USPTO to Accelerate Examination of Green Technology Patent Applications.

Per this press release at the USPTO yesterday:

U.S. Commerce Department’s Patent and Trademark Office to Accelerate Review of Green Technology Patents to Speed Deployment to Marketplace 

WASHINGTON – The U.S. Commerce Department’s Patent and Trademark Office (USPTO) will pilot a program to accelerate the examination of certain “green” technology patent applications, Secretary Gary Locke announced today. The new initiative, coming days before the United Nations Climate Change Conference in Copenhagen, Denmark, will accelerate the development and deployment of green technology, create green jobs, and promote U.S. competitiveness in this vital sector.

“American competitiveness depends on innovation and innovation depends on creative Americans developing new technology,” U.S. Commerce Secretary Gary Locke said. “By ensuring that many new products will receive patent protection more quickly, we can encourage our brightest innovators to invest needed resources in developing new technologies and help bring those technologies to market more quickly.”

Locke announced the USPTO pilot program at a press conference with U.S. Energy Secretary Steven Chu today at the Commerce Department’s headquarters. 

“Every day an important green tech innovation is hindered from coming to market is another day we harm our planet and another day lost in creating green businesses and green jobs,” Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos said. “Applications in this pilot program will see a significant savings in pendency, which will help bring green innovations to market more quickly.”

Pending patent applications in green technologies will be eligible to be accorded special status and given expedited examination, which will have the effect of reducing the time it takes to patent these technologies by an average of one year. Earlier patenting of these technologies enables inventors to secure funding, create businesses, and bring vital green technologies into use much sooner.  

Patent applications are normally taken up for examination in the order that they are filed. The average pendency time for applications in green technology areas is approximately 30 months to a first office action and 40 months to a final decision. Under the pilot program, for the first 3,000 applications related to green technologies in which a proper petition is filed, the agency will examine the applications on an accelerated basis. 

Carl Horton, Chief Intellectual Property Counsel of General Electric, hailed the new initiative. 

“We hail this initiative as an excellent incentive to fuel further innovation of clean technology and a terrific mechanism to speed the dissemination of these patented technologies throughout the world,” Horton said.

Michael Sykes, an independent inventor who has spent the last 25 years working on technology to make homes more energy efficient, commented: “ All my inventions relate to energy and energy inventions pay for themselves- so speeding up the process helps me as a businessman, and helps the end user start saving.”

Additional details on the USPTO pilot program will be available in the Federal Register and via the USPTO’s website: http://www.uspto.gov. 

If successful, the USPTO will examine ways to continue and expand the initiative.

Bilski-Hitler Satirical Video.

JW Note:  Hat-tips to Zura’s 271 Blog and IPBIZ.  Hilarious spoof on Youtube related to the ongoing Bilski v. Kappos case being considered at the SCOTUS.  Apparently some patent attorney has had way too much time on his hands.  Enjoy! 

 

 

NYT Op-Ed – Inventing a Better Patent System.

An interesting op-ed article at the New York Times this week by Robert C. Pozen, the chairman of MFS Investment Management and a lecturer at Harvard Business School, on reforming the patent system in the United States.  Check it out here.

“Patentable Subject Matter After the Bilski Oral Argument” Webcast – November 19, 2009.

The American University, Washington College of Law (WCL) is cosponsoring a program on November 19, 2009, titled “Patentable Subject Matter After the Bilski Oral Argument”.  Per the WCL website:

A Telecast by the Program on Information Justice and Intellectual Property, Washington College of Law, American University and the Federal Circuit Bar Association

November 19, 2009, 4:30-6:30 pm
Washington College of Law, Room 603

In Bilski v. Kappos, the U.S. Supreme Court will address limitations on patentable subject matter in the context of a business method invention, analyzing a body of case law in such a way that some say could wrongly call into question the validity of many other patents and types of claims, while others argue it is not restrictive enough. The oral argument – and the subsequent decision – will be studied by a broad range of members of the patent community who are seeking to determine its effects on innovation, prosecution, licensing, and litigation. PIJIP and the FCBA will host a panel of experts to discuss the case shortly after the Court hears the oral argument.
 
The panelists for this program include: Raymond T. Chen, Solicitor, U.S. Patent and Trademark Office, Counsel for Respondent, J. Michael Jakes, Finnegan Henderson, Counsel of Record for Petitioners, Nancy Linck, Rothwell, Figg, Counsel for Amicus Curiae BIO, and Randolph Moss, WilmerHale, Counsel for Amici Curiae Bank of America et al. A period for questions will follow. Thomas C. Goldstein, Akin, Gump, Counsel for Amicus Curiae American Bar Association and Professor Joshua Sarnoff, Washington College of Law, American University, Counsel for Amici Eleven Law Professors and the AARP will moderate.
 
In addition to on-site attendance, the FCBA will also broadcast the program live via the web on November 19, 2009 as a part of its regular Horizons series.    

This likely will be an excellent panel discussion of the recent oral arguments in Bilski v. Kappos.  More information on the program, and details how to participate, may be found here.

USPTO Director Kappos Launches Blog.

Per this press release today at the USPTO: 

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos today launched a blog to foster a direct dialogue with the USPTO’s stakeholders and the general public.

“It’s important for me to be able to hear directly from the IP community, and that is why we are establishing this open channel for sustained dialogue and the exchange of ideas,” said Kappos. “I hope that the public will find this blog to be a useful vehicle for providing input to me directly and giving us the feedback we need to be able to better serve our constituents and the American people. I am looking forward to hearing from all segments of the IP community and encourage you to share your ideas and concerns with me on an ongoing basis.”

Kappos’ first post marks his first 90 days in office and focuses on his participation in the agency’s 14^th Annual Independent Inventors Conference held at the USPTO last week.  The post highlights key accomplishments and initiatives specifically geared toward assisting small entity inventors. Mr. Kappos also addresses areas of the proposed patent reform legislation that are of particular concern to this group.

The new blog is part of an extensive effort to reach out to the IP community and actively engage USPTO stakeholders in an effort help to the agency better serve the American public.

The blog is available via the USPTO home page and at www.uspto.gov/blog.

New USPTO Website (No Longer Beta!)

As we had earlier reported, the USPTO had been working on a beta version of a new USPTO web site.   Well, as of today, the new website has gone live. (See www.uspto.gov).   

According to the USPTO, the Office of the Chief Information Officer (OCIO) had been working to incorporate comments and feedback from internal and external users on the beta version, in order to make the website more user-friendly.  The website has also been organized based on tasks that visitors perform on a regular basis. 

Having used the beta version of the USPTO website a number of times, we agree that the new website offers a simpler and cleaner design, which should significantly improve navigation by visitors and functionality.   We applaud the USPTO for making these much-needed improvements.

Proposed Changes to USPTO Examiner Count System.

Yesterday, the USPTO announced a proposal to change the examiner count system.  The examiner count system determines the time a patent examiner has to complete a patent examination and how much credit is given for each stage of the examination.  The proposal was developed by a task force comprised of senior managers in the USPTO and leadership of the Patent Office Professional Association (POPA), the union that represents patent examiners.

Per this press release, the proposed changes are designed to:

•  Set the foundation for long-term pendency improvements.
•  Increase customer satisfaction by incentivizing quality work at the beginning of the examination process.
•  Encourage examiners to identify allowable subject matter earlier in the examination process.
•  Rebalance incentives both internally and externally to decrease rework.
•  Increase examiner morale and reduce attrition.

The examiner count system was created in the mid-1960s and hasn’t been revised since 1976.  Accordingly, the proposed changes (if implemented) will be the most signficant changes in more than 30 years.

Details about the proposed changes to the examiner count system may be viewed here.

Commissioner for Patents John Doll to Retire; Robert L. Stoll Nominated as Successor.

Per this press release at the USPTO website yesterday:

USPTO Announces Senior Management Changes

Commissioner for Patents John Doll to Retire; Robert L. Stoll Nominated as Successor
Margaret Focarino Named Deputy Commissioner

WASHINGTON – The Department of Commerce‘s United States Patent and Trademark Office (USPTO) today announced significant changes among the senior management team of its Patent organization. After 35 years at the USPTO, Commissioner for Patents John Doll has announced his intention to retire from the agency on October 2. Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos has, in turn, nominated longtime USPTO executive Robert (“Bob”) Stoll to the position of Commissioner for Patents, and has named Margaret (“Peggy”) Focarino Deputy Commissioner for Patents.