intellectual property

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.

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.