THIS IS AN ARCHIVED SITE
This site contains information from January 2009-December 2014. Click HERE to go the CURRENT commerce.gov website.
Syndicate content

Blog Category: Patent and Trademark Office

PTAB Hits the Road Again in November 2014 for Detroit Region Roadshows about the AIA Trials

Cross-posted from USPTO.

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee

Stakeholder engagement is a critical mission of the USPTO, and I am excited to share that the Patent Trial and Appeal Board will visit the Great Lakes region to provide more training about the AIA trials. In November, the board will visit Detroit, Cleveland, Pittsburgh, Chicago, Milwaukee, and Minneapolis for afternoon, interactive programs. Earlier this spring, the board engaged with stakeholders in a variety of cities on a listening tour to consider revisions to the AIA trial rules and guidance. In these upcoming sessions, the board is focused on teaching the public how to strengthen their AIA trial filings.

In particular, stakeholders will hear a “State-of-the-Board” address, providing an update on recent developments including the volume of AIA trial filings and administrative patent judge hiring. The board also will host a “PTAB Feud” game show in which members of the public compete to answer questions and learn about the AIA trials. Lastly, the board has developed an AIA trial workshop involving a mock scenario in which a petitioner wishes to assert a challenge against a patent. The audience will break into teams, each facilitated by a judge, to discuss which type of petition to file and what issues might arise from both the petitioner’s and patent owner’s perspectives. Topics of discussion will include bars to filing, real party-in-interest and joinder considerations, and claim construction. The teams likewise will decide whether to institute an AIA trial, and if so, on what grounds and for which claims. In Detroit, the PTAB will host an actual AIA trial hearing in lieu of the workshop.

Besides the roadshows, the PTAB continues to hire more talented IP practitioners as judges. In fiscal year 2014, the board brought on 44 new judges, raising the total to 214. This fiscal year, the board is eager to continue growing, both in the Alexandria headquarters as well as all our satellite office locations. If you enjoy high end legal work involving cutting edge science, then an administrative patent judge position may be just for you.

In sum, I encourage you to take part in one of the Detroit Region Roadshows so that you can become even more versed in the nuances of the AIA trials. To learn more about a judge position, please visit www.usajobs.gov. Our AIA trial proceedings help strengthen our patent system, and we’re thankful for the stellar leadership demonstrated by our administrative patent judges on the PTAB.

Securing Intellectual Property Protection Around The World

Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee  in Geneva

All inventors—everywhere—deserve to have their inventions protected and promoted through intellectual property (IP) law everywhere. That is why the United States Patent and Trademark Office’s (USPTO) international IP focus—both in terms of policymaking and in IP processing—specifically advances us toward a world of global IP promotion and protection. And that is why USPTO’s senior leadership, led by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee, has spent the last week leading the United States’ delegation at the World Intellectual Property Organization (WIPO) General Assembly in Geneva, Switzerland. Working with their colleagues from other major IP offices across the globe, the USPTO remains focused on Building a Better Patent System both at home and abroad.

One focus of Lee and her team in Geneva has been advancing the Global Dossier project, a signature initiative of the IP5. The IP5 includes the five largest patent offices in the world—ours, as well as Europe’s, China’s, Korea’s, and Japan’s. The USPTO hosted the 2013 IP5 meeting in Cupertino, California, where members agreed to create a one-stop-shop for applicants to file and manage a global portfolio of patent applications.

An effective Global Dossier program allows an inventor to more easily travel on the Patent Prosecution Highway, or PPH. This program ensures an inventor applying to two patent offices can benefit from those offices coordinating on the examination process. As those bilateral partnerships grew, however, it became clear that common rules of the road were needed across all PPH participating nations. Thus at the beginning of this year USPTO launched the Global PPH program, which ensures that all PPH-participating countries adhere to the same work-sharing standards. The Global PPH program now has 17 participating offices, with Singapore and Austria scheduled to join later this year.

Of course obtaining a patent faster and cheaper only matters if it is enforceable.

Expanded 2014 Edison Scholars Program to Focus on Litigation Issues

Expanded 2014 Edison Scholars Program to Focus on Litigation Issues

Guest blog post by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee 

I’m delighted to welcome our 2014 Thomas Alva Edison Visiting Scholars to the USPTO. The Edison Scholar program, which began in 2012, enlists the services of distinguished academic researchers to study intellectual property issues that further the USPTO’s mission and the public interest. The scholars devote up to six months of full time service to the agency, or up to a year in part-time service. 

Past Edison Scholars have studied ways to improve the USPTO’s efficiency and performance, decrease burdens on applicants, and improve patent quality and clarity. Their work has generated concrete proposals for patent policy and continues to deliver exceptional results.

Because of its success, the White House Task Force on High-Tech Patent Issues directed the USPTO to expand the Edison Scholars program to study an issue that is of particular and urgent interest, abusive patent litigation. Last fall, the USPTO issued a call for proposals and began a competitive selection process to fulfill this mandate. We have five Edison Scholars this year, including three “Research Fellows” who were selected to specifically develop and publish robust data and research on litigation issues. They’ll be working within our Office of Policy and International Affairs, led by Chief Policy Officer Shira Perlmutter. We look forward to the contributions of all the 2014 Edison Scholars on these essential topics.

2014 Thomas Alva Edison Visiting Scholars

Graeme Dinwoodie is professor of Intellectual Property and Information Technology Law at the University of Oxford, Director of the Oxford IP Research Centre, and a Professorial Fellow of St. Peter’s College. Professor Dinwoodie is an international authority on comparative IP law and is the author of five casebooks. He earned his J.S.D. from Columbia Law School. Research topic: Professor Dinwoodie will study the role of trademark registrations in defining rights as to infringement, whether to confirm market usage rights already in effect or to provide broader protections that enable economic expansion.

USPTO Deputy Director Michelle Lee Discusses Entrepreneurship and Job Creation at the Virginia Innovation Partnership Virginia Ventures Forum

Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO) Michelle K. Lee addressed the Virginia Ventures Forum, a meeting of the statewide Virginia Innovation Partnersh

Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO) Michelle K. Lee today addressed the Virginia Ventures Forum, a meeting of the statewide Virginia Innovation Partnership (VIP) at the USPTO.  One of only seven multi-institution initiatives to win federal funding from the U.S. Department of Commerce's i6 Challenge in 2012, VIP is bringing together universities, community colleges, corporations, investment capital, and other resources to drive promising research discoveries forward and accelerate innovation and economic growth throughout the Commonwealth.

Some of VIP’s funded projects for 2013-14 included “Development of a novel chimeric vaccine for tick-transmitted disease” at Virginia Commonwealth University, “Laser Modification of Metallic Surfaces for Industrial Applications” at the University of Virginia, and “Next Generation Diagnostics” at George Washington University.  All Virginia colleges and universities were invited to apply for proof-of-concept funding.  Projects selected by VIP’s review and advisory boards were granted access to VIP’s expansive mentoring network and matching funds from VIP partners.  It is the Partnership’s hope that the VIP will serve as a model for adoption by other states as well.

“By working together,” Lee said at today’s event, “government, universities, and private enterprise can spur innovations that make our world a better place, while fueling entrepreneurship and job creation in Virginia and beyond.”

Also speaking at the Forum were Tom Skalak, Vice President for Research at the University of Virginia; Matt Erskine, Deputy Assistant Secretary for Economic Development at the Department of Commerce; and Aneesh Chopra, senior advisor to The Advisory Board Company and the nation’s first Chief Technology Officer from 2009-12.

U.S. Patent and Trademark Office Welcomes Chinese Delegation

Deputy Director Michelle K. Lee discussed a number of key intellectual property (IP) issues at the Intellectual Property Rights Working Group meeting of the Joint Commission on Commerce and Trade (JCCT)

On September 11, U.S. Patent and Trademark Office (USPTO) Deputy Director Michelle K. Lee discussed a number of key intellectual property (IP) issues at the Intellectual Property Rights Working Group meeting of the Joint Commission on Commerce and Trade (JCCT), co-chaired by the Office of the U.S. Trade Representative.

Deputy Director Lee welcomed Assistant Minister of the Chinese Ministry of Commerce, TONG Daochi and his delegation of Chinese IP officials this week for the opening of the JCCT meeting. The meeting included a tour of USPTO headquarters in Alexandria, Virginia, and commemorated 35 years of USPTO and U.S. Commerce Department training and assistance on IP matters with China.

In her remarks, Deputy Director Lee said, “We maintain close and effective office-to-office relationships with our counterpart agencies in China and have a strong history of collaboration. Our relationship rests on a firm foundation and we look forward to expanding our engagement and exchanging ideas in the future.”

The Chinese delegation visited the Global Intellectual Property Academy, a facility which serves as the U.S. government’s preeminent facility for enabling exchange of thoughts and ideas concerning intellectual property. Then they participated in the JCCT meeting, which covered patent, trademark, copyright, and trade secret issues that are at the forefront of the U.S.-China relationship.

Calling Kids of All Ages: USPTO Launches Web Page Encouraging Invention and Science and Tech in School

Calling Kids of All Ages:  USPTO Launches Kids Page Encouraging Invention and Science and Tech in School

Did you know that only one U.S. president earned a patent? Do you know which one? Have you ever wondered where the famous expression “The Real McCoy” comes from?

The U.S. Patent and Trademark Office (USPTO) launched a newly redesigned section of its website for kids, but not kids alone! Parents, teachers, and teens will find lots of resources as well as hands-on activities for anyone from preschool to high school. The website encourages students of all ages to engage making, inventing, and discovering the importance of intellectual property. The site also exposes future inventors and entrepreneurs to the inventive thinking process. 

When the children in your life check out the new USPTO KIDS! pages, they’ll discover interesting facts about inventors and learn how they can bring ‘creations of the mind’ to life!  

The website includes games, coloring pages, an audio library of sound marks, videos created by NBC Learn in collaboration with the USPTO and the National Science Foundation (NSF), Girl Scouts’ intellectual property patch activities, lesson plans for teachers, and a list of upcoming events. 

Students can explore collectible cards featuring interesting facts about past and current inventors from diverse walks of life. They’ll also see profiles of inventors their own age, such as Marissa Streng, who while still in elementary school received a utility patent for her dog dryer invention and is the owner of a federally registered trademark. Marissa’s story was featured earlier this year on the Tonight Show with Jimmy Fallon. Another featured student, Rebecca Hyndman, received a patent for the invention of an under-floor that she designed as an 8th grader. Rebecca was called upon to introduce President Obama at the signing of a historic patent reform bill, the America Invents Act.  

Leading Our Team: The Office of General Counsel Senior Management Retreat

Deputy General Counsel Justin Antonipillai discussing Secretary's initiative

This year the Office of General Counsel hosted its yearly Senior Management Retreat at the United States Patent and Trademark Office. The retreat started with an open and engaging conversation with White House Counsel, Neil Eggleston who discussed his experiences in the federal government and its utility in supporting the Obama Administration as White House Counsel.

In support of Secretary Pritzker’s “America is Open for Business” Agenda, the Office of the General Counsel hosted two panel sessions supporting Strategic Goals Two and Three, Innovation and Environment. One panel focused on the overall lifecycle of innovation and was led by Vikrum Aiyer, Deputy Chief of Staff for the United States Patent and Trademark Office and Gregory Godbout, Deputy Associate Administrator and Executive Director of 18F at the General Services Administration. On environment, the additional panel focused on the impact of climate change and the Administration’s response with guest speakers Brandi Colander, Counselor to the Assistant Secretary for Land and Minerals Management at the Department of the Interior and Tom Karl, Director of the National Climatic Data Center for the National Oceanic and Atmospheric Administration. Deputy General Counsel Justin Antonipillai discussed the Secretary’s vision on management, mentoring, and training at the Commerce Department

New USPTO Office in Denver Will Spur Innovation and Accelerate Solving the World’s Problems

Steve Katsaros, Founder and CEO, Nokero International Ltd. holding his patent

Guest blog post by Steve Katsaros, Founder and CEO, Nokero International Ltd.

Ed note: Nokero (short for "No Kerosene") designs, manufactures and distributes safe, affordable, and environmentally-friendly solar based technologies. The solar lights and solar battery chargers are high-quality and low-cost, eliminating the need for harmful and polluting fuels around the world.

--

Yesterday, June 30, 2014, was the opening of the United States Patent and Trademark Office’s (USPTO) Rocky Mountain Satellite Office. We were joined at the opening ceremony by Deputy USPTO Director Lee, Acting U.S. Deputy Commerce Secretary Andrews, Commissioner of Patents Focarino, U.S. Senators Bennett and Udall, Denver Mayor Hancock, Members of the Colorado Congressional delegation, and others. 

I had the privilege of addressing a crowd of more than 200 and share my thoughts as a Colorado entrepreneur and beneficiary of the U.S. patent system.

To introduce my company and my vision, I ask you to imagine life without electricity. Picture yourself in a mud hut with a tin roof --soot so thick that you avoid touching the walls. Picture a lamp burning kerosene, its emissions of black carbon, unburned kerosene and known carcinogens filling the room. Do you smell the burning kerosene and taste the soot as it is pulled into your lungs? 

No human should live like this.

Nokero (short for No Kerosene) is a Colorado company that has globalized its inventions to tackle energy poverty.

U.S. Patent and Trademark Office Opens New Satellite Office in Denver, Colorado to Speed up the Patent Process and Create Local Jobs

Acting Deputy Secretary of Commerce Bruce Andrews (L) is joined by Senator Bennet, Deputy USPTO Director Lee, Mayor Hancock and others at the ribbon cutting for the USPTO's Denver office

Today Acting U.S. Deputy Secretary of Commerce Bruce Andrews and Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee opened the permanent location for the USPTO Rocky Mountain Regional Office in in Denver’s central business district to help the region’s entrepreneurs advance cutting-edge ideas to the marketplace, grow their businesses, and more efficiently navigate the world’s strongest intellectual property system.

Through the ‘Open for Business Agenda,’ the Commerce Department is actively investing in communities across the country to build their capacity to spur innovation. They strongly support innovative startups and enterprises throughout their lifecycle because those companies produce economic growth, support good-paying jobs, and benefit America’s middle class. The Department also believes that this new USPTO satellite office will help the Rocky Mountain region’s inventors and entrepreneurs speed up their innovative products and technologies into the marketplace.

The U.S. Patent and Trademark Office hopes that by retaining and hiring more talented examiners locally they can further improve the overall quality and transparency of their operations while continuing to reduce patent pendency on a national scale. 

The new Rocky Mountain Regional Satellite Office is expected to create an estimated 130 high-quality, good-paying jobs, that will eventually house patent examiners, Patent Trial and Appeal Board (PTAB) judges, and outreach officials in a 45,000-square-foot space located in the Byron G. Rogers Federal Building.

Intellectual Property Key to Protecting Pharma and Biotech Innovation

Intellectual Property Key to Protecting Pharma and Biotech Innovation

Did you know the U.S. Patent and Trademark Office plays an important role in getting biotechnology and pharmaceutical products to market? Biotech and pharma are major areas of patenting for the USPTO. In fact, since 2009, the USPTO granted more than 31,000 patents in the “Molecular Biology and Microbiology” classification, and about 30,000 in the “Drug, Bio-Affecting and Body Treating Compositions” classification. There has also been a significant increase in recent years in patents granted for medical devices. In 2012, the USPTO granted more than 16,000 patents in that category, a 157 percent increase in five years. 

On Wednesday June 25, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee spoke at the BIO International Convention in San Diego, California on the importance of patents in the pharmaceutical and biotech industries. Read Deputy Director Lee’s speech. 

“When you do find that one-in-a-hundred success—that drug that truly works—it’s critical that you have the patent protection necessary to get that drug to market and recoup your investment on the 99 attempts that didn’t succeed,” said Lee. 

The importance of intellectual property in innovation is exemplified through the pioneers and patent holders who were recently inducted into the National Inventors Hall of Fame, a program managed by the USPTO in partnership with the non-profit Invent Now. 

One of these inductees, Dr. Richard DiMarchi,has received international recognition for the discovery of peptide-based polypharmacy directed at the treatment of diabetes and obesity. He received a patent for Insulin LisPro, better known by its trademarked name, Humalog®, which is currently used daily by more than a million patients with Type 2 diabetes. Dr. DiMarchi continues to engage in research, and recently said that one of his unachieved goals is to focus on a disease like Alzheimer’s, reduce it to a molecular target, and then design a drug that will work in human clinical studies. 

Strong intellectual property is key to protecting innovation in the biotech and pharmaceutical industries, and the USPTO continues to work on the White House executive actions to issue the highest quality patents possible, add transparency to our patent system, and level the playing field for all players.