United States Patent And Trademark Office Research Articles

Measuring industrial knowledge stocks with patents and papers

Under the National Innovation System (NIS) framework, knowledge stock has been recognized as a key factor for enhancing national innovative capabilities. However, despite the importance of patents and papers for measuring knowledge, previous research has not fully utilized patent and paper databases, and has instead relied on research and development (R&D) data. Therefore, in this research, I introduce a way to utilize both types of useful data when measuring industrial knowledge stocks. As primary data sources, the United States Patent and Trademark Office (USPTO) Web site for patents and the science citation index (SCI) for papers are used. In the case of Korea, the amount of knowledge stock proxied by patents and papers is different from that proxied by R&D, which indicates in turn that using a single indicator such as R&D may be misleading. Although the result may vary depending on the selected nation, the proposed method will be useful for gauging knowledge stocks in a more complementary way.

Patent analysis of genetic engineering research in Japan, Korea and Taiwan

Abstract The aim of this study is to reveal the research growth, the distribution of research productivity and impact of genetic engineering research in Japan, Korea and Taiwan by taking patent bibliometrics approach. This study uses quantitative methods adopt from bibliometrics to analyze the patents granted to Japan, Korea and Taiwan by United States Patent and Trademark Office (USPTO) from 1991 to 2002. In addition to patent and citation count, Bradford’s Law is applied to identify core assignees in genetic engineering. Patent coupling approach is taken to further analyze the patents granted to the core assignees to enclose the correlations among the core assignees. 13,055 genetic engineering patents were granted during the period of 1991 to 2002. Japan, Korea and Taiwan own 841 patents and Japan owns most of them. 270 assignees shared 841 patents and 16 core assignees are identified by the Bradford’s Law. 18,490 patents were cited by the 13,055 patents and 1,146 out of the 18,490 cited patents were g...

Is there a tradeoff between average patent pendency and examination errors?

It is now common knowledge that the United States Patent and Trademark Office (USPTO) takes too long to process patent applications and that examiners make too many errors in the patent approval process. Given these twin concerns, we study the following question in this paper. Should the director of an organization such as the USPTO have a small number of examiners examine incoming patent applications less stringently or should this director have a large number of examiners examine the same patent applications more stringently? We employ a simple queuing model and show that if decreasing the average patent pendency is crucial then it makes more sense for the director to select the less stringent patent examination regime. In contrast, if reducing the number of examination errors in the patent approval process is more important then the director ought to choose the more stringent patent examination regime.

Is there a Tradeoff between Average Patent Pendency and Examination Errors?

It is now common knowledge that the United States Patent and Trademark Office (USPTO) takes too long to process patent applications and that examiners make too many errors in the patent approval process. Given these twin concerns, we study the following question in this paper. Should the director of an organization such as the USPTO have a small number of examiners examine incoming patent applications less stringently or should this director have a large number of examiners examine the same patent applications more stringently? We employ a simple queuing model and show that if decreasing the average patent pendency is crucial then it makes more sense for the director to select the less stringent patent examination regime. In contrast, if reducing the number of examination errors in the patent approval process is more important then the director ought to choose the more stringent patent examination regime.

Software Patenting: Legal Standards in Europe and the US in view of Strategic Limitations of the IP Systems

The legal requirements concerning the statutory extent of protection for patent rights vary considerably throughout various global legal systems. Until today no harmonisation of US and the European provisions for the patentability-assessment of Computer Implemented Inventions (CII) could be achieved. For more than 20 years an ever-increasing field of intellectual creations has opened up for Patent protection by the US case law in force. According to the interpretation of the European Patent Convention (EPC), however, patents must be granted solely for technical inventions. A direct comparison of the two underlying International Property (IP) systems is therefore difficult to achieve and the granted legal titles must be carefully analysed when comparatively assessing their quality and economic exploitability. In this paper an initial concordance of European and US primary and secondary patent law is developed. Consequently the impact on “Software Patent” examination standards as applied by the legal executive authorities – European Patent Office (EPO) and United States Patent and Trademark Office (USPTO) – is determined. The detailed knowledge of the respective standards for so-called statutory subject matter makes up the basis for a conclusive empirical study of granted and refused European CII patents and patent applications.

Patent and Trademark Depository Libraries and the United States Patent and Trademark Office

This paper describes the network of Patent and Trademark Depository Libraries (PTDLs), a collaborative partnership with the United States Patent and Trademark Office (USPTO) for disseminating patent and trademark information in every state plus the District of Columbia and Puerto Rico. Typical information sources and services provided at PTDLs are given, followed by suggestions of areas on which to focus in the future for PTDLs to continue to be vital links of information that spur economic growth, business competitiveness, and the continued discovery of new scientific and technological knowledge and applications.

Methods for forecasting numbers of patent applications at the European Patent Office

Accurate forecasting of numbers of patent application filings is crucial for resource planning at the European Patent Office (EPO) and other patent offices. As a supranational office, the EPO usually attracts Subsequent Filings rather than the priority forming First Filings. This fact needs to be incorporated in forecasting models for EPO filings and a two stage mechanistic framework is proposed. The forecasting methods that have been used routinely at the EPO have been: trend analyses; a transfer model that uses First Filings as an indicator of EPO filings one year later; and regular surveys of applicants to determine their future intentions. Controlling Office (CO) carries out the basic forecasting exercise on an annual basis as an input to discussions on the formation of the EPO Budget. A Research Programme has been set up for the improvement of the patenting methodology. Five projects under the programme have achieved mixed degrees of success up to this stage. A new challenge for the forecasting team is to accommodate the need to make forecasts for each of 14 Joint Clusters, based on the different technical areas in which patent applications are made to the EPO. The EPO participates in a Trilateral Statistical Working Group (TSWG), together with representatives of the Japanese Patent Office (JPO) and the United States Patent and Trademark Office (USPTO). This group examines and compares forecasting techniques, and seeks to find models for world-wide patent application patterns across borders. The EPO also has a duty to review or participate in more general studies of the patenting system, in order to advise EPO management on strategic issues regarding the environment of patenting.

Patenting of Genome Research Results

In light of the enormous investments for the sequencing of genomes and the subsequent development of pharmaceuticals, obtaining patents for these results is a major goal of companies working in this area. This article focuses on the present situation concerning the possibility to obtain patent protection for genome research results, in particular at the European Patent Office (EPO), in the US and in Japan. Trilateral projects have recently been established to consolidate the cooperation for the administration of the practice to search, examine and grant patent applications in order to gain possible mutual benefits. Accordingly, this article aims to assist people working in the field of genomic research to understand the basic principles of obtaining patents for DNA inventions in light of the practice of the EPO, the United States Patent and Trademark Office (USPTO) and the Japanese Patent and Trademark Office (JPTO).

R&D portfolios in environmentally friendly automotive propulsion: Variety, competition and policy implications

In this article, we analyze R&D portfolios in environmentally friendly automotive propulsion including alternative fuel options. We argue that at the current stage of development, substitution of conventional car technology by a new automotive propulsion technology may lead to premature lock-in of suboptimal technology. To avoid such lock-in, one should value the variety of current R&D activity that enables organizations to learn from multiple options and to create spillovers between options. We further argue that the existence of technological variety is not a sufficient condition to avoid lock-in. Organizational variety is also required to sustain competition and avoid the dominance of few firms that possibly enforce a suboptimal technology within the sector. To assess whether recent developments in R&D have led to both technological variety and organizational competition, we analyze United States Patent and Trademark Office (USPTO) patents in low-emission vehicles (LEVs) during the period 1980–2001 using entropy statistics. Results show that both technological variety and organizational competition have increased steadily since the early nineties, suggesting that premature lock-in is unlikely to occur. From an environmental policy evaluation perspective, we consider the findings as a positive evaluation of the 1990 Californian Low Emission Vehicle program.

ABOUT THE AUTHORS

ABOUT THE AUTHORS

DNA-sequence patenting: National Society of Genetic Counselors (NSGC) position paper.

In November 2000, the Genetic Services Committee of the National Society of Genetic Counselors (NSGC) convened a working group to draft a position paper on patenting DNA-sequences. The mandate of the group was to produce general position statements that support the perspective and needs of consumers of DNA-based genetic tests and therapies (our patients and their families) and participants in DNA-based genetic research. After review and discussion of the literature on DNA-sequence patenting issues, the working group drafted position statement points that support current United States Patent and Trademark Office (USPTO) guidelines; broad licensing of DNA-sequence patents; nonenforcement of DNA-sequence patents in noncommercial research; reasonable royalty rates; an informed consent process for research participants that discloses whether they can share in any financial rewards relating to the project; the development of guidelines for licensing of DNA-sequence patents; and the establishment of oversight organizations to monitor licensing of DNA-sequence patents. These position statements were approved by the NSGC Board of Directors in the fall of 2001.

Finding Your Way Through the Trademark Information Maze

SUMMARYThis article gives guidance in searching trademarks, owner names, goods and services, and international classes using sample queries in the trademark databases of the United States Patent and Trademark Office (USPTO). Web and DVD databases are described. Both systems have advantages and disadvantages. The author presents an introduction to trademark terminology and the basic application process. Five queries are completed showing interesting uses of trademarks as well as the strengths and weaknesses of the databases.

Trademarks and e-business – vital partners in the 21st century

The explosion of interest in registering domain names as trademarks at the United States Patent and Trademark Office (USPTO) is described. The potential benefits of e.g. “.com” trademark registrations is explored in the wider context of a massive increase in applications for trademark registrations generally, the rapid expansion of e-commerce, and the registration of many millions of domain names with various authorities. The article concludes with a summary of the corresponding expansion of the USPTO web site to cater for the increasing familiarity of the commercial pubic with the Internet. This includes, for trademarks, three systems – electronic search (TESS), electronic application (TEAS) and electronic information on pending and registered trademarks (TARR).

Internet Patent Databases

The loading of the United States Patent and Trademark Office (USPTO) database on the Internet has set off a chain reaction with other patent database publishers. Patent information has never been so accessible, at such low cost, to so many people as now. This new accessibility has spawned a new set of questions about the Internet patent databases, such as, what are their uses, and what are the differences? Librarians who do not specialize in patent searching might have reservations about doing patent searches. This article describe? the different patent databases on the Internet, lists their strengths and weakness, and recommends the best free patent databases.