owners who put their confidence in our patent system. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">Design patent protection is increasingly viewed as strategically important for innovators small and large because it is an efficient and cost effective way to give an owner the right to prevent others from making, using, or selling a product that so resembles the patented product. In the last five years, the USPTO processed more than 25,000 design patent applications per year. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">In a win-win for innovators, the <i>Crocs</i> court also reversed the Commission’s ruling of invalidity of a related utility Patent No. 6,993,858 and clarified the obviousness standard. It found that the ‘858 patent would not have been obvious because it is not simply a combination of elements found in the prior art, which would actually teach away from the use of foam straps. Citing <i>KSR Int’l Co. v.</i> <i>Teleflex Inc.,</i> 550 U.S. 398 (2007), the court further stated that even if the ‘858 patent were a combination of known elements, “it yields more than predictable results.”</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">What are your thoughts on this decision and the direction of design patent law?</span /></p>
https://www.uspto.gov/blog/director/entry/working_through_snowmageddon
Working Through Snowmageddon
$entry.creator.screenName
2010-02-12T11:36:42-05:00
2013-02-08T11:20:17-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">It is probably safe to say this week did not turn out like anyone had originally planned. In my case, a solid slate of meetings each day either turned into conference calls or were postponed in view of people being unable to reach the office. And as someone who has lived in cold New England for most of the last decade, I can vouch that this week has been "the real thing" in terms of rough sledding, if you'll excuse the metaphor. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">But while it would have been understandable for folks at our agency to be mostly idled by the unprecedented weather conditions, I have been really impressed both with the high level of productivity generally, and with the creativity our team has demonstrated in carrying forward despite the weather. This is where we see the benefits of an adaptive workforce, and teleworking, really shine. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">As one example, the Trademarks team has leveraged its Trademark Work at Home program to maintain fully 86% of normal workday production this week. Frankly, holding productivity that high in the face of not only a total office shutdown, but a near-total societal shutdown, is amazing -- better than would be expected even in the private sector. </span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">Another great example comes out of the Patents team, where a group of examiners self-organized to conduct a "Snowstorm Quality Enhancement Meeting (or QEM)." They used teleconferencing from a combination of phones and laptops, established an attendance list to ensure everyone on the call was known and able to actively participate, and proceeded through the attendance list examiner-by-examiner to discuss issues and resolve them in real time. The result was a robust discussion producing truly helpful solutions, and a genuine exchange. Participants commented that the Snowstorm QEM may actually have been *more* efficient and thorough than some in-person QEMs.</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">Agency-wide, more than 3,000 employees logged on to our Virtual Private Network (VPN), in addition to the thousands of others who logged in through our Webmail client or Blackberrys. This is remarkable considering how many in the area have had several days without electricity and/or Internet access.</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">And I must also mention the steadfast work of the administrative team in the Office of the Under Secretary, which I'm sure like many other administrative teams around the Agency, transitioned seamlessly to work from home this week-- moving meetings over to conference calls, scheduling new calls in real time, and keeping us working efficiently from wherever we have all been stuck. This week has reminded me of one of my management lemmas: our administrative support teams provide the platform for everything we do, and we'd get very little done without their support.</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">It is really encouraging as a leader and manager to learn about teams of folks getting together to find a way to get things done, despite all the impediments we have dealt with this week. How was your office impacted by this week’s weather? </span />Were you able to telework like so many of our employees did? </span />I look forward to hearing your stories.</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
https://www.uspto.gov/blog/director/entry/reengineering_the_mpep
Reengineering the MPEP
$entry.creator.screenName
2010-02-03T07:31:08-05:00
2013-02-08T11:19:48-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Ever since I started at the Agency (in fact, even before I started), examiners and practitioners from all over the country have been saying, "You need a major rewrite of the MPEP. And while you're rewriting it, please consider using 21st century authoring and contributing techniques such as those that have enabled collaborative communities to author other important documents using the Internet."<br /><br />Well I've been mulling over the question of how to <em><span style="FONT-STYLE: normal">improve</span></em> the MPEP. For starters, I agree that it <em><span style="FONT-STYLE: normal">takes too long to update the MPEP</span></em>. And like other antiquated IT-based processes at the USPTO that have received public attention recently, it might not surprise you to learn that the authoring and source file environment we use to maintain and change the MPEP is an embarrassment. <br /><br />So we have yet another IT project to undertake. But the good news is that this one is not extremely complex -- good commercial authoring environments for large monolithic documents having multiple contributors are readily available.<br /><br />This leaves the question of the substantive process we use to substantially update and improve the MPEP. Do we keep the process within the USPTO, perhaps adding a wiki for use in receiving IP community input as new versions come out?<br /><br />Or do we open the MPEP development process up to real-time IP community input, so that each successive version is "community created" as much as possible?<br /><br />And what if any new features do we include in the new MPEP? More examples? Greater integration of guidelines? Links to related USPTO online examiner education materials?<br /><br />I'd really appreciate your thinking and recommendations. The objective is to create a new MPEP that will enable practitioners and examiners to find information quickly, get accurate and complete guidance, and ensure that all patent applications comply with the laws and regulations governing the patent system.</span /> </span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt 0pt 10pt">I look forward to reading your suggestions.</span /></p>
<p> </p>
https://www.uspto.gov/blog/director/entry/thanks_patents_team_compact_prosecution
Thanks Patents Team -- Compact Prosecution is Working!!!
$entry.creator.screenName
2010-01-26T12:28:13-05:00
2013-02-08T11:19:19-05:00
<p style="MARGIN: 0pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">For the entire Patent corps, I just wanted to let you know about the outpouring of "Thanks" I am hearing from practitioners and inventors all over the country. Everywhere I go, and everywhere the other senior leaders of the Office go, we are hearing from applicants that they truly appreciate that examiners are reaching out to them, offering to help, engaging in a cooperative search for allowable subject matter, and most importantly getting down to business -- the business of finding the core issues with patent applications and resolving them. Of course, this chorus of thanks goes to the examining corps. So thanks – it’s working -- you are doing the right thing -- and the world is noticing!</span /></p>
<p style="MARGIN: 0pt"> </span /></p>
<p style="MARGIN: 0pt">By the way, I'm also hearing (sometimes the second sentence after the big "Thanks") that when examiners and applicants get on the phone, or get together for interviews, we are suggesting narrowing amendments and combinations of dependent subject matter into independent claims, such that the patented claims would be narrower than the ones originally presented by the applicant. And to that I reply: "Please thank the examiner; she/he is doing precisely what they should be doing!" </span />Our mission is to advance the best interests of the innovation system, which means granting appropriate patents so that innovators can build businesses and create jobs -- but granting only what meets the statutory requirements, and no more.</span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">I encourage our patent examiners to continue reaching out, and continue conducting interviews at any point in the examination process where an interview makes sense, whether it’s before the first action, after the final action, or after an RCE is filed.</span /></p>
<p style="MARGIN: 0pt"> </p>
<p style="MARGIN: 0pt">Keep up the good work!</span /></p>
https://www.uspto.gov/blog/director/entry/spe_pap_award_task_force
Director's Response: SPE PAP – Award Task Force
$entry.creator.screenName
2010-01-13T12:25:47-05:00
2013-02-08T11:18:51-05:00
<p style="LINE-HEIGHT: 200%; MARGIN: 0in 0in 6pt"><span><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></span></p>
<p style="LINE-HEIGHT: 200%; MARGIN: 0in 0in 6pt"><span>My thanks to everyone for their thoughtful comments on my recent SPE – PAP/Award Task Force Blog. The responses touched a number of important themes that I would like to address. First, I want to point out that the SPE PAP – Award Task Force is part of a larger, overarching effort to revamp the performance plans of all managers including Technology Center Directors, Deputy Commissioners, and Commissioners. </span><span>Their performance plans will be revised to reflect a leadership culture of increased employee development responsibility, cooperation, collaboration, transparency and responsiveness that we are working to establish at the USPTO.</span></p>
<p style="LINE-HEIGHT: 200%; MARGIN: 0in 0in 6pt"><span>I agree with the perspective of a number of posts that training for supervisors – both new managers as well as experienced managers – is a critical investment for the USPTO. </span>It is true that many individuals join the ranks of management with little or no direct management experience and on –the- job training is essential. It is also true that formal management training can provide needed insights and perspectives that would otherwise take years to acquire. This is one reason we are moving ahead with a Leadership Development Program </span /><span>that will strengthen the management skill set we develop in all our managers.</span></p>
<p style="LINE-HEIGHT: 200%; MARGIN: 0in 0in 6pt"><span>The importance of employee retention was also noted. </span>I couldn’t agree more. </span /><span>Our employees are by far the most important asset of our Agency -- they literally make the USPTO work. We invest a large amount of time and effort in the training of our examiners to provide them the knowledge and skills needed for a successful career. We want our solid performers to stay, contribute, and add value at the USPTO. So it is important to me that all managers work with employees to assist them in developing their careers to the greatest extent possible. We have added the critical element of Coaching/Mentoring to the SPE PAP to reflect the important role supervisors play in our employees' career development. The SPE who is adept at the roles of coach and mentor can make all the difference in an examiner’s choice to make the USPTO a full-career employer. </span></p>
<p style="LINE-HEIGHT: 200%; MARGIN: 0in 0in 6pt"><span>There were several suggestions that some component of SPE performance include examiners' input. Others mentioned peer input as a useful information source for SPE development. I think both of these suggestions have merit. I will ask the SPE Task Force to explore these concepts and develop assessment tools that offer examiners and peers the opportunity for constructive feedback. <br />The SPE PAP - Award Task Force is reviewing feedback from external stakeholders, POPA, and my Blog. If you have any other suggestions, please submit them soon; the FY 2010 SPE PAP will be finalized in early February.<br />Thank you.</span></p>
https://www.uspto.gov/blog/director/entry/spe_performance_appraisal_plan_award
SPE Performance Appraisal Plan-Award Taskforce
$entry.creator.screenName
2009-12-23T08:13:54-05:00
2013-02-08T11:18:14-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Our first-line managers play a critical role in the achievement of USPTO goals. In fact, my management experience has taught me that first-line managers have *<b>far</b>* more impact on the employees they manage than anyone else in the enterprise – more ability to develop employee skills and careers, more ability to produce outcomes that are successful for both employee and the enterprise. Their day-to-day work as coaches, guides, trainers, and mentors for employees is essential to creating a supportive, effective workplace. I personally want to express my appreciation to our first-line managers -- the ranks of the Supervisory Patent Examiners (SPEs) -- for their exceptional work in furthering the aims of the USPTO and for the support I know they will provide as we confront our many challenges in the future.</span /></p>
<p>To reflect the importance of the SPE role, I established a taskforce with representatives from each of the Technology Centers to totally revamp the performance appraisal plan (PAP) and award program for SPEs. The SPE PAP-Award Taskforce has crafted a performance appraisal plan that reflects key priorities of the Patents organization: enhanced examination quality, reduced application pendency and improved stakeholder responsiveness. In addition, the new SPE PAP provides increased recognition of key SPE activities in developing their employees while also recognizing the importance of contributions to Tech Center and corps-wide initiatives. </span /></p>
<p> The new FY10 SPE PAP reflects the varying roles and responsibilities of SPEs, and gives rating officials the opportunity to provide a fair, accurate assessment of SPE activities and efforts. A SPE Award program, consonant with the new PAP, is also being created by the Taskforce to reward the achievement of challenging goals and objectives.</span /></p>
<p>The new SPE PAP includes the following elements:</span /></p>
<p>• A revamped <b>Quality</b> (25%) element reflecting the Patent Corps focus on addressing the individual developmental needs of examiners, for example by reviewing work at all stages of prosecution.</span /></p>
<p>• A new <b>Pendency Reduction</b> (25%) element aligning with Patent priorities and focusing on pendency reduction by combining activities related to both workflow and productivity.</span /></p>
<p>• A new <b>Stakeholder Responsiveness</b> (20%) element recognizing the importance of SPE accountability to both external and internal constituencies, including responsiveness to external calls/inquiries and availability/accessibility to Art Unit examiners.</span /></p>
<p>• A new <b>Coaching/Mentoring</b> (15%) element recognizing efforts of SPEs in performing core management of their Art Unit in meeting Office goals and providing for acknowledgement of the unique training and mentoring contributions of SPEs in Art Units with varying examiner experience levels.</span /></p>
<p>• A revised <b>Leadership</b> (15%) element providing recognition for SPE creativity and innovation in actions taken in the Art Unit as well as Tech Center and Corps wide projects/initiatives.</span /></p>
<p>A similar review of performance appraisal plans and awards will be conducted for other Patent managers, including Training Quality Assurance Specialists (TQAS), Special Program Examiners (SPREs), and Trainer positions.</span /></p>
<p>The work of the SPE PAP Award Taskforce marks an important positive step in ensuring our SPEs receive clear direction that are clearly in line with the goals of the USPTO. </span /></p>
<p>But, as always, I am interested in feedback, and the task force is interested in feedback from both our internal and external stakeholders. Please take advantage of this opportunity and send your input to the SPE PAP-Award Task force mailbox (<a title="mailto:spepapawardtaskforce@uspto.gov" href="mailto:spepapawardtaskforce@uspto.gov">spepapawardtaskforce@uspto.gov</a>), or to me directly here on the Director’s Forum blog.</span /></p>
<p> </p>
<p> </p>
https://www.uspto.gov/blog/director/entry/madrid_protocol_challenges_facing_trademark
Madrid Protocol: Challenges Facing Trademark Filers
$entry.creator.screenName
2009-12-15T07:04:50-05:00
2013-02-08T11:17:40-05:00
<p style="MARGIN: 0in 0in 10pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0in 0in 10pt">Switching gears this week to the “T” in USPTO, one issue trademark practitioners will be dealing with soon is the filing of affidavits for a registered extension of protection under the <a title="http://madrid%20protocolwww.wipo.int/madrid/en/" href="http://www.wipo.int/madrid/en/">Madrid Protocol</span /></a>. The first affidavit will come due between February 1, 2010, and February 1, 2011. Absent a legislative change to treat these affidavits the same as those for other trademark registrations (more on this below), owners and practitioners will need to take extra special care to adjust their docketing procedures and systems and verify all filing deadlines in these Madrid Protocol cases.</span /></p>
<p style="MARGIN: 0in 0in 10pt">As trademark practitioners know, the requirement of submission of affidavits of use in commerce or excusable nonuse is needed to maintain all trademark registrations and to help clear the register of inactive marks. The requirements for these affidavits, however, differ for registered extensions of protection filed under the Madrid Protocol.</span /></p>
<p style="MARGIN: 0in 0in 10pt">The current statutory scheme neither affords them the same “grace periods” for late filing, nor does it provide the ability to correct deficiencies after the due date for registered extensions of protection under the Madrid Protocol. For all other U.S. trademark registrations, the statute provides a six-month grace period and the ability to correct deficiencies. For registered extensions of protection, however, the statute provides no grace period for the first affidavit, and a shorter three-month grace period for subsequent affidavits. </span /></p>
<p style="MARGIN: 0in 0in 10pt">The USPTO is well-aware of the challenges facing trademark owners and practitioners in adjustments to docketing procedures and systems, as well as costly adjustments to the USPTO workflow and systems if this disparity is not amended. The USPTO supports legislative changes to rectify these discrepancies and treat registered extensions of protection consistently with other U.S. trademark registrations.</span /></p>
<p style="MARGIN: 0in 0in 10pt">While looking forward to legislative changes, practitioners and trademark owners need to start thinking now about how to effectively manage the registered extensions of protection, and how to avoid inadvertent cancellation while the legislation remains pending. A good starting point would be reviewing registration portfolios and flagging registered extensions of protection issued in 2005. I also strongly encourage filers to confirm the accuracy of all filing deadlines for registered extensions of protection, and to file as early as possible during the statutory period. An early filing minimizes the impact of oversights and errors that may occur in last-minute filings. </span /></p>
<p style="MARGIN: 0in 0in 10pt">I look forward to working together with trademark owners and practitioners to address these important issues.</span /></p>
https://www.uspto.gov/blog/director/entry/accelerating_green_innovation
Accelerating Green Innovation
$entry.creator.screenName
2009-12-08T04:33:31-05:00
2013-02-08T11:17:01-05:00
<p style="MARGIN: 0in 0in 10pt"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p style="MARGIN: 0in 0in 10pt">Yesterday I participated in a press conference with U.S. Commerce Secretary Gary Locke and Secretary of Energy Steven Chu to unveil an exciting new initiative that will drive innovation in the green technology sector, increase U.S. competitiveness in green technology, and create green jobs. The USPTO initiative, which launches today as the world looks to the United Nations Climate Change Conference in Copenhagen, Denmark, is a pilot program designed to reduce the average processing time of green technology patent applications. </p>
<p style="MARGIN: 0in 0in 10pt">Through this program, applications already on file in certain green technology areas will be eligible to be accorded special status and examined on an accelerated basis. To be eligible, applicants must file a no-cost petition for special status and indicate how the invention materially contributes to environmental quality, the discovery or development of renewable energy resources, more efficient utilization and conservation of energy resources, or greenhouse gas emission reduction. The pilot will be open to the first 3,000 applications for which a proper petition is filed. If successful, the program may be expanded down the road. </p>
<p style="MARGIN: 0in 0in 10pt">You can read more about the program in this <a href="http://www.uspto.gov/news/pr/2009/09_33.jsp">press release</a> and in my <a title="http://uspto.gov/news/speeches/2009/2009nov07.jsp" href="http://www.uspto.gov/news/speeches/2009/2009nov07.jsp">remarks</a> from the press conference, as well as press accounts of the announcement including <a title="http://www.nytimes.com/gwire/2009/12/07/07greenwire-obama-admin-will-speed-reviews-of-green-patent-96355.html" href="http://www.nytimes.com/gwire/2009/12/07/07greenwire-obama-admin-will-speed-reviews-of-green-patent-96355.html">NYTimes.com</a> and <a title="http://online.wsj.com/article/BT-CO-20091207-709516.html" href="http://online.wsj.com/article/BT-CO-20091207-709516.html">WSJ.com</a>.</p>
<p>We will monitor the program carefully and will share updates with you along the way. And, of course, we welcome your comments and feedback.</p>
<p> </p>
https://www.uspto.gov/blog/director/entry/facilitating_development_of_the_law
Facilitating Development of the Law
$entry.creator.screenName
2009-12-03T05:14:13-05:00
2013-02-08T11:16:21-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>I recently gave a speech at the George Washington University School of Law about the USPTO’s important role in facilitating the development of IP law. In the wake of decisions such as <i>KSR </i>and <i>Bose, </i>and with the <i>Bilski </i>Supreme Court decision on the horizon, the IP community certainly could use more clarity in several areas of law. </p>
<p>Here’s an example. The <i>KSR</i> decision expanded the means by which examiners can reject on obviousness grounds. At the same time, it did not provide clear guidance on what constitutes a person of ordinary skill in a particular art area. </p>
<p>Moreover, obviousness inquiries are beginning to shift toward a weighing of the types of evidence applicants can rely on to establish non-obviousness such as unexpected results and secondary consideration evidence. </p>
<p>The process has become more costly, time-consuming, and there is still plenty of room for increased clarity and greater predictability. </p>
<p>The IP community needs guidance on obviousness. But that’s not all. The applicant community and examiners also need clarification in areas of written description and enablement, means plus function claiming and late claiming -- to name a few. </p>
<p>The USPTO has the opportunity to help facilitate the development of the law through the Board of Patent Appeals and Interferences and the Trademark Trial and Appeal Board. We intend to identify test cases and promptly decide those cases so that the community can get clarity earlier. And of course our reviewing court, the Federal Circuit, plays a pivotal role in shaping the law by reviewing those Board decisions that applicants choose to appeal.</p>
<p>The USPTO is going to make sure the Board issues decisions that will set good precedent and that can, in conjunction with Federal Circuit decisions, set the proper balance and provide answers on the challenging legal questions that face the IP community. </p>
<p>I hope to hear your thoughts and suggestions on this topic.</p>
<p> </p>
https://www.uspto.gov/blog/director/entry/the_impact_of_ksr
The Impact of KSR
$entry.creator.screenName
2009-11-24T08:58:30-05:00
2013-02-08T11:15:18-05:00
<span style="FONT-FAMILY: "Palatino Linotype"; COLOR: black">
<p><span style="COLOR: black"><font face="arial,helvetica,sans-serif"><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></font></span></p>
<p><span style="COLOR: black"><font face="arial,helvetica,sans-serif">As you all know, the Supreme Court’s April 2007 decision in <u>KSR v. Teleflex</u> was a landmark case in the law of obviousness.<span> </span>Although the <span> </span>KSR Court reaffirmed the well-known <u>Graham v. John Deere</u> inquiries as the appropriate framework for evaluating claims under 35 U.S.C. 103, the Court’s emphasis on a flexible approach clearly calls for new thinking about obviousness by patent examiners and practitioners alike.<span> </span><span> </span></font></span></p>
<p><span style="COLOR: black"><font face="arial,helvetica,sans-serif">For its part, the Office’s first step toward addressing the implications of the <u>KSR</u> decision was to publish examination guidelines – available at </font><a href="http://www.uspto.gov/web/offices/com/sol/notices/72fr57526.pdf"><font face="arial,helvetica,sans-serif">http://www.uspto.gov/web/offices/com/sol/notices/72fr57526.pdf</font></a><font face="arial,helvetica,sans-serif"> – for its personnel to follow when determining obviousness. <span> </span>In accordance with the Supreme Court’s instructions regarding flexibility, the guidelines recognized that an examiner’s approach to obviousness had been broadened beyond the strict teaching-suggestion-motivation test.<span> </span>At the same time, they also stressed that in order to arrive at a proper conclusion of obviousness, examiners still needed to couple sound reasoning with particular findings of fact.<span> </span></font></span></p>
<p><span style="COLOR: black"><font face="arial,helvetica,sans-serif">It has now been just over two years since the publication of the guidelines, and I think it’s understandable that practitioners have been asking the Office for additional guidance.<span> </span>We have heard the public’s concerns about the manner in which the Office is applying the <u>KSR</u> decision.<span> </span>Some have suggested that the Office is determining obviousness in a way that stifles innovation by refusing patents for truly inventive subject matter.<span> </span>They’ve asked us to provide examples of non-obvious claims in view of <u>KSR</u>.<span> </span>Such examples would serve as a complement to the examples of obvious claims already in the guidelines. <span> </span></font></span></p>
<p><span style="COLOR: black"><font face="arial,helvetica,sans-serif">Now that a body of case law has been decided in light of the <u>KSR</u> decision, we are able to undertake that task.<span> </span>Office personnel are presently reviewing court decisions with an eye toward identifying factual scenarios to illustrate the developing law of obviousness.<span> </span>The obvious-to-try rationale is one that seems to be garnering quite a bit of interest, and has already been addressed in several such court decisions.<span> </span>We also recognize that this task will be on-going, as the Federal Circuit – and perhaps the Supreme Court – continues to weigh in on the question of obviousness.<span> </span></font></span></p>
<p><font face="arial,helvetica,sans-serif"><u><span style="COLOR: black">KSR</span></u><span style="COLOR: black"> has unquestionably refocused the obviousness inquiry by reinvigorating the fundamental questions of Graham.<span> </span>Because the Supreme Court clarified that teaching-suggestion-motivation was not the sole test of obviousness, the Graham analysis is not to be carried out in a rigid manner.<span> </span>As a result, some claims that may have been found to be non-obvious before <u>KSR</u> will now correctly be found to be obvious. </span></font></p>
<p><span style="COLOR: black"><font face="arial,helvetica,sans-serif">Inventors and practitioners will need to take these developments into account when preparing and prosecuting applications.<span> </span>For example, it may be necessary to review a broader cross-section of prior art than was previously necessary, or to consider filing evidence of unexpected results earlier rather than later in the course of prosecution. <span> </span>By being proactive, practitioners will expedite prosecution and avoid unnecessary fees and RCE filings.<span> </span><span> </span></font></span></p>
<p><span style="COLOR: black"><font face="arial,helvetica,sans-serif">I am committed to providing appropriate and ongoing education for examiners and managers to ensure that the Office is applying <u>KSR</u> and other relevant obviousness decisions as faithfully and clearly as possible.<span> </span>To that end, I would like to continue to hear your concerns about applying the law and developing appropriate additional guidance.<span> </span>I look forward to hearing from you as we continue to work together to understand the contours and boundaries of the Supreme Court’s <u>KSR</u> decision.<span> </span></font></span></p>
<p><font face="arial,helvetica,sans-serif"> </font></p></span>
https://www.uspto.gov/blog/director/entry/advancing_uspto_s_work_sharing
Advancing USPTO's Work Sharing Efforts
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2009-11-18T04:32:59-05:00
2013-02-06T08:07:22-05:00
<p><em> Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>Today the USPTO is hosting a <a href="http://www.uspto.gov/news/pr/2009/09-29.jsp">roundtable</a> on international work sharing.<span> </span>This forum will bring together distinguished panelists from interested stakeholder groups to have an open discussion on the issues and implications around work sharing. Work sharing is an important tool for speeding the processing of applications filed in multiple jurisdictions by enabling patent offices to avail themselves of work done by another patent office.<br /><span> <br /></span>Of course, work sharing does not substitute for decisions on patentability—which are and will continue to be made solely by USPTO examiners as to applications pending in the USPTO.<span> </span>But work sharing is a powerful tool, like other tools, enabling our employees to extract value from the efforts of other similarly skilled examiners in other patent offices, including prior art found in the course of searching, and office actions applying patentability criteria that are in many cases very similar across patent systems.<br /><br />The amount of repetitious work involved in examining patent filings first filed in other patent offices represents a significant impact on the USPTO’s workload and the workload of other offices, and contributes to our backlog and long pendency periods.<span> </span>Thus, I see work sharing as one of our most important tools to speed patent examination and enhance quality. We’re eager for today’s discussion and look forward to hearing the insights and perspectives of the participants.<span> <br /></span><br />Just last week, I attended the Trilateral Conference and Industry Trilateral meetings in Kyoto, Japan, where the <span lang="EN">USPTO, the EPO, and the JPO entered into a <a href="http://www.uspto.gov/news/pr/2009/09_28.jsp">series of bilateral agreements</a> to expand the existing Patent Prosecution Highway (PPH) work share program.<span> </span>These new PPH agreements between the Trilateral Offices will enable us to use international search reports, written opinions, and international preliminary examination reports developed within the framework of the international Patent Cooperation Treaty (PCT), in examining patent applications filed at the USPTO.</span></p>
<p> <span style="COLOR: black" lang="EN">These new agreements greatly expand the potential of the PPH program.<span> </span>By permitting a Trilateral Office to draw upon the positive examination result from the PCT work product of another Trilateral Office, the PPH will now be available to a larger number of applicants.</span><span lang="EN"><span> </span>This will make it possible to obtain patent protection in multiple countries more quickly and easily, and less expensively. </span></p>
<p> In addition, the Trilateral Offices are developing new information systems and a new generation of information products and services. <span> </span>For example, we are undertaking efforts to move toward use of a more efficient means of processing data through use of an Extensible Markup Language (XML) data format, and to develop tools to encourage XML filing by applicants. </p>
<p><span style="COLOR: black" lang="EN">These are some of our work sharing initiatives both at home through the multilateral fora.<span> </span>By further expanding our work sharing efforts the USPTO will be better-positioned <span> </span>to meet the needs of the constantly evolving global intellectual property landscape.</span></p>
<p> <span style="COLOR: black" lang="EN">Please stay tuned as we advance in embracing work sharing, and please do send along your comments.</span></p>
<p> </p>
https://www.uspto.gov/blog/director/entry/director_s_forum_david_kappos
Putting the USPTO to Work for Independent Inventors
D. Kappos
2009-11-10T05:30:20-05:00
2013-02-06T08:04:40-05:00
<p><em>Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos</em></p>
<p>My first few months at the USPTO have been exciting and inspiring, and I feel privileged to be leading the USPTO at this critical time for the IP community, and the country as a whole. When I was sworn in 90 days ago, I came in with a clear mandate from Commerce Secretary Locke to fix our broken patent system and reduce the backlog that has hamstrung innovation and hindered job creation and economic growth. We have ambitious goals and, with your help, I feel confident that we can achieve them. <br /><br />I want to take this opportunity to salute the hard work and dedication of the USPTO’s highly capable staff. As I've commented at various events the last several months, the USPTO team is every bit as smart, intense, thoughtful, passionate, and hard-working as any I have ever worked with in the private sector. And I want to thank the IP community for its valued input and support these past few months. <font color="#000000">In order to foster as active and open a dialogue as possible with our stakeholders, we are launching the Director's Forum public blog. I hope this will be a useful vehicle for sharing ideas and concerns on a regular basis.</font> <br /><br />This past week, I had a chance to participate in the 14th Annual Independent Inventors Conference here at the USPTO campus in Alexandria. This conference, which brought together almost 200 members of the independent inventor community from around the country, was an opportunity to rededicate ourselves to serving the independent inventor community in the <a href="http://www.uspto.gov/inventors/independent/index.jsp#heading-1">ways</a> we already do and to finding new ways to be of service. It was also an opportunity to reflect on what we have accomplished thus far, and to elaborate on some of our priorities from the standpoint of the independent inventor community. <br /><br />Thousands of independent inventors and small businesses do critical R&D every day and produce innovative goods and services that benefit the public in so many critical areas. Surgeons invent new tools to save lives right there in the operating room, young people find new ways to write software in a school computer lab, and independent inventors create solar chargers – and a short while later that solar charger has created 900 good jobs here in America. Innovation generated by the independent inventor community will play an even more central role in the future of the American economy. To make sure that happens, we must provide you with the incentives and protections of an effective, modern patent system – and we must have a functioning patent system that unlocks funding for start-ups and small businesses.<br /><br />How can we best accomplish that? We have already moved swiftly to implement much needed reforms in the patent examiner count system and have provided incentives that will improve the examination process and reduce pendency. We have rescinded the claims and continuations rules that would have penalized the innovation community. And we have just adopted an application exchange pilot program that is specifically designed for small entities. This program will allow independent inventors and qualifying entities to receive special status for one application in exchange for withdrawing another application that may no longer be needed. Since last year we have noticed a significant upturn in cases being abandoned after the first office action, without reply to the first office action. With this in mind, the program enables applicants to focus USPTO resources on what is important, rather than having examiners review applications that are no longer important to their owners. This allows our users to help us prioritize our workload and will help clear the backlog. It is a win-win, and we will be actively looking for other such opportunities. <br /><br />In order to fully serve the needs of everyone in the innovation community, however, Congress must pass patent reform legislation. The legislation being drafted in Congress will ensure that the USPTO gets the funding it desperately needs to operate efficiently and to protect the intellectual property rights of all innovators. And it will give the USPTO the fee-setting authority it needs to do business.<br /> <br />I know that many independent inventors, like most segments of the IP community, have concerns about some of the provisions in the bill, and I had the opportunity to address some of these concerns at last week’s conference. The legislation is the product of a series of compromises in the eyes of virtually every segment of the IP community. But it is also a vast improvement over what we have now – and there is a strong consensus that the status quo is simply unsustainable. It is therefore gratifying to have had such an open, vigorous and fact-based discussion on areas of particular concern to this community – namely, the proposed revisions in the post-grant review process and in the priority filing system. <br /><br />As I said last week, we’re working with Congress to ensure a fair and balanced approach to post-grant review. But it needs to be cost-effective and fast, and the bar has to be set high enough to protect against abuse and serial challenges. Non-meritorious requests should be summarily denied. And challenges should be quick and cost-effective, and ideally produce a virtually bullet-proof patent at the end of the process. <br /> <br />With regard to the patent-priority system, the bill’s proposal to move to a first inventor to file system really represents only a minimal change to the process we use now. The new system would not create a situation where someone could steal an idea and win a race to the patent office. That person would not be an inventor and would not be eligible for a patent in the first place. Keep in mind that there are stiff penalties in place to protect against that. So the real issue involves the case of simultaneous non-collaborative invention that is currently resolved through the interference system. <br /><br />The truth is that only .01 percent of all patent applications could be affected by a change to first inventor to file. The interference system is already biased in favor of the first inventor to file and 70 percent of the extremely small number of cases that get into the interference process are decided in favor of the first inventor to file. For more on these and other issues, I would encourage you to read the text of the <a href="http://www.uspto.gov/news/speeches/2009/2009nov5.jsp">speech</a> I gave at the Conference on our Web site. <br /><br />In closing, I want to hear from you. All of us at the USPTO know that we benefit immensely from your input. We are here to serve all segments of the IP community better. And I am committed to doing what is good for every stakeholder group and every segment of the IP community. That is my pledge to all of you.<br /> <br />Thanks for reading, and I hope you’ll stay tuned. <br /> </p>