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Blog Category: Under Secretary For Intellectual Property and USPTO Director David J. Kappos

2011: A Great Year for American Inventors and Innovation

Photo of USPTO Headquarters

Guest blog post by David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the USPTO

As December draws to a close , it’s difficult to imagine a more historic year for the United States Patent and Trademark Office (USPTO) than 2011. The dedication and hard work of our talented public servants has enabled the Agency to make significant strides in the quality, efficiency, and certainty of patents and trademarks granted to technological enterprises. And our collaboration with the small business community has allowed us to level the competitive playing field by offering new tools and resources for independent inventors to acquire intellectual property rights with more ease. As this year comes to an end, I want to take a moment to recount what our extended USPTO family has helped accomplish for American inventors and American innovation, through the lens of a few numbers and key dates that were important this year.

Honoring Invention: the World’s Only Inexhaustible Resource

President Obama with receipients at Meddal Award ceremony.

Guest blog post by David Kappos, Under Secretary For Intellectual Property and Director, United States Patent and Trademark Office, Department of Commerce

At a ceremony at the White House Friday, I had the pleasure to join President Obama as he honored recipients of the National Medal of Technology and Innovation—the highest honor bestowed by the United States government on our nation’s brightest innovators and inventors.

Whether unraveling the information intertwined in a DNA helix, improving the safety of air travel, or digitizing the way we capture memories of loved ones—the medal recipients have offered humanity new tools to tackle some of the toughest challenges we confront as a planet. Moreover, by improving our understanding of the world around us, they have rewritten textbook fundamentals—and inspired a new generation of thinkers to explore unfamiliar terrain.

Much like the thousands of patent and trademark applications, the Commerce Department's United States Patent and Trademark Office (USPTO) carefully examines each and every day, the National Medal of Technology & Innovation serves as a reminder that our nation continues to be built by those willing to challenge traditions—willing to push the boundaries of convention and willing to test new limits in design and thought.

Building a 21st Century Patent and Trademark Office

Director Kappos takes questions while at the Brookings Institute

Today, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos addressed the Brookings Institution’s Center for Technology Innovation, outlining how comprehensive patent reform, signed into law by President Obama two weeks ago today, impacts American innovation, American jobs and American leadership. Representing the most significant overhaul of the U.S. patent system in a generation, the America Invents Act (AIA) transforms how patents are obtained, challenged, and valued in acquisition, licensing, and litigation settlement discussions.

In the centuries since the first patent examiner—Thomas Jefferson—reviewed and granted the first U.S. patent, our nation has observed sweeping revolutions in the pace of innovation—but with no comprehensive legislative adjustment in patent policy.

By building out the world’s only 21st century Patent and Trademark Office, equipped to manage the demands of a globalized economy, this new law enables a better resourced USPTO to grant intellectual property rights with greater speed, greater quality, greater clarity and greater enforceability. It also advances the President’s overall strategy of deploying American innovation to build businesses and build jobs.

Acting Secretary Blank Encourages Innovation in Green Energy Technologies

Acting U.S. Commerce Secretary Rebecca Blank delivered the keynote address at a green energy conference today hosted by Commerce’s United States Patent and Trademark Office (USPTO), the Economic Development Administration (EDA), the Brookings Institution and the Clean Energy Group at USPTO headquarters in Alexandria, Virginia. The conference was held for policy makers from federal, state, and foreign governments, and industry and academia. Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos, EDA Assistant Secretary of Commerce for Economic Development John Fernandez and Connecticut Gov. Dannel Malloy also participated.

In her remarks, Blank focused on issues facing clean energy development today and ways to overcome obstacles through more strategic state and federal policy. Blank highlighted efforts by Obama administration initiatives aimed at creating jobs, increasing exports and securing America’s energy future. Topics at the forum included technology transfer and commercialization, public investment, procurement and policy, federal and state economic support for clean energy industries, and international collaboration on clean energy technologies.  Remarks

Acting Secretary Blank and USPTO Director Kappos Join President Obama at the America Invents Act Signing Ceremony

President Barack Obama signs the America Invents Act into law at Thomas Jefferson High School for Science and Technology in Alexandria, Virginia, Sept. 16, 2011. (Official White House Photo by Lawrence Jackson)

At a ceremony at the Thomas Jefferson High School for Science and Technology in Alexandria, Virginia, President Obama today signed the America Invents Act into law, representing historic patent reform legislation that will help American entrepreneurs and businesses bring their inventions to market sooner, creating new businesses and new jobs. Passed with the president’s consistent leadership and strong bipartisan support, the America Invents Act represents the most significant reform of the Patent Act since 1952, and will help American companies and inventors who have suffered costly delays and unnecessary litigation focus on innovation and job creation.

Innovation is the primary source of economic growth, job creation,
and U.S. competitiveness in today’s global economy. An efficiently operating intellectual property system is critical to our ability to spur innovation and bring new services and products to the marketplace faster. For investors, patents are strong indicators of market potential for new companies; and for inventors, they are often vital to attracting investment. 

"Our success in creating the conditions that spur new ideas, and our commitment to investing in the education, research and development priorities that help shape our country’s innovation infrastructure, will determine the opportunities of future generations,” Acting Commerce Secretary Rebecca Blank said. “These issues will determine whether or not America is home to the industries that will fuel economic growth–and the jobs that come with it - in the 21st century.”

Aneesh Chopra, on the White House Blog, said, "By transitioning to a simpler, more objective, and more inventor-friendly system of issuing patents, the new Act helps ensure that independent inventors and small entities have greater clarity and certainty over their property rights and will be able to navigate the patent system on a more equitable footing with large enterprises."

The Act also establishes a new in-house review process for challenging patents—a process that is faster and significantly cheaper than litigation, which too often stymies technological growth. By resolving disputes about patent rights earlier, more efficiently, and at lower cost, we can  add greater certainty to—and cultivate greater confidence it—the American patent system."

United States Patent and Trademark Office Director David Kappos and U.S. Chief Technology Officer Aneesh Chopra hosted an Open for Questions event on WhiteHouse.gov at 5:00 p.m. EDT on Friday, September 16th. If you missed it, you can watch the entire Q&A session on the White House blog.

Acting Secretary Blank Celebrates Patent Number 8,000,000, Calls for Congress to Act Swiftly to Pass Patent Reform

Acting Secretary Blank Celebrates Patent Number 8,000,000

Acting Secretary Rebecca Blank and Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos today presented patent no. 8 million to Second Sight Medical Products, Inc., for a visual prosthesis apparatus that enhances visual perception for people who have gone blind due to outer retinal degeneration. Following the signing, company President and CEO Robert Greenberg demonstrated the new product, Argus® II. 

The ceremony underscored the critical role the U.S. patent system plays in fostering American innovation and economic competitiveness and comes as Congress is acting to make the most significant reforms to the system in more than half a century. Patent reform legislation currently before Congress – the America Invents Act – will help create new jobs by simplifying the process inventors face for getting a patent, while making the system more transparent and reducing costly and time-consuming litigation. 

The bill is an essential tool to bring the patent system and the USPTO into the 21st century and to continue to unleash the innovation, ingenuity and creativity that has made America the envy of the world. Strong and clear patent rights are especially vital to small and new businesses, which create 2 out of every 3 American jobs. Successful inventors need to secure patent rights to access capital, hire employees and lift their companies off the ground. Put simply, patents are crucial to creating new jobs, new industries and new economic opportunities for Americans.

Specifically, the America Invents Act:

  • Allows the USPTO to set its own fees to recover the actual costs of the services it provides, and keep and reserve those fees exclusively for the USPTO’s use – a major part of ensuring that the agency has sufficient funding; 
  • Enables the USPTO to hire more examiners and bring its IT system into the 21st century so it can process applications more quickly and produce higher quality patents that are less likely to be subject to a court challenge;
  • Decreases the likelihood of expensive litigation because it creates a less costly, in-house administrative alternative to review patent validity claims;  and,
  • Adopts the “first-inventor-to-file” standard as opposed to the current “first-to-invent” standard. First inventor to file is used by the rest of the world, and would be good for U.S. businesses, providing a more transparent and cost-effective process that is consistent with the practices of our economic competitors.

Taken together, the reforms outlined in the America Invents Act create a better architecture for fostering American innovation and accelerating the delivery of innovative goods and services to the marketplace. It also gives the Patent Office the tools and resources it needs to serve America’s innovators by granting high-quality patents in a more timely fashion.

U.S. Patent and Trademark Office Issues its 8 Millionth Patent

The USPTO issued patent number 8,000,000 to Second Sight Medical Products, Inc., for a visual prosthesis apparatus that enhances visual perception for people who have gone blind due to outer retinal degeneration. The invention uses electrical stimulation of the retina to produce the visual perception of patterns of light.

Today the USPTO issued its 8 millionth patent to Second Sight Medical Products, Inc., a California-based company founded in 1998, for a visual prosthesis apparatus that enhances visual perception for people who have gone blind due to outer retinal degeneration. The invention uses electrical stimulation of the retina to produce the visual perception of patterns of light. The now patented Argus® II is currently in U.S. clinical trials and has received marketing approval in Europe.  

It took 75 years to get to patent 1 million in August 1911, yet just six years to get from patent 7 million to today’s 8 millionth patent.

“This kind of innovation is a driver of our nation’s economic growth and job creation,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. “The USPTO plays a major role in serving America’s innovators by granting the intellectual property rights they need to secure investment capital, build companies and bring their products and services to the global marketplace.”

The signing and presentation of the 8 millionth patent by Director Kappos will take place at the Smithsonian American Art Museum on Sept. 8, 2011.

Read the full press release for more information on the 8 millionth patent.

Interested in the previous patent milestones? Here's more information on patent milestones at the USPTO.

USPTO Director David Kappos Talks Innovation with Business Leaders in Florida’s Space Coast

Kappos with roundtable participants

This week, the Commerce Department's Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos is in Orlando, Fla., to hear directly from small business leaders as part of the White House Business Council Roundtable series being held across the country. Engaging with innovators and entrepreneurs in the state’s vibrant Space Coast community, Kappos is gaining additional perspective on the regional business climate and using that feedback to identify resources, partnerships and investments that will strengthen the Space Coast economy by boosting its diversity and global competitiveness.

Touring the Kennedy Space Center and the University of Central Florida’s Institute for Simulation and Training, Kappos is observing firsthand how research centers and labs in the region are developing the cutting-edge tools and programs that will inspire the next frontier of innovation and exploration. He is also talking with area businesses about the critical steps the USPTO is taking to streamline the patent system—arming high-tech entrepreneurs in the Space Coast with the strongest and most consistent intellectual property protections to swiftly bring their innovations to the marketplace and jumpstart their companies.

Senior administration officials across the federal government have participated in several business roundtables around the country this summer to determine how the administration can best support the very businesses that are doing the innovating and hiring that will write the next chapters of 21st century growth.

Research and development being unleashed in states like Florida are the building blocks of innovation, Working together, the federal government and local partners can establish an environment ripe for small businesses to flourish, create jobs and help America win the future.

USPTO Director Kappos Talks Jobs, Innovation and Patent Reform with Kojo Nnamdi

USPTO Director Kappos Talks Jobs, Innovation and Patent Reform with Kojo Nnamdi

Today USPTO Director David Kappos was interviewed by popular Washington, D.C. radio host Kojo Nnamdi for a segment focused on patents as a vehicle to create new jobs, the patent reform legislation currently pending in Congress, and improvements made at the USPTO under Director Kappos’ leadership. 

Topics discussed in the interview included the Leahy-Smith America Invents Act and how a change from a first-to-invent system to a first-to-file system as called for in the legislation would impact the innovation community. Kappos noted that this is really a first-inventor-to-file system, meaning that the person who files the patent application has to be the inventor. He pointed to this system as one that is more transparent, simple and objective and one that provides greater certainty for inventors.