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Blog Category: Patent and Trademark Office

Commerce's U.S. Patent and Trademark Office Implements Most Provisions of the America Invents Act

Vice Chief Judge Jay Moore of the Patent Trial and Appeal Board explains provisions of the AIA (file photo)

The most significant reform to the U.S. patent system in more than a century is a major step forward as numerous provisions of the Leahy-Smith America Invents Act of 2011 are now in effect. The new rules will spur innovation and economic growth by streamlining the patent application process and introducing new procedures to ensure patent quality. Seven reforms to U.S. patent law went into effect one year after the signing of the bipartisan patent reform legislation by President Barack Obama on September 16, 2011. 

Some of the new rules include three new administrative trial provisions—inter partes review, post-grant review, and the transitional program for covered business method patents—will offer third parties timely, cost-effective alternatives to district court litigation to challenge the patentability of an issued patent; a supplemental examination provision that allows applicants to submit additional information relevant to the patentability of an issued patent to the Office in a new procedure that may protect the patent from an inequitable conduct charge; an inventors oath and declaration provision that for the first time allows assignee filing of a patent application; and a citation of prior art and written statements provision will enable the Office to treat the claims in a patent consistent with how a patent owner represents its claims to the courts or in other Office proceedings.

USPTO Hosts Webinar to Discuss Provisions of the America Invents Act that Become Effective on September 16, 2012

USPTO leadership looks on as Judge Michael Tierney of the Board of Patent Appeals and Interferences addresses Friday’s webinar on changes to patent laws.

In just 9 days, many provisions related to the biggest change in U.S. patent law since the 19th century go into effect, and the senior leadership of the United States Patent and Trademark Office spoke about them in an online webinar this afternoon. The America Invents Act, signed into law by President Barack Obama on September 16, 2011, modernizes our intellectual property system, ensuring that the USPTO is sufficiently resourced to operate efficiently, and affords inventors the timely and consistent patent protections they need to spur business growth and hiring.

Many of these new rules and guidelines go into effect on September 16, 2012, and they were created with input and comments from the public over the last year. Participating in today’s webinar were USPTO Director David Kappos, Commissioner for Patents Peggy Focarino, General Counsel Bernard Knight, Chief Judge James Smith, Lead Judge Michael Tierney, and Chief Communications Officer Todd Elmer.

Meanwhile, USPTO leadership will engage with the public even further when it begins traveling the country on Monday, September 10 for a series of “roadshows.” These roadshows will take place in eight cities—beginning in Minneapolis—and patent practitioners and the public can come to learn about how the America Invents Act is changing the law.

U.S. Patent and Trademark Office Promotes Innovation in Maine

PTO Director David Kappos addresses the Penobscot Bay Regional Chamber of Commerce in Rockport, Maine

Innovation is thriving in Maine, and the U.S. Patent and Trademark Office (USPTO), the Department of Commerce, and the administration are working hard to further foster that environment, Under Secretary of Commerce and USPTO Director David Kappos told the Regional Chamber of Commerce of Penobscot Bay, Maine, on Tuesday.

From 2009 to 2010, the number of patent filings in the Portland, Maine, region nearly doubled, Kappos said. “We’re doing a lot to ensure that creative ideas and groundbreaking innovations, born right here in Maine, can flourish, and that the American innovation system is one that’s built to last.”

Barriers to innovation are being reduced, Kappos said, in part through the Startup America initiative, which includes investment funds, mentoring networks for entrepreneurs, tax breaks for small businesses, and the Department of Commerce’s i6 Green Challenge. That program rewards communities that develop and embrace cutting-edge ideas in green technology development and implementation.

Kappos also highlighted promoting insourcing of U.S. jobs through robust protections of our intellectual property abroad.

U.S. Patent and Trademark Office Helps Atlanta Kickstart Innovation Opportunities

Director Kappos addressing Startup Atlanta (Photo by Bytegraph.com. Used with permission)

Helping set a stage for success to Atlanta’s entrepreneurs, Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office (USPTO) David Kappos was in the Georgia capital this afternoon to help launch Startup Atlanta. Created by the city’s economic development agency, Invest Atlanta, the initiative seeks to connect entrepreneurs with the resources they need to succeed.

A hallmark for Startup Atlanta is an online platform that will serve as a network for entrepreneurs while simultaneously mapping out valuable resources such as incubators, accelerators, service providers and connections.

At the event, Kappos addressed the importance of a vibrant local entrepreneur community. “Not only do the novel ideas of Georgia’s entrepreneurs have the potential to move the pulse of an industry or transform the welfare of a community,” Kappos said, “They can also attract critical resources and capital for additional research and development, creating a host of new markets and new opportunities.”

Director Kappos Promotes Innovation in Southern California

Director Kappos, seated, being interviewed

Under Secretary and United States Patent and Trademark Office Director David Kappos briefed southern California innovators on the many ways the Obama administration is advancing U.S. innovation. He met with technology entrepreneurs at Powerwave Technologies in Santa Ana, California, hosted by Southern California’s TechVoice chapter in conjunction with CompTIA and locally-based Technology Leadership Political Action Committee (TLPAC). The USPTO is on the eve of publishing a series of new rules implementing the America Invents Act, signed last September by President Obama, which will improve patent quality and make it easier for U.S. innovators to protect their intellectual property (IP) abroad. Attendees were briefed on AIA implementation as well as the USPTO’s plans to open four new satellite offices, including one in the Silicon Valley region of California. “By building partnerships and collaborating with the Orange County Bar and broader community,” Director Kappos said, "the USPTO will better engage its Silicon Valley office with the Southern California IP community.”

New Patent Office Will Foster Innovation, Creating a Cycle of Job Growth

Eric Kelly, President and CEO of Overland Storage

Guest blog post by Eric Kelly, President and CEO of Overland Storage

As one of the driving forces of technological innovation in the United States, Silicon Valley companies continue to create new products and opportunities that advanceall aspects of our lives. The ability to create intellectual property is critical for companies as they develop new products and protect existing assets. Last year alone, Californians made up more than a quarter of the 108,626 patents issued to U.S. inventors. 

Recently the Commerce Department announced a plan to put a satellite Patent Office in Silicon Valley. As the President and CEO of a global provider of leading data management and data protection solutions, I support this move, as it brings increased resources to streamline the patent process and creating a cycle of job growth that is good for the overall US economy.

I also believe that it is critical that the United States retain our manufacturing base to further protect the intellectual assets of our innovators. The impact of piracy and counterfeiting not only affects company sales, exports and profits, it can threaten the existence of companies that spent years and millions of dollars developing and bringing technology to market.

The world is changing at lightning speed, and Silicon Valley continues to be a force in driving change and enabling companies and individuals adapt to change. We look forward to working with Acting Secretary Rebecca Blank and the entire Commerce Department team in their efforts to ensure that companies can remain agile, innovative and competitive in today's evolving marketplace.

Government Coming to Entrepreneurs

Ali Ansary, co-founder of SeventyK

Guest blog post by Ali Ansary, co-founder of SeventyK.

Ed. Note: SeventyK’s mission is to change cancer care by educating patients, families, and their healthcare providers through innovative ways about age-appropriate treatment and the unique needs of the adolescent and young adult (AYA) cancer patient. Unlike pediatric and older adult cancer patients, for over two decades the rate of survival for AYA cancer patients has not improved.

Last Thursday I was honored to be part of a panel at the Colorado University Denver Anschutz Medical Campus where Acting Secretary of Commerce Rebecca Blank discussed the importance of opening four new USPTO offices, including one in Denver.

As Acting Secretary Blank spoke to the new opportunities and growth that will spur from opening new USPTO offices, two quotes came to mind:

#1: "No problem can be solved from the same level of consciousness that created it" (Albert Einstein). 

For the first time, new offices outside of Washington, D.C. will be part of the solution to accelerate innovation in this country—an important recognition that innovation doesn’t happen in one place—it happens across the country. Now entrepreneurs who need to protect their innovation have a direct line to the government locally. A strong move when seeing that IP-intensive industries account for nearly 35 percent of the FY2010 U.S. GDP.

Acting Secretary Blank Cuts Ribbon to Open U.S. Patent and Trademark Office in Detroit, Michigan

Acting Secretary Rebecca Blank cuts the steel ribbon, officially opening the Elijah J. McCoy USPTO Satellite Office

Acting Secretary Blank wrapped up her 3-day Innovation Tour with a stop in Detroit, Michigan today to participate in a ribbon-cutting ceremony to officially launch the Elijah J. McCoy USPTO Satellite Office. She was joined by USPTO Director Kappos, Detroit Mayor Dave Bing, U.S. Senators Carl Levin and Debbie Stabenow, U.S. Representatives John Dingell, John Conyers, Jr., Gary Peters, and Hansen Clarke, and local businesses and entrepreneurs.

During the ceremony, Acting Secretary Blank swore in the office’s first seven USPTO Board Judges who will review patents and help speed up the patent process. The Detroit USPTO satellite office will create approximately 120 highly-skilled jobs in its first year of operations.

In her remarks, Blank said:

And now, today, with this new office, we’re making another critical investment in the future of Detroit, the state of Michigan, and the U.S. as a whole.

With the help of the McCoy office, we’re creating a stronger, more efficient patent system. That’s important because patents are the fuel for innovation.

Patents protect the intellectual property of Americans who have game-changing ideas. Patents help put those ideas to work in our economy. And patents help us out-compete the rest of the world.

We’ve already made great progress in improving our patent system. Even though patent filings grew five percent last year, we were able to actually reduce the patent backlog by 10 percent.

The McCoy office will help us continue to expand our patent system’s capacity and productivity.

Blank noted that the new office is just a beginning. An innovation-driven economy demands more support of R&D, help for universities like Michigan, Michigan State and Wayne State to push their research discoveries into the marketplace, and to ensure young people can succeed in science, technology, engineering and math—the STEM fields.

Blank reiterated the President's call that we must stop rewarding businesses that ship jobs overseas and start helping those that are trying to keep jobs here or bring them back. Citizens and government must use all of the tools at their disposal to ensure that America will continue to drive innovation and be a magnet for good jobs for the middle class. The ability to innovate and compete as a nation will determine what kind of economy—and what kind of country—is passed along to the next generation.

Innovation and the Economy

AlPatrick Kennedy, Founder and CEO of OSIsoft LLC.

Guest blog post by Patrick Kennedy, Founder and CEO of OSIsoft LLC.

ED Note:OSIsoft LLC produces the PI System, the world leading product for managing and monitoring real time information supporting quality, energy management, safety and other productivity applications. It is an 850 person software company that builds industrial software for monitoring manufacturing and one of the winners of the President’s E-Awards in 2012. OSIsoft LLC was founded in 1980 and has grown to operate in 110 countries and, in the last five years, exported over $0.5 Billion in software.

Manufacturing must be a part of a healthy economy in the US because it not only creates a lot of value add, but is nearly the only route that puts everyone to work, not just computer scientists. How do we do this?  As Dr. Michael Porter of Harvard noted, innovation -> jobs and productivity -> higher wages and the strength of the US for both of these is software.  Most new manufactured goods that are candidates for production in the US are software based (e.g. electric cars, grid storage systems, virtual power plants, photography, animation, health care instrumentations, real time tracking) and the addition of a Patent and Trademark office to Silicon Valley represents a boost to this idea.  Patents not only protect Intellectual Property they convert it to a product that you can sell worldwide to support the economy.

I am a personal believer in this, plus I believe that we have to help ourselves, not just wait for the next program. This is a private-public partnership. I am personally pulling a 12-mile loop of fiber optic cable around my city, San Leandro, to allow it to participate in software based manufacturing in the age of Big Data and rapidly changing software infrastructure (see www.litsanlenadro.com), but will be using some of the Economic Development Grant programs to extend this deeper into the community.  Providing up to 10 Gbps pipes to business is a strong advantage to people that want to envision and experience the next generation software. The Silicon Valley already receives 1 of every 10 patents granted in the US and with our enhanced broadband, wireless, software talent and strong financial community, we will host the innovation required to re-enter manufacturing of next generation product in healthcare, energy conservation, mobility and transportation. The SF Bay Area is the heart of the software industry in the world and we want to leverage this for job creation.

Acting Secretary Blank Travels to Denver to Highlight Innovation and Newly-Announced Patent and Trademark Office

Blank was joined by Mayor Mayor Hancock and University of Colorado-Denver Chancellor Donald Don M. Elliman

Acting U.S. Commerce Secretary Rebecca Blank was in Denver, Colo. today to discuss ways to support innovation and create jobs, particularly through the protection of intellectual property. In the morning, Blank attended a breakfast hosted by the Colorado Innovation Network, where she spoke with local business leaders. She listened to their ideas and suggestions for how Commerce can better support them in their efforts to create jobs by encouraging innovation.

Later this morning, the Acting Secretary delivered remarks and participated in a panel discussion on the key role that the patent system plays in strengthening the local economy and driving U.S. competitiveness at the University of Colorado-Denver Anschutz Medical Campus. Also joining the panel were: Denver Mayor Michael Hancock; Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) David Kappos; University of Colorado-Denver Chancellor Donald Don M. Elliman Jr.; Robb Walt, co-founder of the Community Power Corporation; and Ali Ansary, co-founder of SeventyK. During the discussion, Blank noted some of the ways the Department of Commerce is supporting and fostering American innovation.