As you probably heard, the U. S. Patent and Trademark Office (USPTO) has some problems. For a number of years, a battle raged for a reform of the patent system, we propose a new patent law about every two years. The main problems relate to the inventor of the number of patent applications. Not only can take years to get around the patent to obtain, but the Patent Office in an attempt, with the balance is the rejection of applications at record rates. This is definitely bad news forInventors, but if you continue to read, learn some tips for dealing with these problems.
At the end of 2008, there were a total of 1,200,000 patent applications pending, of which about 800,000 were still in the first action. On average it took 25.6 months for the patent office to get his first action in a request, despite the fact that under normal circumstances, should be issued only 18 months for a patent! This is a serious and growing problem.
InAt the same time must be increased a lot of pressure on the quality of patents. The Patent Office of Quality Assurance draws lots new patents and evaluated them. If they feel that the patent has been rejected should be checked for the patent examiner is to make negative scores received on its performance evaluations. Then the verification of results will be used to determine bonuses for employees. The result: Auditor err on the side of caution, do not lose theirBonus.
Moreover, the rejection of applications is the easiest way to reduce the work at home on quotas and the backlog. To give you an idea of how this has implications for the work of auditors so, consider this: In late 1990, the examiners rejected less than 30% of all patent applications in the second quarter of 2009, showed 59%!
Compounding these difficulties, two recent cases have KSR v. Teleflex and Re Bilski, led to further changes and challenges to patents. KSRv. Teleflex has been one case the Supreme Court held that the manner in which "obviousness" is defined by a verification of certificates of patents changed heard much more difficult to prove the patent application, "non-obvious." In Re Bilski, a decision of the judge is less highly restrictive, that patents for business methods.
Is there hope? Yes USPTO begins to make some changes. First, the former director of the USPTO, John Dudas, resigned, and soon a new director is appointed, who hopes to turn the 'Patent round. Also present Commissioner quality, Peggy Focarino, starting several initiatives for the training of examiners to work more efficiently and therefore more patents. Moreover, if Re Bilski currently before the Supreme Court and many hope that the decision is over. In addition, the speech by Congress on KSR v. Teleflex laws could help to obtain new patents.
What can we do to avoid the inventors of these challenges? We talkedEric Hanscom, the Patent Law Associate at the One-Stop-Shop invention, as he advises inventors to address these challenges and what actions it has taken to deal with these changes.
"Our strategy in dealing with KSR and monitor Bilski Action Office, and in many cases where the application would be able to GCD and Bilski be allowed, but probably will not be allowed under the new laws, in a continuous row in part (CIP), the application and hope thatch ange, the laws will be reviewed by the CIP, "said Hanscom. With the long wait at the USPTO, the chances are very good that something is being tested before a change in CIP. The same goes for those who find themselves address the final refusal. "We also propose," said Hanscom, "believe that) customers looking for a rejection" final "is opposite to the submission of request (for an RCE under constant review, or even the appeal of waste. "This, in turn, give their time and place them the opportunity to have changesreview prior to their implementation.
To cope with this situation, a former Hanscom USPTO examiners to help, go through the actions of Office and discuss a strategy for KSR v. Teleflex and get hired in Re Bilski.
Hanscom adds another piece of advice. The recent case of the Egyptian goddess designs greatly enhanced. Previously he would only advise a client to obtain a patent for design, if it was not possible, a utility, but oh KSR v. Teleflex, which is notlonger the case. "Design patents are much cheaper, a much higher rate of success (especially after the MCD and Bilski) and are considered much faster than utility application (an average of 8 months for one or two years for most of useful for applications). Accordingly, until the KSR is raised, suggests that customers who do not check first, the designs take into serious consideration. "You have to speak to an attorney to determine whether a design patentwill work for you, but this is good news for inventors, how can the benefits of this development.
So there's hope, and some ways to address this situation annoying. Although there are many, do-it-yourself books, patents, we have always recommended to ensure the work with a patent professional to ensure that the best protection and maximize the opportunities that a patent. Now more than ever to provide the best possible advice at your disposal for a deficitPatent.
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