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Blog Category: Patent and Trademark Office

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.

The White House's National Science and Technology Council Recognizes NIST and USPTO for Open Innovation Efforts

The White House's National Science and Technology Council Recognized Commerce's National Institute of Standards and Technology (NIST) and U.S. Patent and Trademark Office (USPTO) for their open innovation efforts [PDF]. NIST's efforts to encourage market transparency and USPTO's leadership in public/private data access have the potential to scale within and across Federal agencies through interagency policy and implementation groups. By leading in this open government initiative, NIST and USPTO set the stage for entrepreneurs to out-innovate our international competitors and win the future.

The U.S. Patent and Trademark Office was recognized for its efforts in democratizing government data, supporting President Obama's initiatives to usher in a new era in which the gap between the American people and their government would close. USPTO initially faced some problems in its effort to publish its data online in a free and open format. The Office had traditionally been providing data through a paid subscription service. It also didn't have funding for technology to publish information online in an open format that could easily be retrieved, downloaded, indexed and searched by commonly used web search applications.

The USPTO opted to partner with Google in a no-cost agreement in which Google agreed to disseminate USPTO's bulk electronic patent and trademark data to the public at no charge. The electronic data includes images and text of patent grants and published applications, trademark applications, patent classification information and patent and trademark assignments.

In the end, nearly two terabytes of data, representing patent and trademark data back to 1790, is now available to the public free of charge on Google, with some 13GB of new data added weekly.

The National Institute of Standards and Technology also received recognition for its efforts in encouraging market transparency with its ongoing coordination of standards for the Smart Grid, the next-generation U.S power grid currently under development. After being called upon by Congress in 2007 to take responsibility for this task, NIST, in collaboration with the Department of Energy, faced the challenge of ensuring the myriad products and services that could connect to the Smart Grid would be able to operate together seamlessly.

Rural America: Wellspring of Innovation

Staff seated in classroom listening to instructor

Guest blog post by Robert L. Stoll, Commissioner for Patents, United States Patent and Trademark Office

Looking at today’s sophisticated high-definition television sets it is hard to imagine that their very foundation could have ever been conceived by a rural farm boy. Yet the legendary account of this farm boy’s inspiration for his image dissector occurred as he was plowing a field.  His name was Philo Farnsworth and at that moment the idea that would become electronic television was born. Just like his 19th century counterparts, John Deere, Cyrus McCormick, Eli Whitney and George Washington Carver, one of the fathers of the modern television industry found inspiration from his rural environment. 

That practice remains alive and well today.  We see it in places like Blaine, Minnesota where Pam Turner invented the Spiral Eye™ Sewing Needle; Athens, Texas where Lesia Farmer invented products for the kitchen; Wake Forest, North Carolina where Michael Sykes invented a home building system; and Sonora, California where Julia Rhodes invented KleenSlate Concepts®, dry erase products.  Today, in the age of the Internet, more inventions are collaborative efforts rather than creations in isolation like Farnsworth’s invention.  But even with all that is available at the touch of a keystroke it is still important to have experts readily accessible to support today’s American innovators wherever they may be.

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.

Innovation and Invention: USPTO and Smithsonian Museum Partner in Exhibiting 'The Great American Hall of Wonders'

Kappos at podium

The exhibition, The Great American Hall of Wonders, examining the 19th-century American belief that the people of the United States shared a special genius for innovation, is now open at the Smithsonian American Art Museum. It is a collaborative effort between the museum and Commerce's U.S. Patent and Trademark Office (USPTO), and explores six subjects – three natural resources, three man-made inventions – that helped shape America during this period: the buffalo, Giant Sequoia, Niagara Falls, the gun, the railroad and the clock. The exhibition will focus on the ways these six subjects brought together artistic, scientific and technological ways of seeing the world.

In addition to providing creative and technical assistance for development of the exhibition, the USPTO has played a part in the public program development by working with the museum to provide:  speakers for university level courses as well as inventors from the National Inventors’ Hall of Fame for a lecture series.   There will also be a day and a half long inventors symposium held at the Smithsonian American Art Museum and the USPTO will take the lead in providing experts to address the many challenges facing independent inventors and entrepreneurs.

Protecting Innovation to Ensure New Opportunities for American Businesses, Higher Wages, and Greater Economic Security for American Families

Map of U.S. showing distribution of Green Tech patents

Innovation is a principal driver behind our nation’s economic growth and job creation. The United States Patent and Trademark Office (USPTO) serves 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. USPTO is an integral partner in President Obama’s drive to create the foundation for our economic future where we out-innovate, out-educate, and out-build the rest of the world.  USPTO is proud to play a role in accelerating socially conscious technologies in emerging fields like alternative fuels, clean energy, and green technology.

Last fall the USPTO extended the deadline for filing petitions under its Green Technology Pilot Program.  Under the pilot, patent applications involving reduced greenhouse gas emissions, energy conservation and environmental quality are accelerated in their review at no cost to the inventor.

Program statistics show that stakeholders participating in the Green Tech Pilot have obtained patents much more quickly as compared to the standard examination process.  Currently, the average time between granting of a green technology petition and first office action on the merits is just 49 days.  In many instances, applicants have had their Green Technology inventions patented in less than one year from the application filing date.

More than 1,900 petitions have been granted to green technology patent applicants since the pilot began in December 2009. Of the 1,900 petitions granted so far, USPTO issued the program’s 350th patent for a configuration of a wind turbine housing on June 28.

By advancing a commitment to building a more sustainable energy future, USPTO is able to spur additional innovation and promote green collar jobs that provide our world with alternatives to harmful energy practices. This ensures that the U.S. is not just the world’s Chief Global Competitor, but also its Chief Global Citizen.

The ability to develop tools in the name of cause-based enterprising is an endeavor that may still require investment capital, but leaves the rest of the world inspired through human capital—and that’s an example of the sort of nuanced innovation that continues to mark excellence in American leadership.

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.