The Obama administration recently announced two directives to accelerate the commercialization of research and provide small businesses with streamlined access to federal resources. In his announcement, President Obama tied the directives to his administration's recent jobs push, and noted the need to bypass Congress in order to quickly implement the changes.
This week, the U.S. Senate passed the Leahy-Smith America Invest Act, representing a major overhaul of the U.S. patent system. The legislation would make a number of changes to the current patent regime, including the shift to a "first-to-file" system. Under this system, the right to a patent would be granted to the first party to file a patent application for the protection of their invention. In addition, the legislation would adjust the fee structure for the evaluation process and create a new fee category for low-income applicants.
Last week, the House of Representatives passed the largest overhaul of U.S. patent law in 60 years. Under the new legislation, patent decisions would favor inventors who file for patents first, rather the the current "first-to-invent" system. The change would bring U.S. patent law more in line with the patent systems of Europe and Japan. A similar bill was passed by the Senate in March, which will be reconciled with the House bill in the near future.
A recent report from the Intellectual Property Association revealed the top 300 organizations granted U.S. patents in 2010. IBM, Samsung and Microsoft led this year's list. Fourteen universities, including 13 U.S. institutions and one from China, made the top 300, according to The Chronicle of Higher Education. Leading universities include the University of California Regents, the Massachusetts Institute of Technology and Stanford University.
The U.S. Supreme Court recently ruled that the Bayh-Dole Act does not grant universities the unlimited right to patents resulting from federal research grants. In a 7-2 vote, the Court found that a professor could sign over the right to intellectual property (IP) that resulted from collaborative research with a private company. Stanford University argued that Bayh-Dole granted universities a right to IP that could not be signed away by the inventor.
The number of annual U.S. patents of all types increased from 82,586 in 2005 to 121,179 in 2010, according to the U.S. Patent and Trademark Office (USPTO). After falling in 2007 and 2008, and making only minor gains in 2009, patents jumped by 27.5 percent last year. Overall, the number of patents grew 46.7 percent between 2005 and 2010, while patents per capita increased by 40.6 percent. California continues to have the highest number of annual patents in the country, generating about one quarter of all U.S. patents in 2010.
Metropolitan areas with population densities of about 4,000 people per square mile tend to produce the highest rate of patenting, according to a recent article in the American Journal of Economics and Sociology. In a study of U.S. metro areas over a ten-year period, the authors found that metro population density has a significant positive correlation with patenting rates.
Thomson Reuters has updated their 2008 report on the Chinese boom in patenting. In 2006, the 11th Chinese Five-Year Plan for national economic and social development made innovation a priority, with the goal of creating an "innovation-oriented" society by 2020. Over the past few years, China's increase in overseas patent filings has outpaced other leading countries. The report examines the approaches used by the China government to boost patent activity, including increased R&D expenditures, tax deductions for R&D investments and grants to patent registrants.
U.S. patent activity increased in 2009, after two years of reduced activity, according to statistics from the U.S. Patent and Trademark Office (USPTO). U.S. applicants were awarded 95,037 patents in 2009, up from 92,001 in 2008. Last year marked a return to the patenting levels of the early part of the decade, though in 2006 the country had hit an anomalous all-time high with 102,267 patents.
President Barack Obama has authorized the U.S. Patent and Trademark Office (USPTO) to spend an additional $129 million of the fees it will collect this year to improve operations and hire new patent examiners. The newly authorized funds represent fee collections that exceed earlier projections for the year, due to an improving economy and a streamlined review process. Despite that bump in productivity, a recent survey of the U.S. patent system found that entrepreneurs believe that the system is merely "muddling through" and does little to encourage innovation.
The United States Patent and Trademark Office (USPTO) invites public comment on a proposed new patent examination initiative that would provide applicants greater control over the speed with which their applications are examined and promote greater efficiency in the patent examination process. The new "Three-Track" program aims both to provide applicants with the timing of examination they need and to reduce pendency of patent applications.
For the first time in more than a decade, U.S. patent activity did not increase in 2008 over the previous year, according to IEEE Spectrum's Patent Power rankings. The annual report, which ranks companies, universities and research institutions by the quality of their U.S. patent portfolio, also finds that the number of U.S.-based organizations that placed within the top tier of IEEE's rankings-by-industry had fallen by 30 percent.
International patent filings fell by 4.5 percent in 2009 with sharper than average declines experienced by some industrialized countries and growth in a number of East Asian countries, according to the World Intellectual Property Organization. With 45,790 applications, the U.S. filing rate dropped 11.4 percent in 2009, but maintained its top ranking by filing just under a third of all international applications.
In an effort to spur greentech innovation, the U.S. Patent and Trademark Office has announced that the next 3,000 green technology patent filings will be eligible for an accelerated review process. About 25,000 pending applications will also be eligible for the pilot program, which could shave as much as a year off the process. Read more at: http://www.uspto.gov/news/pr/2009/09_33.jsp.
The United Nation’s World Intellectual Property Organization (WIPO) in Geneva recently announced an expansion of its online free searchable patent application database. In addition to containing an existing 1.65 million international patents filed for protection under the Patent Cooperation Treaty (PCT) from 30 countries, the database now includes digital information for 1.49 million additional records from the Republic of Korea, Mexico, Israel, South Africa, Singapore, Vietnam, the African Regional Intellectual Property Organization (ARIPO), and Cuba.
The number of U.S. patents per employee decreased in 43 states from 2003 to 2007, as patents per employee for the U.S. as a whole declined by 10.3 percent over the same five-year period. To track this metric, SSTI has prepared a table calculating the number of patents issued by the U.S. Patent and Trademark Office (USPTO) per 100,000 employees for each state. The table also displays the relative ranking of each state from 2003 to 2007, as well as each state's five-year percent change.
Over the past few decades, state and local policymakers have approached the task of increasing regional innovative activity from a number of directions. Leaders have deployed plans to increase the amount of available capital, to train entrepreneurs, to attract research-based companies and other strategies to create a thriving innovation economy. A key issue in this pursuit is how to keep the beneficial results of these efforts local.
Congress has been debating the need to revise U.S. patent law for years, and, while the debate certainly is not over, a significant hurdle was passed last week when the Senate Judiciary Committee voted 15-4 to move S.515, as amended, for full Senate consideration.