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					       IP Section
Colorado Bar Association

               Robert Stoll
          Commissioner for Patents
     United States Patent and Trademark
                    Office


                                  1
 In Support of Innovation

• President Obama supports: “An innovation agenda
  must… remove bureaucratic barriers to
  entrepreneurs by making our patent process more
  efficient and reliable.”



• Support from Department of Commerce, Secretary
  Gary Locke who committed, “My top priority for the
  USPTO—dramatically reducing the unacceptably
  long time it takes to process patent applications.”




                                                        2
 Strategic Priorities
• Reduce Patent Pendency and Backlogs
• Improve Quality of Examination
• Improve/Enhance Patent Appeal and Post-Grant
  Processes
• Demonstrate Global Leadership in all Aspects of IP
  Policy Development
• Improve Information Technology Infrastructure and
  Tools
• Secure a Sustainable Funding Model, and
• Improve Relations with Employees and
  Stakeholders


                                                       3
Strategic Goals
Achieve First Office Action on the Merits within
10 months. And reduce overall pendency to 20
months.

Our work has been focused on:

    • increasing collaboration and
      transparency with our stakeholders;

    • making changes to processes, policies
      and procedures; and

    • continuing work sharing efforts with
      global partners.

                                                   4
 Stakeholder Relationships
Creating a two-way dialogue, and soliciting
  feedback.

• Providing Information
      • Directors Blog, webinars and online chats
      • Independent Inventor Conference, and Inventor’s
        Eye publication
      • Patent Examiner Technical Training Program
        (PETTP)
      • Policy guidelines
      • Data Visualization Center

• Gathering Information
      • Roundtables
      • Public Comment requests

                                                          5
Patents Dashboard




                    6
Reducing Pendency and
Backlog
New initiatives that help move applications
  through the patent prosecution system:

• Enhanced Examination Timing Control –
  “Three Track”

• Green Tech pilot program

• Project Exchange

• Accelerated-Examination Program



                                              7
Applicant Collaboration

Applicant Collaboration to produce better
  applications and facilitate issue resolution:

   – Ombudsman Program

   – Compact Prosecution Training

   – First Action Interview Program




                                                  8
 Applicant Collaboration -
 Interviews
• Interview Training improved communication
  skills of our examiners
   – interview time up nearly 40%
   – examiners logged 138,222 interview hours in
     FY 2010.

• First Action Interview Pilot Program
   – First action allowance rate over twice that for
     all filings

• Applicants embrace the open, collaborative
  culture change
                                                   9
Efficiency Through Process
Improvement

• Reengineering Classification
  system

• Reengineering patent processes

• Patents ‘end-to-end’ IT development
  initiative



                                        10
Work Sharing Initiatives
Current Programs:
      • PPH

     • PCT-PPH Pilots

     • SHARE-type initiatives:
        – USPTO-KIPO SHARE Pilot
        – USPTO & UK-IPO Action Plan for Re-use

     • PCT

     • IP5 Foundation Projects


                                                  11
Patent Prosecution Highway
(PPH)
• Provides quicker patentability determination in
  multiple jurisdictions

• Fourteen participating offices

• First Office Actions within 3 months on average
  (from program acceptance), providing the pre-
  exam processing has been completed.

• The program cumulative allowance rate is 95.1%,
  as compared to 45.6% in FY 2010 for all
  applications.



                                                    12
PPH - USPTO as 2nd Office
    First Office     Start Date    Requests (as of
                                    1 Aug 2010)

       JPO           July 2006         2606
                                     278 (Pilot)
                                     2328 (Full)

       KIPO          Jan. 2008          507
                                     134 (Pilot)
                                     373 (Full)

      UKIPO          Sept. 2007          94

       CIPO          Jan. 2008           33
       IPAU          April 2008          38
       EPO           Sept. 2008          54
      DKPTO          Nov. 2008           39
      DPMA           April 2009          22
       IPOS          Feb 2009            1
      NBPR           July 2009           10
       HPO           July 2010           0
    Rospatent        Sept. 2010          0
  EPO (ISA/IPEA)    January 2010         84
  JPO(ISA/IPEA)     January 2010         90
  KIPO (ISA/IPEA)   June 1, 2010         89


                                                     13
            2006.07


            2006.09


            2006.11


            2007.01


            2007.03


            2007.05


            2007.07


            2007.09


            2007.11


            2008.01


            2008.03


            2008.05


            2008.07




     Date
            2008.09


            2008.11


            2009.01
                                                                                                                      Total PPH cases




            2009.03


            2009.05
                                                                                  Number of PPH Requests Cumulative




            2009.07


            2009.09


            2009.11


            2010.01


            2010.03
                                                                      Cumulative total




            2010.05


            2010.07
                  0
                      500
                            1000
                                   1500
                                          2000
                                                 2500
                                                        3000
                                                               3500




14




                            Applications
 PPH and PCT

• PPH is completely complementary to the Patent
  Cooperation Treaty (PCT).

• In January 2010, the USPTO, the JPO and the European
  Patent Office (EPO) began a program that allows
  participation within PPH of PCT national or regional
  phase applications when the International Search
  Authority, or ISA, determines that one or more claims are
  allowable.




                                                          15
 SHARE

SHARE (Strategic Handling of Applications for
  Rapid Examination) for applications filed in
  multiple offices:

• Maximize re-use between offices to minimize
  duplication of examination

• Agencies prioritize and balance workloads to
  maximize the re-use of foreign search and
  examination results

• Minimizes duplication of examination work
  done in other IP offices

                                                 16
   IP5 Foundation Projects
• Partnership between: EPO, JPO, KIPO, SIPO and
  USPTO.

• Eliminates unnecessary duplication of work
  among the offices,

• Enhances patent examination efficiency and
  quality, and guarantees the stability of patents
  rights

• Ten projects consist of IT-supported business
  processes and examination practice-related
  initiatives to provide infrastructure for work
  sharing.
                                                     17
   Work Sharing Recent
   Developments
• USPTO and EPO will work together towards the
  formation of a joint patent classification system

• Korea, Spain and Russia added to the PPH-PCT
  programs

• USPTO and UK Intellectual Property Office will
  develop a plan to optimize reuse of work on
  patent applications that are filed jointly at the
  USPTO and the UKIPO


                                                      18
 Improving Quality

• All Quality measures met our targets in FY 2010.

• Shift resources from the “second-pair-of-eyes”
  effort to a front end quality program that assists
  examiners early in the examining phase.

• Five new measures of patent quality were
  developed through the Patent Quality Task Force
  study, bringing the total quality metrics to seven.



                                                       19
  Conclusions

• Our strategic priorities guide us to the goal of
  reducing pendency and backlog, and
  contribute to the improvement of the global IP
  system.

• The USPTO has launched new initiatives that
  bring new ways of thinking; an open-minded
  thinking to our Agency.

• We have embraced transparency and openness
  because collaboration with our partners and
  our applicants brings us the insight we need to
  reach all of our goals.
                                                     20
Thank You



            21

				
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posted:6/19/2013
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