USPTO Update

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USPTO Update

• April 19, 2005

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New USPTO Headquarters
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USPTO Challenges

• Increased filings
• Increased complexity
• Increased subject matter scope
• Federal appropriations process

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Fact

• In fiscal year 2004, the USPTO made patentability
  determinations on more than 10 million claims

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USPTO Goals

• Issue quality patents
• Reduce pendency
• E-government
• Lead US IP policy agenda

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Examination Quality Enhancements

• Improved hiring
• Certification
• Recertification
• Quality control reviews

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Possible Future Changes

• Post grant review?
• Pre-grant 3rd party participation?
• Raise the patentability bar

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USPTO Plans to Reduce Backlogs

• Hiring
• Hiring has been essentially at attrition
  level since 2002
• Current plans call for 860 new examiners in
  2005 and 900 the next year

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USPTO Plans to Reduce Backlogs

• Work sharing with other IP offices
• Volume and timing are issues
• Contracting
• PG Publication Classifications
• Reclassification
• Searching

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Paper File Room
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Electronic Application (IFW)
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Image File Wrapper

• All pending applications are captured in IFW
  today
• Content is continuously updated with incoming and
  outgoing correspondence
• The IFW is the official file
• This data base is separate from the published
  application and patent data base

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How IFW Works

• Incoming applications and papers are scanned in
  the office of initial patent examination (OIPE)
• Outgoing papers are scanned into IFW at the
  Alexandria campus
• A messaging system is used to notify employees of
  incoming work

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Federal Appropriations

• USPTO fees were raised in Dec. 2004 for 2 years
• Full access in FY2005
• FY2006 appropriation to be decided
• What happens in 2007?

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IP Policy Setting

• International harmonization
• Patent trolls
• Congressional interest

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House proposes IP Legislation

• 13 Reform Proposals
• First Inventor To File
• Post Grant Review