USPTO Monthly Review -- December 2017

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monthly review

The USPTO's review of major activities
and initiatives in November

united states patent and trademark office

December 2017

Press Releases

USPTO Launches Two Year Diversion Pilot Program

Cooperation for an Expanded Collaborative Search Pilot with the JPO and KIPO

The USPTO is initiating a two-year Diversion Pilot Program for patent and trademark practitioners. Implemented by the Office of Enrollment and Discipline (OED), the program aligns USPTO with the practices of more than 30 state attorney discipline systems. It will help OED accomplish its mission of protecting the public from practitioners who fail to comply with the USPTO’s standards for ethics and professionalism.

To learn more, read the press release.

JPO-KIPO logos

The USPTO’s Joseph Matal, Performing the Duties and Functions of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, participated in the signing of a bilateral Memoranda of Cooperation (MOC) with the Korean Intellectual Property Office (KIPO) and the Japan Patent Office (JPO) on Oct. 1 and Oct. 2, respectively. Mr. Matal signed the MOC’s with Dr. Sung Yunmo, Commissioner for the KIPO and Ms. Naoko Munakata, Commissioner for the JPO, to begin the second phase of the bilateral Collaborative Search Pilot (CSP) program. The MOC’s were signed at bilateral meetings held on the margins of the World Intellectual Property Organization (WIPO) General Assembly in Geneva, Switzerland.

To learn more, read the press release.

USPTO Finalizes Revised Patent Fee Schedule

Patent cover

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today issued a final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017” to set or adjust certain patent fees, as authorized by the Leahy-Smith America Invents Act (AIA). The revised fee schedule is projected to recover the aggregate estimated cost of the USPTO’s patent operations, Patent Trial and Appeal Board (PTAB) operations, and administrative services. The additional fee collections will support the USPTO’s progress toward its strategic goals like pendency and backlog reduction, patent quality enhancements, technology modernization, staffing optimization, and financial sustainability.

To learn more, read the press release.

Leadership Blogs

2017 Collegiate Inventors Competition Winners Announced

CIC gold medal winners

The future of American innovation was on display Nov. 3 at the 2017 Collegiate Inventors Competition held at the U.S. Patent and Trademark Office (USPTO) in Alexandria, Va.

Cutting-edge inventions created by the nation’s brightest young innovators from colleges and universities across the country – solving challenges from water decontamination to wearable power generation – were showcased at the competition’s public expo, providing the students a forum to answer questions and discuss their inventions with USPTO patent examiners, patent attorneys, trademark examiners and senior officials; corporate sponsors; members of the intellectual property community; and the public.

Read the blog from the Department of Commerce.

The Importance of Independent Inventors to America – and America’s Economy

Joe Matal

Throughout history, independent inventors have transformed our lives with their innovative ideas and played a key role in the growth of the U.S. economy. Regardless of whether these ideas spawned small family businesses or large corporations, the work of small inventors is part of the fabric of American innovation. Think of names like Dupont, Ford, Kellogg, and Wright; and technology such as the telephone, the electric lightbulb, the steam engine, and the airplane. A disproportionate number of the most important technological advances started in the minds of small-scale, independent inventors, and their ideas have helped create new jobs, businesses, and even entire global industries. Today, the importance of small inventors and small business endures. According to the Small Business Administration (SBA), two out of three net new jobs in the U.S. are created by small businesses.

Read the blog by Joe Matal, Performing the Duties and Functions of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO.

Traveling with a Group of Global IP “Rock Stars”

John Cabeca

I recently had the opportunity to join several of the USPTO’s intellectual property (IP) attachés in Long Beach, CA, to deliver presentations at the American Bar Association’s (ABA) IP West Conference and meet with local U.S. stakeholders and businesses.

The USPTO’s IP attachés, who came here from their regional posts in South America, Central America, Asia, Mexico, and the Caribbean, are U.S. diplomats assigned to embassies or consulates to advocate U.S. positions on IP matters for the benefit of U.S. stakeholders. They are committed to advancing U.S. business interests internationally. They also provide information to U.S. businesses entering foreign markets, including how to navigate foreign laws and protect their IP abroad.

Read the blog by John Cabeca, Director of the Silicon Valley Regional U.S. Patent and Trademark Office.

Revised Patent Fee Schedule Finalized

Drew Hirshfeld and David Ruschke

The U.S. Patent and Trademark Office (USPTO) is celebrating the culmination of a multi-year effort to secure the financial security of the Patent and Patent Trial and Appeal Board (PTAB) organization in order to better serve the United States economy. We have made tremendous progress reducing overall patent pendency, reducing our inventory of unexamined applications, enhancing patent examination quality, reducing the ex parte appeal inventory, and implementing the post-grant review proceedings established by the Leahy-Smith America Invents Act (AIA), all of which are vital to ensuring steady domestic job growth. While great progress has been made, there is still much to be accomplished, and additional funding will be needed. After years of preparation, deliberation, analysis, and consideration of stakeholder opinion, the USPTO issued a final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017,” using the fee setting authority of the AIA to strategically change certain patent and PTAB fees.

The revised fee schedule is projected to produce approximately 4% more patent revenue each fiscal year once fully implemented.

Read the blog by Commissioner for Patents Drew Hirshfeld and Chief Judge of the Patent Trial and Appeal Board David Ruschke.

Update: Improving the Accuracy of the Trademark Register

Gerald Rogers

The public counts on the accuracy and integrity of the U.S. Trademark Register when selecting and clearing new marks, so as to avoid conflicts with already registered marks. Registered trademarks that are not actually in use in commerce unnecessarily block someone else from the Register. Based on analysis of the results of the Post Registration Proof of Use Pilot, Trademarks found that more than half of registrations being maintained include at least some goods or services for which the registered mark is not actually being used. In the wake of these findings, the USPTO has been exploring ways to improve the state of the Trademark Register. Some changes have already been made, as Commissioner for Trademarks Mary Boney Denison described in her blog post last year. The Trademark Trial and Appeal Board (TTAB) is considering revision of its rules to allow a party to seek cancellation of registrations for marks no longer in use or that never were in use, through streamlined proceedings.

Read the blog by Chief Administrative Trademark Judge Gerard F. Rogers.

Events

2017 Collegiate Inventors Competition Expo and Awards

CIC expo

The Collegiate Inventors Competition, a program of the National Inventors Hall of Fame (NIHF) in partnership with the USPTO, held its annual competition that rewards innovations, discoveries, and research by college and university students and their faculty advisors on Nov. 3, 2017 at the USPTO headquarters in Alexandria, Va.

The 2017 finalists and their inventions provided a glimpse into the future of American innovation and emerging technological trends in various industries, ranging from medical devices and biotech/genetics to materials science and IT.

To learn more, visit the Collegiate Inventors Competition page of the USPTO website.

Biotechnology/Chemical/Pharmaceutical Customer Partnership

The USPTO’s third Bicoastal Biotechnology, Chemical and Pharmaceutical Customer Partnership (BCBCP) Meeting was held on Nov. 6. This BCBCP expands the USPTO’s long-standing partnership in this industry sector to customers across the country. The BCBCP Meeting was simultaneously available at locations on both the East (Alexandria, VA) and West (Silicon Valley, CA) coasts. During the BCBCP, participants were able to interact with USPTO personnel in-person or via webcast.

To learn more, view the event page

Patents for Humanity Webinar

Patents for Humanity webinar

Patents for Humanity, the USPTO’s top honor for patent owners and licensees who use game-changing technology to meet humanitarian needs, held an informational webinar on Nov. 7, 2017 detailing the application process for the 2017 – 2018 cycle. Winners receive an acceleration certificate to expedite proceedings at the USPTO, as well as public recognition of their work.

To learn more, watch the recorded livestream or visit the Patents for Humanity page of the USPTO website.

Patent Public Advisory Committee Quarterly Meeting

PPAC meeting

The quarterly Patent Public Advisory Committee (PPAC) meeting was held on Nov. 9, 2017 at USPTO headquarters in Alexandria, Va. ­­­­The PPAC reviews the policies, goals, performance, budget, and user fees of patent operations and advises the director on these matters.

To learn more, view the event page or watch the recorded livestream.

Patent Quality Chat: “How Is An Examiner’s Work Product Reviewed?”

Patent quality chat

Deputy Commissioner for Patent Quality Valencia Martin Wallace held the 11th Patent Quality Chat in the 2017 webinar series on Nov. 14 titled How Is an Examiner’s Work Product Reviewed?

USPTO speakers Sandie Spyrou, Supervisor, Office of Patent Quality Assurance and Christyann Pulliam, Supervisor from Technology Center 2100, discussed how quality fits into a patent examiner’s performance appraisal plan and how the Office of Patent Quality Assurance reviews and provides feedback to examiners.

Patent Quality Chat is a monthly, lunchtime webinar series designed to provide information on patent quality topics and to gather public input.

To learn more about the November Patent Quality Chat, watch the archived livestream or view the presentation slides

USPTO In the News

Important Links

Newspaper

PPAC Annual Report
Dennis Crouch, Patently-O

Going for the Gold: Collegiate Inventors Honored in Alexandria
Jeanne Theismann, The Connection

Johns Hopkins students take home silver in Inventors Competition
Kellye Lynn, WJLA

USPTO Launches Attorney Discipline Diversion Program
Kat Greene, Law 360

TOR173 – Patents for Humanity with Edward Elliott
Stephen Ladek, Aidpreneur

Bruce Mihalick: Applications open for Patents for Humanity Awards
Tom Temin, Federal News Radio