Posts Tagged: "patent allowance rate"

It does seems clear that the allowance rate for large corporations is much higher than the average allowance rate for all patent applications. But does that suggest some nefarious bias? Not so fast my friends! At the end of the day it seems to me that the way patent applications are prepared and strategic decisions made during prosecution of the patent application explain why larger corporations have a much higher allowance rate than the average.

The data clearly suggests that that inquiry should be made into what is going on in Art Unit 3689. If there is nothing odd after evaluation then I will be the first to report that and say that after further evaluation the patent examiners in Art Unit 3689 are doing a fantastic job. In the meantime, however, one way that we can get a more complete glimpse of what is going on in Art Unit 3689 is to take a look at the patents granted only after a decision from the Board of Patent Appeals and Interferences. Currently, according to the data available in the PatentCore system, 13 of the 24 patents granted have been granted after a decision from the BPAI, and 3 others were granted only after the applicant filed an appeal brief. That rate seems extraordinarily high to me, as does the 76.5% reversal rate at the BPAI. A look at some of the appeals themselves is elucidating.

Class matters. Technology class, that is. In some of the more rapidly growing areas of our economy, like Social Networking and Mobile Phone Apps, it looks like you can almost double patent allowance rate by making sure your patent application is classified in the more technological patent office art units. For entrepreneurs, a faster allowance rate and earlier acquisition of patents can directly translate into better fund raising, more secure commercialization and more profitable licensing. For large corporations, it means substantially reduced patent costs. And with some forethought you can probably influence which class your application is placed in while at the same time creating a more comprehensive patent application.

Hopefully the seemingly modest successes of team Kappos in fiscal 2010 will be viewed for what they are, which is rather extraordinary, by our leaders in Washington, DC. With all the odds against them, having to fight daily for adequate funding, fewer patent examiners and a Congress that STILL siphons money paid by innovators away from the Patent Office, team Kappos was still able to increase allowances by 5.3% and dent the backlog. Can you imagine what they could do with adequate funding?

As you will read in Part 1 of the interview (see below) Dickinson was not only the first Director of the USPTO, but he was the last Commissioner. The American Inventors Protection Act shuffled the titles around for seemingly unknown reasons, and since the AIPA went into effect while Dickinson was at the helm of the USPTO he is guaranteed a place in patent history, or at least patent trivia. In Part 1, I also asked him about how he managed to bring down average pendency during his tenure, which was the only time over the last 20+ years that has happened. We also discussed how he managed to get on the short list for the Director/Commissioner job, the confirmation process, the craziest question he received during confirmation, vanishing IP boutiques and RCEs. Part 2 is largely devoted to patent reform, which will be extremely interesting, I promise!

In this final installment of my interview with Nick Godici we learn just how close the Patent Office was to sending out 9,000 furlough notices (to all those on the patent side of the building) during the Summer of 2009 as a result of lack of funds. We also discuss the historic patent allowance rate versus the 42% rate the Patent Office got down to during the Q1 of 2009. Godici also humors me by answering the fun questions and we learn that he was the primary examiner on a somewhat famous (or infamous) patent relating to a bird trap and a cat feeder, and he goes off the board with an interesting selection for most famous fictional inventor.

In the popular press there have been a number of stories over the last week or so regarding how the US is losing its edge in innovation as indicated by the drop in patent filings between fiscal year 2008 and fiscal year 2009.  The headlines have been sensational at times, claiming that the recession is affecting US innovation.  While such…

Last night the United States Senate passed a bill that authorizes the United States Patent and Trademark Office to shift funds between different USPTO accounts in order to avoid the Patent Office having to furlough or terminate patent examiners.  Under the Senate bill the USPTO would be able to shift funds from the Trademark side of the building, which is…

Monday I wrote about how the United States Patent Office is holding innovation hostage, and is treating applicants unfairly, at least insofar as some applicants seem to have their cases advance quickly and other applicants seem to wait for many years without any action whatsoever. I have gone on record saying that I believe the Patent Office is taking important…

I just spoke with Mark Malek, a patent attorney at the firm I am with – Zies Widerman & Malek.  Mark had an interesting conversation earlier today with a patent examiner who shall remain nameless.  The purpose of the call was to inquire about the status of a particular application that had been filed over 4 years ago and which…

Even before President Obama announces his selection for Undersecretary of Commerce for Intellectual Property, a post known by those in the industry as the Director of the Patent Office, senior level management Officials inside the Patent Office are beginning to take real and concrete steps to address the enormous backlog of cases that was allowed to build under the stewardship…

I am writing from New York City today.  I am here for the PLI Patent Bar Review Course, which kicks off our summer run of courses.  Over the next couple months John White and I will crisscross the country from New York, Houston, Boston, Los Angeles, Chicago and Atlanta, spreading patent teachings to aspiring patent attorneys and patent agents.  Right…

Many readers will recall that on March 16, 2009, I posted an article titled Perspective of an Anonymous Patent Examiner.  That post was and has been one of the most popular posts ever on the IPWatchdog.com Blog.  Therefore, I was quite pleased to receive another e-mail from the same anonymous patent examiner over the weekend.  Not only is this type…

 Over the last several years the patent allowance rate has fallen from about 70% of applications becoming patents to a low of 42% of patent applications becoming issued patents.  During this same time the Patent Office has continued to proclaim that quality has risen, which everyone in the industry knows to be false.  The real tragedy is that the Supreme…

I was reading the March 30, 2009, edition of Fortune magazine today and there is an article titled After the Panic, Innovation, written by Glenn Hutchins, a co-chief executive of the technology investment firm Silver Lake.  His brief article chronicles how we managed to get into this economic crisis and concludes that, as always, scientific advances and entrepreneurship will lead…