Embed Size (px)
Citation preview
John J. Calvert
Administrator, Inventor Assistance Program
John J. Calvert
Administrator, Inventor Assistance Program
Patents – Past, Present and FuturePatents – Past, Present and Future
2
Presentation OutlinePresentation Outline
Quick look at university patent history Proposed three track examination What’s next in fees? Examination changes How long does it take? Some new initiatives
3
University PatentsUniversity Patents
Before 1984Total patents Issued – 4736Top twenty – 277358.6%
1984Total patents issued – 578Top twenty – 28148.6%
2008Total patents issued – 2891Top twenty – 132445.8%
4
University PatentsUniversity Patents
Total 1984 – 2008 All universities – 53965 Top twenty – 25779 Percentage top twenty/total – 47.7%
Total recorded through 2008 All universities – 58701 Top twenty – 28572 Percentage top twenty/total – 48.7%
5
University PatentsUniversity Patents
Top five vs. next groups of five
University Patents 1984-2008
0
100
200
300
400
500
600
700
800
900
1000
Year
Nu
mb
er
Top five
Second Five
Third Five
Fourth Five
Linear (Top five)
Linear (Second Five)
Linear (Third Five)
Linear (Fourth Five)
6
What to take awayWhat to take away
Top twenty schools still growing Top five schools growing faster that the next
fifteen More schools are getting patents and are
growing at a faster rate that the top twenty
8
Proposed RuleProposed Rule
Three-Track Track I
• Expedited examination• By fee (TBD)• 4 months to first action; 12 months to final disposition• 4 independent claims; 30 total claims• No Examination Support Document (ESD)
Track II• Current standard process
Track III• Delayed examination
• Non-continuing applications• Up to 30 months• Request with application fee and surcharge (TBD)
9
What to take awayWhat to take away
Track I Quicker to patent, quicker royalty Higher costs
Track II No change
Track III More time to perfect invention More time to find solid license relationships
10
Breaking NewsBreaking News
Patent Reform Dead or on life support?
Patent Term Adjustment Bilski
What now? New interim guidance for examiners
11
Fee OutlookFee Outlook
USPTO is fee funded Fees collected are deposited in general fund Budget allocated on estimated fees
Not funded at level to provide all services Hiring curtailed Upgraded computer systems Speedy prosecution
12
Fee OutlookFee Outlook
Option one Surcharge
• Across the board increase
Option two Fee setting authority granted to USPTO
• Analysis of service costs by USPTO
Option three ??
13
ExaminationExamination
Quality of Examination Emphasis on quality of examination
• Move away from post examination quality
• Better Office Actions in future
Interview Practice Expanded interview before first action Encouraged to advance prosecution
• Better opportunity to educate examiners
14
Time to IssuanceTime to Issuance
Statistics applications examiners total pendency
TC 1600 Biotech, Organic Chem. 60,836 532 35.1
TC 1700 Chem. and Material Eng 87,136 730 37.4
TC 2100 Comp arch., software & info sec 60,882 629 40.7 TC 2400 Network, Multiplex, Cable & sec 39,669 698 47.7 TC 2600 Communications 127,956 875 42.7 TC 2800 Semicond., Elect., Optics 123,122 1,056
29.7 TC 3600 Trans., Const., Ag, & Elec. Comm. 83,535 766 35.1 TC 3700 Mech. Eng., Manuf. & Products 116,522 744 35.5
USPTO 718,835 6,143 34.6
15
What to take awayWhat to take away
Changes are already beginning Plan to hire aggressively Set expectations to table statistics
16
InitiativesInitiatives
Pro Bono Minneapolis Bar group
Pro Se Improved communication Training of examiners
University/Independent inventor Assistance for independent inventors Law School clinics University Tech Transfer Offices
17
Contact InformationContact Information
John J. Calvert
Administrator, Inventor Assistance Program
571-272-4983
