Category: USPTO

  • PTO 101 worst management Practices. Workers bilked the government of millions by playing hooky, watchdog finds – The Washington Post

    Patent office workers bilked the government of millions by playing hooky, watchdog finds – The Washington Post:

    The USPTO wins, hands down. They have implemented 101 of the all time worst management practices, all at one time.

    It may be worthy of a method patent application since no one has ever considered implementing all know mis-management practices at once in one organization.

    In reading the Washington Post article by Lisa Rein, you move from groan and wonderment, to GROAN and bewilderment, to actual PAIN and anger.

    All processes are broken as designed. It is reasonably hard to manage with a Union. There is no good rationale for unionization within government, really. Combine that with a cozy relationship where there is no accountability and no direct responsibility.

    To accommodate the new technology and new ways possible of working (telework, computer record searches, cloud computing, etc.) they regressed to pre-computer processes, measures and methods.

    People who work at home, don’t have to log in to work. People who come to work have to time-clock in, but never clock out. People who don’t work much during the week, log in huge amounts of overtime and receive big bonuses.

    When you read a report like this, you assume that you are likely reading the worst of the worst. This seems to be so prevasive, however, that it is embedded in the culture and the protocols, i.e., standard operating procedure (SOP, or in this case SOL). It appears that this is only a sample, so the problem is likely approximately a multiple of the problem. That is, the report is not a measure of the problem, but can be used to generate a huge estimate of how BIG the problem really is.

    WHATTTT!

    This is painful to read at so many levels. This is a case study of government failure, management structure decay, and leadership incompetence. It is all the best of bad leadership practices integrated into one office.

    We at SBP love innovation and want to see the USPTO do the best job possible for the world of innovation. We at SBP love telework, and believe telecommuting is one of the easiest, fastest, and bestest ways to start improving our carbon footprint (while savings massive amounts of time and money doing so).

    The only bright spot in the whole report is that poor performers are monitored (read managed) and consequently only 4% of the identifiable problems of fraud come from the poor performers. Good news, poor performers don’t do a very good job, but they also don’t do a spectacular job of cheating taxpayer, either.

    Managers are obviously a huge part of the problem in so many ways and at so many levels. This whole environment is not salvageable; congress needs to kill off everything USPTO related, and rebuild the organization with proper structure and incentives.

    Oh this is ugly…
    Painfully, UGLY!

    ‘via Blog this’

  • Google has gotten more fast-track patents than any other company.

    Google has gotten more fast-track patents than any other company – The Washington Post:

    Google has gotten 875 fast track patents (about $3.5 million dollars extra in patenting fees $4k extra per app), that is 14% of all such rapid track patent processing in the USA. Prioritized examination.

    The plan from Google’s perspective is to get the patents as quickly as possible. (You don’t really own a patent until issued; you can’t really enforce/assert it until you own it.)

    This is as of 2013, so it would be interesting to find more recent stats.

    ‘via Blog this’

  • No PTA For Divisional Application… Term Adjustments.. 20 years +/-

    No PTA For Divisional Application | PharmaPatents:

    When does a 20 year patent turn out to be more than a 20 year patent… Patent Term Adjustments.

    Okay, so under certain situations, an extension can be requested to the 20 years that the US has for patent applications after 1995. The idea is that for such applications as pharma the long lead time in all approvals through the PTO and the FDA and more… can significantly reduce the useful life of the patent. So Patent Term Adjustments, PTA, (not to be confused with when your parents got together with teachers and the principal), are sometimes allowed. This is the reason that your friendly Patent Attorney will usually say “a patent is the arrangement with the government to offer a monopoly on your invention for about 20 years when you disclose the invention in the formal patent process”.

    Okay, so PTAs are sometimes allowed, but the extensions can be very qwerty. In this case, you would think that the term adjustments to the main, parent, application would be afforded to the patent applications associated with dividing that original application. Not so, it would seem.

    Very interesting, and a very well written article on the whole issue (POSTED BY COURTENAY C. BRINCKERHOFF)

    ‘via Blog this’

  • Intellectual Property is going to POT (Marijuana, that is) – Bloomberg

    Marijuana, Motorola, Moroccanoil: Intellectual Property – Bloomberg:

    You have to laugh about the ideas being plant patents on Marijuana. But this is serious business.

    First, if you come up with a new strain of a plant, you can apply for a “Plant Patent”. If the patent is issued, you can use DNA testing to determine if/when someone else is infringing on your patent. Monsanto is the king (or Redwood) of plant patents.

    HOWEVER, it is not possible to patent something that is illegal. The USPTO will say “offensive to public morality” (USPTO.)

    So now, you as a happy pot grower have the dilemma. You would like to get ahead of the competition. You would like to get your strain of Mary Jane out there, protected by patent, but you can’t because it is an illegal product. Of course, you could move to a state where it is legal. Then presumably you would be able to legally grow it, legally sell it, and legally patent it. You would, of course, want to trademark the name, and copyright the slogan and the official description.

    No wait, come out of the smoke-filled fog and clear your slow and soggy head!… Marijuana is still illegal Federally, as in the good olde US of A. That’s were the USPTO lives and all patents are federal. Hmmm…

    All in all, the intellectual property could be quite valuable. And Monsanto and Altria will probably leave you alone for years; the market’s too small and the legal risks are too big.

    Now you are wondering, prior to the allowance of IP into the pot market, how did you protect your strain. Once the buds left the dealer’s hands there was no way to corner the market. Any common criminal who didn’t want to smoke it today, could sow the seeds of happiness, indefinitely into the uncertain future.

    I can’t wait to see the patent applications over the next few years as marijuana continues it rapid path down the rabbit hole of decriminalization. An Alice in Wonderland adventure awaits.
    KEY: Patents, plant patents, USPTO, Illegal, Crime, Monsanto
    ‘via Blog this’

  • The belief that our patent system is broken is patently false | freep.com … Broken as designed?

    The belief that our patent system is broken is patently false (guest column) | Detroit Free Press | freep.com:

    This is a very interesting article by David Kappos (IP attorney and director of the USPTO). Intellectual Property, especially patents, is a critical foundation of the US economy and of our entrepreneurial proficiency.

    But we shouldn’t take it for granted.

    That’s why some of the IP, Hi-Tech companies have joined together into an American alliance of innovation: Partnership for American Innovation  http://partnershipforamericaninnovation.org/.

    Companies need to take advantage of IP and use it aggressively both domestically and abroad. Especially if we are in the US where we do have strong rule of (IP) law. We must avoid allowing countries with lax IP laws to overrun us on our own strengths, our strengths to innovate.

    We need to aim for Perpetual Innovation(tm). Hall & Hinkelman talk about Perpetual Innovation(tm) in their 2013 book on Patent Commercialization argue that many companies are broken-as-designed. They are not designed around managing their intellectual assets; they still operate as if most of their assets and most of their value comes from physical assets.

    The US Patent system may not be broken, but many companies are. And IP is a critical part of all innovation and the pipeline of new products.

    Hall, E. B. & Hinkelman, R. M. (2013). Perpetual Innovation™: A guide to strategic planning,
    patent commercialization and enduring competitive advantage, Version 2.0
    .
    Morrisville, NC: LuLu Press. Retrieved from: http://www.lulu.com/spotlight/SBPlan
    Hall, E. B. & Hinkelman, R. M. (2013). Perpetual Innovation™: Patent primer 2.0:
    Patents, the great equalizer of our time! An overview of intellectual property
    with patenting cost estimates for inventors and entrepreneurs.
      Morrisville, NC: LuLu Press. Retrieved from: http://www.lulu.com/spotlight/SBPlan
    (or Kindle at http://tinyURL.com/IPPrimer2

    ‘via Blog this’