Transcript Patents as a Metric of Economic Activity

USPTO Training and Access Tools
for Patents Information
Jeffrey Siew
Patent Attorney
Office of External Affairs
United States Patent and Trademark Office
• Patents as a metric for economic activity
• Public Pair, an search tool for the public
• Patent and Trademark Depository Library
Program (PTDLP)
• Global Intellectual Property Academy
(GIPA)
Patents
• Measure of technological progress
• Part of process of sequential innovation
• Reward for evolutionary innovation
Characteristics of Patents
• Easy to quantitatively track
• Clearly defined output of innovation
• Represents substantial asset value to
corporations
• Serve as product of R & D and measure of
competitive advantage in the market
• Excellent history of patent data
Patents and R&D Inputs
• R & D roughly correlates to levels of
patenting activity
• Since all technology is patent eligible,
patent trends can be tracked across and
within industries, and even across
countries
• Patent description gives some information
regarding the level of R&D invested
Patents and R&D Outputs
• Indicator of market potential
• New products
• New markets
• Technological progress
• Window into the R&D activities of industry
actors
• Positively correlated to future innovation
Patent Quality
• Higher patent quality should correlate to greater
•
•
•
•
economic value
Ratio of applications filed to patents granted
Breadth of invention claimed
Size of economic markets in which patents are
granted in
Rate of citation by other patent documents,
publications, and media sources
Patent Metrics: Weaknesses
• Patent activity is dependent on business
model followed
• Not all R&D results in patent activity
(estimated to be only 1/3)
• Patent granting agency performance
affects patent activity and patent quality
Patent Metrics: Weaknesses
• Patenting firms select which technologies
to patent
• Many patents never converted to
commercial application
• Level of R&D required for successful
patent activity variable amongst industry
sectors
• Lack of empirical studies or developed
theory to support link
Metric Indicators
• Level of patent activity in nanotechnology
•
•
•
•
appears to correlate
Technology transfer in the US: post Bayh-Dole
evidence
US Supreme Court decision in Chakrabarty
attributed to rise of biotech industry
Growth of cooperative technologies built on
early patent successes, e.g. ROUNDUP®
Allows competitors to identify each others R&D
strategies
Public PAIR
PAIR is the “Patent Application
Information Retrieval” system on
the USPTO Internet Website.
Public PAIR
on USPTO Internet Website
Note Tabs
Public PAIR
on USPTO Internet Website
Image File
Wrapper
Contents
Patent and Trademark
Depository Library Program:
An Overview
USPTO Business
• Examine patent applications
and grant patents;
• Examine trademark
applications and register
trademarks;
• Disseminate information
about patents and
trademarks.
What is a PTDL?
• PTDL is the acronym for a
“Patent and Trademark
Depository Library”
• Authorized under
35 United States Code 12
• A library officially
designated by the USPTO
35 USC 12:
“The Director may
supply copies of
specifications and
drawings of patents
and published
applications for
patents in printed or
electronic form to
public libraries in the
United States which
shall maintain such
copies for the use of
the public…”
Types of PTDL Libraries
Public Libraries
Academic Libraries
State Libraries
Special Libraries
Total
31
45
8
1
85
www.uspto.gov
PTDL Services
• Focal point for Intellectual Property
Information Dissemination
• Professional Expertise
• Assistance with preliminary patent
and trademark searching
• Assistance to businesses monitoring
competitors/state-of-the-art
• Liaison for inventor groups
Users of PTDLs
•
•
•
•
•
•
•
•
•
•
Inventors
Attorneys
Patent Professionals
Entrepreneurs
Musicians
Students/Faculty
Researchers/Engineers
Information Brokers
Historians
Genealogists
PTDL Program Services
• Train PTDL staff
• Market PTDL services and standards
• Annual Training Seminars for PTDLs
• Liaison between PTDLs and USPTO
PTDLS’ Obligations to USPTO
• Provide free access to the collection.
• Assist the public in efficient use of patent and
•
•
•
•
trademark information.
Attend the Annual PTDL Training Seminar.
Maintain and protect the integrity of the
collection.
Acquire a minimum 20-year backfile of U.S.
patents.
Retain all depository items until disposal is
arranged through PTDLP.
Global Intellectual Property
Academy (GIPA)
• Mission –
– Promote:
• Understanding and development of intellectual
property systems through training and education
– Advocate:
• protecting and enforcing intellectual property
rights of United States nationals in the United
States and throughout the world
GIPA Responsibilities
Domestic
• Provide a state of the art, service-focused, training facility and staff for onsite activities
• Provide training programs, seminars and meetings promoting IP
understanding and development
• Participate in interagency and intra-agency discussions on IP training issues
Offsite
• Provide service-focused technical support for off-site activities
• Provide training programs, seminars and meetings promoting IP
understanding and development
• Participate in cooperative training and development activities with bilateral
and international partners
GIPA Responsibilities (cont’d)
Technical Assistance and Awareness
• Provide technical assistance to countries and other IP offices –
on substantive and enforcement matters, laws, regulations,
administration and processing
• Provide training and education on all IP issues to foreign and
USG officials
Office of External Affairs
Administrator,
External Affairs
Acting Deputy Administrator,
External Affairs
Office Manager
Patents
Trademarks
Copyrights
Enforcement
Trade
Director, GIPA
Director, Attache Programs
Director,
Government Affairs
Goals and Priorities
•
•
•
•
•
•
•
Copyright Programs
Trademark/Geographical Indications Programs
Patent and Related (TK/GR, Ind. Des., Plants) Programs
Enforcement Programs
Public Awareness and Outreach
China
Other Programs
Other Issues
• Country teams – OIPPE country/regional teams
established for Middle East, Sub-Saharan Africa,
ASEAN, Indian Subcontinent, Brazil/Latin America,
Russia and China
GIPA Metrics and
Organizational Assessment
• For FY 09, our externally reported goals included
the following activities:
– Improving World-Wide IP Expertise for USG interests
– Target of 12; for FY, 14 such activities undertaken.
– Plans of Action, Mechanisms and Support Programs
Initiated or Implemented in Developing Countries –
Target at 10; for FY, we have initiated or implemented
18 plans of actions and support programs in developing
countries.
GIPA Successes –
IP Attachés
• Greatly enhanced engagement on IP issues and concrete
improvements
– Brazil - INPI MOU;
– Russia agreed to data protection and range of programs on
enforcement issues;
– SIPO joined IP5 Offices group;
– India much more engaged on and receptive to USG cooperation on IP
issues, especially in areas of customs training and examiner training;
– Thailand to join PCT;
– Egypt moved to WL from PWL for first time since 2004; etc.
• Welcomed by U.S. industries that rely on IP protection (e.g., US
Chamber)
– Developed IP “toolkits” for Embassy websites for industry use
– In fact, Pro-IP bill would mandate 10 more USPTO IP Attachés
• Generally favorable OIG review
– USPTO actively addressing all issues raised in review
GIPA Successes –
Public Awareness
• Since Oct. 2004, OIPPE has manned the
STOP hotline fielding almost 5,000 calls
• Since Apr. 2005, OIPPE has presented 10
widely-acclaimed “USPTO China Road
Shows” to nearly 1,400 US SMEs
• OIPPE developed materials for US industry
on Stopfakes.gov website
Conclusions
• GIPA facilitates execution of one of USPTO’s three
•
•
statutory mandates – domestic and international IP
policy
Despite fact that all of EA represents only 1.2% of
USPTO budget, GIPA has demonstrated concrete
results and is strongly supported by American
inventors, creators and businesses that rely on IP
protection both here and abroad
Fixes for legal/budget issues critical to continued
execution of statutory mandate
• Thank you