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The Intellectual Property Marketeer's Blog


Qualifying for Reduced Patent Office Fees
Bob Brill, a Minneosota-based patent lawyer, has put together a great guide to the new fee schedule for the US Patent and Trademark Office under the America Invents Act.  Now there are micro-entities in addition to small entities.  Here is a link to his article: http://bobbrill.net/?p=3887
 
The Changing Face of Innovation-WIPO

"The World Intellectual Property Report 2011- The Changing Face of Innovation – a new WIPO publication – describes how ownership of intellectual property (IP) rights has become central to the strategies of innovating firms worldwide. With global demand for patents rising from 800,000 applications in the early 1980s to 1.8 million in 2009, the Report concludes that growing investments in innovation and the globalization of economic activities are key drivers of this trend.

As a result, IP policy has moved to the forefront of innovation policy. In a foreword to the Report, WIPO Director General Francis Gurry notes that “innovation growth is no longer the prerogative of high-income countries alone; the technological gap between richer and poorer countries is narrowing. Incremental and more local forms of innovation contribute to economic and social development, on a par with world-class technological innovations.”

The Report points to a number of implications of the growing demand for IP rights, namely:

  • Knowledge markets based on IP rights are on the rise. Evidence suggests that firms trade and license IP rights more frequently. Internationally, royalty and licensing fee revenue increased from USD 2.8 billion in 1970 to USD 27 billion in 1990, and to approximately USD 180 billion in 2009 – outpacing growth in global GDP. New market intermediaries have emerged, such as IP clearinghouses and brokerages.

Evidence shows that knowledge markets enable firms to specialize, allowing them to be more innovative and efficient at the same time. In addition, they allow firms to control which knowledge to guard and which to share so as to maximize learning – a key element of modern open innovation strategies.

  • Patenting has grown especially fast for so-called complex technologies – that is, technologies consisting of many separately patentable inventions where patent ownership is often widespread. This partly reflects technological change. For example, complex technologies include most information and communications technologies that have seen rapid advances over the past decades.

At the same time, some complex technology industries – notably, telecommunications, software, audiovisual technology, optics and, more recently, smartphones and tablet computers – have seen firms strategically build up large patent portfolios. As a result, there is concern that increasingly dense webs of overlapping patent rights slow cumulative innovation processes. Collaborative approaches, such as patent pools, can to some extent address such concerns. However, making sure that crowded patent landscapes do not hold back innovation and entrepreneurship demands careful attention by policymakers."

http://www.wipo.int/pressroom/en/articles/2011/article_0027.html

 

 
US patent number 8,000,000 issued

"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."  USPTO Director's Blog

 

 
76% of start-ups report investors consider patents

USPTO Director’s Forum Blog

"The AIA also allows the USPTO to implement a fast-track examination option 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."

 

 

 
Patent Office to Consider New Locations
The US patent office is looking for new locations and wants feedback before the end of January. According to a recent post at iptwatchdog.com, the United States Patent and Trademark Office (USPTO) is required to establish satellite offices under Section 23 of the America Invents Act (AIA).
An initial satellite office is already planned to be established in Detroit.   If resources do not dry up, the USPTO will establish at least two more satellite offices within the next few years. A posting in the Federal Register Notice offers more insight on the criteria the USPTO will use to select satellite locations:

 

(1) Increase outreach activities to better connect patent filers and innovators with the USPTO, including the number of patent filings and grants by the city/region as well as other information that provides insight into the region’s innovation activity;

(2) Enhance patent examiner retention, including quality of life indicators such as average household income, cost of living factors, and other factors related to employee retention;

(3) Improve recruitment of patent examiners, including data on employment rates and other economic factors in the area, science and technology professionals, as well as legal professionals in the workforce and other related information;

(4) Decrease the number of patent applications awaiting examination; and

(5) Improve the quality of patent examination.

Written comments should be sent to the USPTO before January 30, 2012. No public hearing will be held.

 

The opening of a Detroit office was delayed earlier this year when USPTO announced severe austerity measures. However, that office is now scheduled for opening later next year.

 
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