Textual Equivalent USPTO Request for Public Input: Strategic Planning

PATENTS

Patents > Office of the Deputy Commissioner for Patent Examination Policy > Office of Patent Legal Administration > Proposed Rule Changes to Focus the Patent Process in the 21st Century

Image on Slide 9 UPR Applications Filed Graph.

Year	1995	1996	1997	1998	1999	2000	2001	2002	2003	2004	2005
Filings	221304	191,116	220,773	240,090	261,041	293,244	326,081	333,688	333452	355,527	383,000

Image on Slide 29 Production Graph
These numbers are estimates for this graph.
2002 Historic- 260,000.

2003 Historic-280,000.

2004 Historic- 290,000.

2005 05 Projected 275,000.

2006 Without Strategic Plan- 270,000
2006 1000 Hires & Low Attrits-305,000
2006 Plus Claims & Continuations Limits- 310,000
2006 Plus Patentability Report-310,000

2007 Without Strategic Plan- 275,000
2007 1000 Hires & Low Attrits - 340,000
2007 Claims & Continuations Limits - 352,000
2007 Plus Patentability Report - 410,000

2008 Without Strategic Plan - 210,000
2008 1000 Hires & Low Attrits - 375,000
2008 Claims & Continuations Limits - 390,000
2008 Plus Patentability Report - 460,000

2009 Without Strategic Plan - 210,000
2009 1000 Hires & Low Attrits - 465,000
2009 Claims & Continuations Limits - 490,000
2009 lus Patentability Report - 560,000

Image on Slide 42 Distribution of Independent Claims at Filing

Independent Claims	1	2~3	4~6	7~10	11~20	21+
FY 2004	23.00%	45.90%	23.30%	5.60%	1.80%	0.30%
FY 2005	21.30%	48.40%	23.20%	5.20%	1.60%	0.30%

Image on Slide 50 Pendency Using FY 2005 Actual Filings at 8.1% Graph

This slide shows historical USPTO pendency from 1982 through 2005, and a projection of USPTO pendency without the strategic plan from 2005 through 2011. A graph shows that pendency was about 25 months in the mid 1980s, dropped to about 18 months from 1989 through 1995, and then rose to about 31 months in 2005. The projected pendency continues rising at a faster rate to about 42 months in 2011.

Image on Slide 51 Pendency Using FY 2005 Actual Filings at 8.1% Graph

This slide adds a series of data from 2005 to 2011 that assumes the USPTO hires 1000 new examiners per year and has a low rate of attrition. In this series, pendency rises from about 31 months in 2006 to about 34 months in 2011.

Image on Slide 52 Pendency Using FY 2005 Actual Filings at 8.1% Graph

This slide adds a series of data from 2005 to 2011 that assumes 1000 new hires, low attrition, and enacting the proposed claims and continuations rules. The new data series shows pendency projected at about 31 months from 2006-2009, falling to 30 months in 2011.

Image on Slide 53 Pendency Using FY 2005 Actual Filings at 8.1% Graph

This slide adds a series of data from 2005 to 2011 that assumes 1000 new hires, low attrition, claims and continuations rules, and the addition of an efficiency gain through applicant-provided patentability report. The new data series shows pendency dropping sharply from about 31 months in 2006 to about 17 months in 2011.

Image on Slide 54 Pendency Using FY 2005 Actual Filings at 8.1% Graph

This slide adds three projections, each of which parallels the projections added in the previous three slides and shows the effect of somewhat increased filings over the existing projection of 8.1% filing growth. The three new lines project that pendency would rise about two additional months if the rate of filings increases.

Image on Slide 56 Pendency Using FY 2005 Actual Filings at 8.1% Graph

FY	1 CPA/RCE	1 Con	2 or more CPA/RCE	2 or more Cons*
2002	28,020	19,683	6,753	5,935
2003	34,535	20,631	7,450	5,514
2004	37,434	22,524	8,556	5,471
2005	44,125	24,356	10,370	6,411

Image on Slide 57 Total Claims at Filing and Issue Graph

Independent Claims	1	2~3	4~6	7~10	11~20	21+
FY 2004	23.00%	45.90%	23.30%	5.60%	1.80%	0.30%
FY 2005	21.30%	48.40%	23.20%	5.20%	1.60%	0.30%

Image on Slide 58 Distribution of Total Claims at Filing

Total Claims	1~10	11~20	21~25	26~30	31~40	41~50	51~60	61~100	101+
FY 2004	21.70%	35.20%	12.20%	8.80%	10.00%	5.00%	2.70%	3.40%	1.00%
FY 2005	21.50%	37.20%	12.60%	8.60%	9.40%	4.50%	2.30%	2.90%	1.00%

Image on Slide 59 Distribution of the Number of References Cited in Applications Graph

Fiscal Year	1990	1999	2005
Average Claims Filed	14.41	19.32	21.27
Claims Filed	2298596.74	4489658.88	7306775.84
Claims Issued	1107778.65	2273187.06	3156925.96

Image on Slide 60 Distribution of the Number of References Cited in Applications Graph

	None	1~3	4~5	6~10	11~20	21~30	31~40	>40
3-D Column 1	3454	2138	1313	2097	1722	718	335	784
3-D Column 1	27%	17%	10%	17%	14%	6%	3%	6%

Image on Slide 62 Election of Claims – Example 1

Independent Claims are circled. 1, 6, 7, 10, 11 and 12 are circled.
Numbers in Red are elected claims. 1, 3, 4, 6, 7, 8, 9, 10, 11 and 12 are in red.
Numbers in Black are elected claims. 2, 5, 13, and 14 are in black.

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