1: Patents
Optimize Patent Quality and Timeliness Other Information:
INTRODUCTION The benefits of our patent system have been obvious to Americans since the founding of our country. More than
200 years ago, the need for a patent system was addressed in the Constitution, and a statutory system to examine and grant
patents was put in place. Since that time, the ingenuity of American inventors, coupled with a patent system that encourages
and rewards innovation, has transformed America into the world’s preeminent technological and economic nation. Today, economic
success depends on intangible, information-based assets and industries, such as security and nanotechnology, which cut across
our traditional economic sectors. As the clearinghouse for U.S. patent rights, the USPTO is an important catalyst for U.S.
economic growth. Through the prompt granting of patents, the USPTO promotes the economic vitality of American business, paving
the way for investment, research, scientific development, and the commercialization of new inventions. The USPTO also promotes
economic vitality by ensuring that only valid patent applications are approved for issue, thus providing certainty that enhances
competition in the marketplace. In order for Americans to reap the benefits of their innovations, they often rely on the legal
rights associated with a patent. This means that the longer it takes for the USPTO to review a patent application, the longer
it will take for an applicant to receive the patent rights that ultimately may be granted for the invention. Congress and
the public have recognized this issue— referred to as "pendency," or the time an application remains with the USPTO until
a final decision is made—as having a direct impact on American competitiveness. Implementing the types of changes needed to
fully realize the outcomes of a more efficient and effective examination process requires a multifaceted approach. CHALLENGES/OPPORTUNITIES
● Confidence in patent quality continues to be a topic of debate. Determining the appropriate measures of patent quality and
the related performance targets are of critical interest to both the USPTO and the patent community. ● The increasing number
and technical complexity of patent applications, coupled with the challenge of hiring and training new patent examiners, continues
to confront the USPTO. The patent application filing rate has increased beyond our ability to promptly examine new and pending
patent applications. ● Operating in today’s wired world requires us to have full electronic processing that is safe, secure,
and continually available to employees, applicants, and stakeholders. We must expand the use of IT to all phases of patent
processing. ● A longer-term endeavor, critical to addressing quality and timeliness, is working with our stakeholders, the
Administration, Congress, and our international partners to determine if there is some combination of examination alternatives
that will better meet applicants’ needs while providing a more efficient use of USPTO examination resources. OUR STRATEGIC
RESPONSE We will hire more patent examiners, train and retain them more effectively, and promote use of the patent hoteling
program; build quality into every aspect of patent examination; fully leverage and expand the potentials of the electronic
work environment; and explore the feasibility of offering alternatives to the current one-size-fits-all filing and examination
system. PERFORMANCE MEASURES ● Patent Allowance Compliance Rate ● Patent In-Process Examination Compliance Rate ● Patent Average
First Action Pendency ● Patent Average Total Pendency ● Patent Efficiency ● Patent Applications Filed Electronically ● Patent
Applications Managed Electronically
Objective(s):
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