Category Archives: USPTO

New Interview Practice Video: USPTO AIR

Watch the USPTO’s Interview Practice short video for a brief introduction to the USPTO Automated Interview Request (AIR) tool and learn about our interview specialists, who are subject matter experts in interview practices and policies.

AIR is a convenient online form for submitting a request for interviews. After the form is submitted, an examiner will email you to confirm your request within two business days.

For more information visit the USPTO Interview Practice web page.

Successful Transition to the Cooperative Patent Classification System

Cooperation between the USA and Europe is a good thing! KTA

Blog by USPTO Commissioner for Patents Peggy Focarino

On January 1, 2015, the USPTO successfully transitioned to the Cooperative Patent Classification (CPC) system from the United States Patent Classification (USPC) system. The CPC is a collaborative venture between the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO), designed to develop a common, internationally compatible classification system for technical documents used in the patent granting process. It offers a more robust and agile classification system for both offices’ user communities and enables more technical documents to be classified, because the USPTO and EPO are both entering documents into the system. Since its launch, the USPTO has successfully issued about 47,000 U.S. patent documents under the CPC.

As we transitioned to the CPC, we made sure to keep patent applicants and owners updated on the transition process. Leading up to the changeover, throughout 2013 and 2014, numerous bilateral CPC events were held with external stakeholders, providing notice that the USPC would become a static document collection for utility patents after December 2014. Stakeholders may continue to see a limited number of U.S. patent grants still issuing with USPC symbols due to allowed applications already in the publication cycle, but the USPTO will no longer actively assign USPC symbols to issued utility patents. However, plant and design patents are not covered in the CPC, so they will continue to be published with USPC symbols.

To facilitate searching for documents, the USPTO’s existing tools have been modified to provide all users the ability to search documents classified in the CPC, the USPC (now a static document collection), and the International Patent Classification (IPC) systems. USPTO examiners are now required to classify and search using the CPC, and we want our user community to understand that the CPC will be continuously updated through bilateral revision and reclassification projects between the USPTO and the EPO. We are also working on creating a bilateral examiner-focused collaborative environment for discussions, work-sharing initiatives and training opportunities.

As a leader in the global patent community, the USPTO is dedicated to providing a quality classification system for employees and stakeholders, and one that is compatible with the international patent community. Most importantly, we will ensure that the quality of the classification system remains strong and agile.

The CPC provides a more comprehensive search result set that includes national documents from China and Korea,  as well as several other countries that are classifying their national documents into the CPC; documents that were not previously available for viewing or retrieval under the USPC. We intend to keep the quality of the CPC documents at a high level by helping more countries classify their national documents into the CPC, and we will continue to work with the EPO to perform an ongoing number of CPC revision projects.

We welcome your thoughts on the transition from the USPC to the CPC. More information, including frequently asked questions, is available on the CPC page of our website. Please send any questions or comments to CPC@uspto.gov (link sends e-mail).

What we need next is  CPC and China cooperative! KTA

USPTO TO HOST FIRST-EVER SUMMIT ON PATENT QUALITY

The USPTO will host a two-day public meeting on patent quality on March 25 and 26 at our headquarters in Alexandria, Va. The Quality Summit will encourage robust discussions among USPTO leadership; patent prosecutors, litigators, applicants, and licensees; and other members of the public interested in the USPTO’s efforts to further improve patent quality through its Enhanced Patent Quality Initiative.

The USPTO is seeking public input and guidance to direct its continued efforts towards enhancing patent quality. These efforts focus on improving patent operations and procedures to provide the best possible work products, to enhance the customer experience, and to improve existing quality metrics. The USPTO has already set in motion several quality initiatives, including robust technical and legal training for patent examiners, as well as a Glossary Pilot, Quick Patent IDS Program, First Action Interview Pilot, and After Final Consideration Pilot. The two-day Quality Summit is one of many ways the USPTO is engaging with the public on this important effort.

Read the press release to learn more.

PATENTS IN THEORY AND PRACTICE: IMPLICATIONS FOR REFORM —

Deputy Director Michelle K. Lee at the Technology Policy Institute

Patent reform is high on the agenda for Congress. Proponents of reform claim the current system produces excessive litigation, particularly on the part of “patent assertion entities,” imposing costs on entrepreneurs and others and deterring innovation. Those on the other side suggest that the litigation explosion is overstated and that patent reform efforts will weaken intellectual property protections to the detriment of innovation.

Deputy Director Michelle K. Lee joined The Technology Policy Institute for a half-day conference “Patents in Theory and Practice: Implications for Reform” on February 11 to explore the evidence for reform from both sides of the issue.

Learn more by viewing the agenda or watching the fireside chat.

The Patents of My Career

 


Patent drawing from Patent 5,996,127 of a Wearable Device for Feeding and Observing Birds and Other Flying Animals.

Patents Pick-5Every patent examiner has a list of patents that hold special meaning to him or her, from the first application they examined to the one for a groundbreaking new technology.

As I get ready to retire from the United States Patent and Trademark Office (USPTO) after 24-plus years, I have been looking back at the many people who have been part of my life during my career. It has been a privilege to work with a number of great examiners, managers, attorneys, agents, and so many wonderful and inspiring inventors. I have seen many interesting and not-so-interesting inventions and patents. These five have special meaning to me.

Note: This article is part of an ongoing series detailing some of the Inventors Eye staff’s favorite patents. For each article, the writer selects five patents under a given theme. This list is from Senior Advisor John Calvert. You can read more about John’s career helping independent inventors in our April Spark of Genius .

U.S. Patent No. 4,951,357
Stop Motion Apparatus for a Roving Drafting Device of a Textile Machine

My career as an examiner started in 1990. After two weeks of training, I began examining real applications in the technical area of my college education and work experience: textiles and knitting technology. The very first application I sent a Notice of Allowance for was a stop motion device that helps eliminate excessive fiber waste when a particular part of the machine fails to have the proper amount of fiber moving through the device. While other stop motion devices were previously known, I found that the improvement in this device was new and nonobvious. And so it began.

Fabric cont

 

U.S. Patent No5,515,585
Process for Forming Needled Fibrous Structures Using Determined Transport Depth

When I first read this application, I knew it was different from any other I had ever examined. The subject matter was intriguing; it used mathematical calculations to determine the proper depth of penetration of a needle, so that fiber could be transported without breaking or slipping back and entangling. The invention was intended to create a brake pad disk for use on an aircraft. After extensive searching, I failed to find any patents that disqualified the application. I did find one article in Russian that appeared to show that the invention was not new. However, after a complete translation, I discovered the article did not describe the same invention. For me, this application was one the most difficult and most rewarding.

Needle punch

U.S. Patent No. 5,590,548
Circular Knit Legged Panty Having Knit-in Shaping Panels and a Blank and Method for Making

This was one of many garment patents I examined during my career. The technology provided areas within the legged panty that had more elastic properties for increasing pressure, which resulted in a slimming feature. The real significance of this application for me is not the technology but the attorney who filed the application. Before I joined the USPTO, I worked in a job that I hated. I called my graduate faculty mentor from college for guidance, and he suggested I talk with an examiner at the patent office to inquire about open positions. This eventually led to my work at the USPTO. As it happens, the examiner I spoke with eventually left the office to work as an attorney. She is the one who filed this application. The circle was complete, so to speak.

Legged Panty

 

U.S. Patent No. 5,996,127
Wearable Device for Feeding and Observing Birds and Other Flying Animals

Shortly after I became a supervisory patent examiner in 1998, a new examiner showed me the application that would eventually issue as U.S. Patent No. 5,996,127. It was for a helmet that had a holder for a bird feeder and a place to mount a camera. As soon as I looked at the application I knew it was a candidate for the “Patent of the Month” display. The display showed the most “interesting” issued patent for each month and was placed where almost every patent examiner, manager, and executive would see it. Nobody wanted a patent they had examined to make the display. Once we found there was no way to reject the application, I got a primary examiner to sign with the junior examiner. It did make Patent of the Month, but we all had a good laugh.

Bird Watcher_Feeder

U.S. Patent No. 8,151,720
Open Eye Sewing Needle

My first article in Inventors Eye was about the invention described in U.S. Patent 8,151,720. I met the inventor at the Minnesota Inventors Congress and wrote about how she came up with her invention. The patent issued about two years ago, allowing the inventor to move forward with marketing and protecting her device. While the invention is essentially a sewing needle, the technology she used in engineering the needle allows for a great advancement in that particular technology. Her invention makes it easy for anyone to thread a needle, even folks with large hands and weak eyes like me.

Open Needle

My time at the USPTO is coming to an end. However, my memories of those I have worked with for these many years and have met along the way will stay with me forever. Thank you for allowing me to be part of your exposure to the world of intellectual property.

Keep inventing and innovating.

John Calvert : Office of Innovation Development

Building a Better Patent System

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle Lee

Today I had the opportunity to update the public on the USPTO’s continuing efforts to support President Obama’s initiatives to build a better patent system through his executive actions. I want to share my remarks with you through this blog:

“Thank you. I’m pleased to be here at the White House today with Secretary Pritzker, Director Sperling, and Chief Technology Officer Park to discuss what we collectively are doing to advance our nation’s innovation economy. That task is at the core of our mission at the United States Patent and Trademark Office. We do so by issuing the highest quality patents possible; adding ever-more transparency to our patent system; and leveling the playing field for all players, big and small.

The USPTO is approaching its 225th anniversary next year, and throughout the agency’s history our focus hasn’t wavered. Our commitment was—is—and will be—to do everything we can to help foster an intellectual property system that provides American entrepreneurs:

  • the incentives they need to innovate;
  • the tools to help them produce and protect their creative output;
  • and the certainty they need to seek investments and balance risk while developing new technologies that benefit us all.

Even before the president’s call to do more on patent reform last year, the USPTO had efforts underway to:

  • Improve patent quality and metrics;
  • Enhance examiner training, including input from industry experts; and
  • Weed out troublesome patents through post-grant review proceedings.

Furthermore, ever since the administration’s announcement on June 4th, 2013—as my colleagues before me noted—the USPTO has been hard at work implementing four executive actions.

EXECUTIVE ACTION #1 

The first executive action aims to bring greater transparency of patent ownership information to the public. To this end, the USPTO has begun a rulemaking process. Under our proposed new rule—which reflects significant public input—the USPTO would collect patent ownership information for a patent or application and make that information available to all via our website. The result would be increased transparency aimed at:

  • enhancing competition,
  • facilitating technology transfers,
  • helping to ensure the highest quality patents, and
  • leveling the playing field for innovators.

We are now collecting input from the public on the proposed rule and are pleased to announce today two public events: one at our Alexandria, Virginia, headquarters on March 13th, and another in San Francisco, California, on March 26th. We welcome your input.

EXECUTIVE ACTION #2 

The second executive action called for new, targeted training for patent examiners to scrutinize certain types of patent claims that may be overly broad and to increase patent clarity. We have since implemented a multi-phased training program for all examiners to do just this. In addition, in the coming weeks we will launch a pilot program that uses glossaries to define terms in a patent with the goal of further promoting patent clarity.

We have also conducted numerous public engagements to share ideas, feedback, experiences and insights on further ways to improve patent quality, particularly for software-related patents, such as through our four, well-attended Software Partnership Roundtables held within this past year. We recognize that a patent with clearly defined boundaries provides notice to the public to help it avoid infringement, as well as costly and needless litigation down the road, when the patent is in litigation.

EXECUTIVE ACTION #3 

I am very pleased to announce today the culmination of the third executive action calling for new education and outreach to assist those receiving a patent infringement letter. We have just this morning published a new online toolkit of such resources, which you can find at www.uspto.gov/patentlitigation. These resources will help level the playing field for smaller “Main Street” retailers and consumers—those who are not steeped in patent law or who cannot afford teams of patent attorneys—with a variety of complementary resources. These include ways to find information about the patent being asserted (such as assignment information or its past litigation history) to ways to determine if other businesses are being sued on the same patent.

We know of no other online resource, where a recipient of a patent infringement letter can go to get as much information as is available in this toolkit. And, importantly, the new online toolkit features a two-way communication stream so the public can assist us in identifying additional, and we hope even better, resources for all to use.

EXECUTIVE ACTION #4 

Finally, our fourth executive action called for an expansion of our already extensive public outreach efforts, as well as more empirical research. I’ve already mentioned some of our outreach, which we’ve ramped up from an already high level. As for empirical research, we are proud to announce that we have expanded our Thomas Alva Edison Visiting Scholars program. That’s where we bring on board for a limited time talented scholars to examine intellectual property issues.

We’ve already recruited three distinguished scholars to research key issues related to patent litigation —Joshua Sarnoff of DePaul University, Jonas Anderson of American University, and Elizabeth Bailey of U.C. Berkeley. We’ll be announcing more scholars soon. By engaging legal and economic scholars with agency experts, we anticipate a wealth of new research and data. Empirical examination of the interaction of various aspects of our patent system will provide insights on how to further reduce unnecessary litigation and improve the quality of patents.

So that is a quick overview of our work to date on these executive actions, all designed to strengthen our patent system for our country now and in the long run. I’m also pleased by the administration’s announcement today that we will be renewing our USPTO Patents for Humanity program. You can learn more at www.uspto.gov/patentsforhumanity.

In his State of the Union address, President Obama said “The nation that goes all-in on innovation today willown the global economy tomorrow. This is an edge America cannot surrender.” At the USPTO, we are dedicated to a strong intellectual property system that empowers American businesses to succeed by keeping pace with the ever-growing rate of technological breakthroughs. We are working hand in hand with our colleagues throughout the administration, and with our stakeholders, to advance that goal.

Our work also includes actively engaging with the House and Senate as the legislative process moves forward. The patent system is the engine that powers our 21st century innovation economy. Even the most high-performance engine occasionally needs some fine-tuning. But I am confident our collaborative reform efforts will result in a patent system that performs at an unprecedented level of quality and economic output, benefiting us all.  Thank you.”