Posts Tagged: "first to invent"

One question in particular that stood out to me was the question about hiring at the USPTO. Director Kappos was asked to give us an idea on what the plans are for hiring examiners to the USPTO. Kappos started with “We want YOU to come work for the USPTO.” Laughter abounded. Dickinson quickly picked up on this saying: “Uncle Sam wants YOU!” More laughter all around. Kappos went on to explain that they are seeking experienced, well seasoned patent attorneys to come work for the USPTO. They want to hire another 1000 examiners. Dickinson then joked “Ah, so you weren’t kidding when you said you wanted them to work for the USPTO?”

Keeping an invention notebook or other invention record is an extremely wise thing to do, and in fact should be done by every inventor. As with so many things in life, however, there are a number of ways to do it correctly, and any number of ways to do it wrong. Compounding this is the urban myth, propagated by some scam companies over the years, which suggests that sending a description of your invention to yourself through the mail is beneficial to protect your invention. Unfortunately, protecting an invention is not so easy.

A group of Nevada patent owners and experts announced the formation Thursday of a coalition to oppose legislation aimed at changing U.S. patent laws in a fashion that will have a strongly negative impact on patents, innovation, and job creation generally and particularly in Nevada.

There were probably about 40 people in the room, and the event was broadcast live over the Internet. Kappos took a number of questions and seemed very engaged. It is a breath of fresh air for the USPTO to be listening to the inventor community in a substantive way like this. But it goes beyond just listening. The USPTO proposal with respect to essentially extending the life of a provisional patent application to 24 months, which was announced officially last week, was the result of a suggestion Kappos received at a round-table event in California. So not only is the USPTO listening, they are taking what the hear into consideration. What a novel, yet profound concept.

One of the proposals in the pending patent reform legislation is a change from first to invent to a first to file system. The trouble is that an interference proceeding, the proceeding that would take place to determine who is entitled to receive the patent between the alleged first to invent and the first to file, costs about $600,000. Not many independent inventors or small businesses are going to be able to foot that bill for sure. Nevertheless, I thought it might be good to take a look at this thing called an interference proceeding, which if patent reform is successful would become a relic of US patent law.

The UIA sent a letter to Senator Leahy and Congressman John Conyers. The UIA hopes what is most newsworthy about the letter is their appreciation of Kappos’ outreach to the independent inventor community. First to file may dominate the news though. Did you know that the mean cost of an interference through the completion of the preliminary motions phase is a whopping $417,130. The mean total cost of the entire interference is $656,306. What independent inventors can afford that?

Patent reform could be of sufficiently low political importance that Democrats and Republicans can get something done. If health care dies the Democrats will need to pass something desperately, perhaps many things, to show they actually accomplished something. Therefore, if health care dies I predict patent reform passes. If health care passes I predict patent reform will die, as the Congress and government slip into heightened posturing in advance of the 2010 elections.

As you can see from the first cartoon in the series, the creator of a project has left the company and his unfinished project is being passed on to the hapless Dilbert. Scott Adams, through Dilbert, teaches us not only that no one should ever trust Dilbert, but also about the importance of documenting your invention. I then take this opportunity to also opinion about the impending first to invent changes to US patent laws. What fun!

Director Kappos is making his case for patent reform by making 4 key points. First, patent reform would lower patent office fees for independent inventors and presumably small businesses by establishing a new class — micro entities. Second, the fee setting authority in the patent reform legislation will allow for the USPTO to generate more revenue, thereby improving IT systems and hiring more patent examiners, while not costing micro entities more in the way of fees. Third, post grant review of patents will be condensed into a 12 month period and the threshold for initiating review will be raised, which should result in at settling effect not unlike the quieting of title in the real property scenario. Finally, the US will not become a pure first to file system, but rather into a first inventor to file system, which will have little or no effect on independent inventors and small businesses.

I applaud Popular Mechanics for tackling the under-covered issue of patent reform in Inventors Slam Patent Reform Effort. However, I disagree with some of the magazine’s assertions. Regarding first-to-invent vs. first-to-file, PM says: FTI theoretically allows an inventor to sit on an idea for years, gradually improving it until he or she is ready to file. FTF eliminates that strategy,…

NOTE: This was originally written as a comment to my article Much Ado About Nothing Over First to File.  It is posted here as an article with the permission of Ron Katznelson. ************************ I generally respect those who have the capacity to change their opinions based on substantial relevant evidence and a compelling underlying factual record that supports such a…

Just about 24 hours ago I posted an article relating to my changing position with respect to first to file, and already there is something of a firestorm.  I understand there are those who feel I have abandoned them and adopted a naive view of the world. But excuse me for recognizing the new tone and identifiable actions taking place…

The 14th Annual Inventors Conference is presently ongoing at the United States Patent and Trademark Office in Alexandria, Virginia.  The conference started yesterday and continues today.  I am here at the USPTO presently, and I was here yesterday as well and had an opportunity to hear Patent Office Director David Kappos address the attendees during a lunch speech and then…