US Patent Office Research Articles

The determinants of patent citations: an empirical analysis of French and British patents in the US

The aim of the article is to investigate the determinants of patent citations which are reasonably good proxy for the technological value of an invention. The analysis is based on patents granted by the US Patent and Trademark Office (USPTO) to French and British inventors from 1969 to 1998. Our aim is to explain the frequency of citations rather than why a patent may or may not be cited. This is achieved by examining some of the characteristics associated with highly cited patents. The models we estimate predict that a patent that is frequently cited, and therefore a technologically important patent, is a patent that it is quickly cited and more frequently cited by patent from other technological fields. When the patent is cited by patents from other technological fields this tends to indicate that the cited patent is broader.

Transport research in South Africa: a quantitative assessment

This document presents a quantitative assessment of transport research in South Africa. South African transport research is analysed in terms of publications in the Institute for Scientific Information databases and patents issued to South African inventors by the US Patent and Trademarks Office. Transport research is analysed over time and in comparison with six comparator countries, and the producers of South African transport research are identified. The major finding is that transport research in South Africa is sub-critical and in need of special support. Copyright , Beech Tree Publishing.

Protecting new ideas and inventions in nanomedicine with patents

New paradigms are shrinking our world. Tiny is in and patents are essential for success in nanomedicine. In fact, patents are already shaping this nascent and rapidly evolving field. For the past decade a swarm of patent applications pertaining to nanomedicine has been arriving at the US Patent and Trademark Office (PTO). As companies develop products and processes and begin to seek commercial applications for their inventions, securing valid and defensible patent protection will be vital to their long-term survival. As we enter the “golden era” of medicine, or nanomedicine, in the next decade with the field maturing and the promised breakthroughs accruing, patents will generate licensing revenue, provide leverage in deals and mergers, and reduce the likelihood of infringement. Because development of nanobiotechnology- and nanomedicine-related products is extremely research intensive, without the market exclusivity offered by a US patent, development of these products and their commercial viability in the marketplace will be significantly hampered. In this article, we highlight critical issues relating to patenting nanomedicine products. Effects of the “nanopatent land grab” that is underway in nanomedicine by “patent prospectors” are examined as startups and corporations compete to lock up broad patents in these critical early days. Because nanomedicine is multidisciplinary, patenting presents unique opportunities and poses numerous challenges. Although patents are being sought more actively and enforced more vigorously, the entire patent system is under greater scrutiny and strain, with the PTO continuing to struggle with evaluating nanomedicine-related patent applications.

Down and out in Ham lake

This paper presents a cautionary tale to all inventors who surrender their patents in return for funding. The paper relates the experience of Corliss Orville Burandt, who claims to have invented a method called variable valve timing. Burandt discovered that Honda's intelligent VTEC engine used a technique that he believes is identical to his patent. He also claims that four other major auto companies have recently filed for patents on concepts that would infringe his patents. Unfortunately, Burandt found out that he didn't own the patents and that Investment Rarities Inc., which had initially provided funds to develop his inventions, had failed to pay the US Patent and Trademark Office in maintenance fees that were due on the 12 patents Burandt had assigned to the company in exchange for funding. This case should serve as a lesson to all inventors not to assign the patent to their development partners, but instead to give them an exclusive license. That way, the inventor maintains control over the invention, can monitor and ensure payment of maintenance fees, and can work language into the contract that stipulates that the exclusive license can be terminated if the licensee does not make a reasonable effort to commercialize the technology.

EPO vs. USPTO Citation Lags

This paper estimates the diffusion and obsolescence of technological knowledge by technological field, country and type of institutions that generates it. We use two comparable samples of patents and patent citations from the NBER U.S. Patent Citations Dataset (based on patents from the US Patent Office) and from the EP Cespri Dataset (based on patents from the European Patent Office). Using a quasi-structural model, as proposed by Caballero and Jaffe (1993) and discussed in Hall et al. (2001), we test whether the observed processes of knowledge diffusion and obsolescence reflect the specific institutional mechanism generating them. Results show that at the USPTO there are more citations per patent due to the different rules governing citation practices and that their median lag is twice as large relatively to the citations at the EPO. We also find that the relative properties of the citation frequencies in different technological fields change according to the patent office considered.

The need for new drugs: a response

In 1899 Charles Duell, Commissioner for the US Patent Office, urged President McKinley to abolish his office, because...

Entry and Survival in Foreign Markets from Emerging Countries: Technology, Brand Building and International Linkages

This paper analyses entry and survival in the US software market by using a sample of 875 software and IT service firms located in three emerging economies - India, Ireland and Israel. The empirical analysis addresses the role of pre-entry technological capabilities and international alliances in affecting the firm decision to enter foreign markets and its survival probability. We use software trademarks registered at the US Patent and Trademark Office (USPTO) as a proxy for entry and survival in the US software market. Our empirical analysis shows that there exist significant differences between factors affecting entry and survival in foreign markets. In particular, our evidence supports the view that, while entry may be the result of factors, like fad, that are difficult to predict, survival is explained by strategic choices and firm capabilities. Finally, the role of international alliances is confirmed to be crucial in the firm internationalization process.

A practical application of the IDEAL model

AbstractThe focus of this research is to outline the experience of a small‐to‐medium‐sized European‐based software development organization, utilizing the IDEALSM model while implementing a tailored Capability Maturity Model® (CMM®) software process improvement (SPI) program.[CMM is registered in the US Patent and Trademark Office by Carnegie Mellon University.] The goal of the approach undertaken was to achieve process improvement rather than a specific CMM® maturity level. In doing this, the IDEALSM model was extensively researched and employed. The benefits and limitations of the use of the IDEALSM model are presented as experienced.Research was carried out on a number of software process improvement paradigms prior to the final selection of the CMM®. The approach employed as far as possible remained true to the spirit of the CMM®. A key element of this strategy was to see the requirements of the organization as paramount and immediate. It was deemed important for the organization to achieve specific Key Process Areas regardless of their position in the CMM®. The approach provided the organization with the flexibility to invest in the achievement of specific maturity levels at some future date and thereby capitalize on their current process improvement work. Copyright © 2004 John Wiley & Sons, Ltd.

Light on simultaneous invention from US Patent Office “Interference” records

The Patent-granting practice of the United States requires that an applicant be “first-to-invent,” not “first to file.” This means that if two applications which might be for the same invention are received within a short time of each other, an “Interference” investigation by the Patent and Trademark Office is necessary to clarify this point. The publicly accessible files of these enquiries can therefore be a valuable source for studying simultaneous invention. There are about 200 Interference cases a year. Examination of 270 files in which at least one party was not American, and another 101 in which at least one party was European, shows that simultaneous invention in these cases is rarely due to spontaneous insights by individuals. Those involved in Interferences are usually the most advanced and largest firms in the world. Their R&D is strongly market-driven, and often has a common stimulus, such as academic disclosures at specialist Conferences. These results also provide a useful supplement to other information sources for the study of international competitiveness. A striking feature is evidence of the inventive power of Japanese firms, since in many of the cases, only Japanese parties were involved, with no firm from any other country in competition. The Interference files also offer potential for the study of the history of technology.

Pharmaceutical Pricing and Hatch–Waxman Reform: The Right Prescription

Pharmaceutical pricing in the USA has been habitually plagued by sizeable discrepancies between brand-name drugs and generic alternatives. Traditional notions of competition and free market enterprise fail to narrow the gap, since drugs cannot be sold in the USA unless they obtain regulatory approval from the US Food and Drug Administration (FDA). As a consequence of the legislation and administrative procedures governing market access for pharmaceuticals, generic drug manufacturers encounter a great deal of difficulty in challenging traditionally patent-protected brand-name drugs during the regulatory approval process. During the past two decades, via a series of legislative manoeuvres and statutory amendments (most notably the Hatch–Waxman Act), Congress has created a number of quid pro quos granting generics greater access to quick market entry while simultaneously protecting important intellectual property rights. In 2003, Congress amended Hatch–Waxman, in an attempt to close many of the statutory loopholes that had been exploited in ways unintended by the legislators to block generic pharmaceutical approval. The purpose of this paper is not specifically to critique the new legislation, but rather to suggest a different strategy. Instead of further complicating an already intricate and perplexing statutory scheme with myriad ways for ingenious patent experts to circumvent the intended purposes, the authors propose the following: (1) a repeal of unnecessary incentives; (2) a reassignment of esoteric issues of patentability and enforcement inherent in the determination of listability to the exclusive authority of the US Patent and Trademark Office; and (3) return of legitimate patent infringement disputes to courts of competent jurisdiction.

Innovation Networks and Knowledge Flows Across the European Regions

The recent resurgence of growth studies has indicated technological activities and knowledge spillovers as one of the most important factors in determining the performance of the economic systems. However, only few empirical studies have tried to analyse the flows of technology across regional economies due to the lack of adequate indicators. In this paper we propose new evidence on the characteristics of knowledge spillovers across the European regions based on a database on patents citations developed at the NBER . The data refers to patents granted by the US patent office to European firms over the period 1978-1997. First, we have assigned each patent to 147 European regions according to the place of residence of the first inventor. Then, we have examined in- and out- flows of patent citations as proxy of knowledge spillovers. In order to asses both the spatial and network characteristics of these flows we have tried to combine methodological instruments developed within the Social Network Analysis and the Geographical Information Systems. Our analysis shows the huge differences that exist among high tech and traditional sectors in the complexity of technological networks and in the geographical distribution of knowledge flows.

Tacit knowledge in patent applications: observations on the value of models to early US Patent Office practice and potential implications for the 21st century

Scientist-philosopher Michael Polanyi has observed that tacit knowledge––knowledge that we know but cannot tell––is an essential part of scientific genius and the ability to innovate. He also observes that physical embodiments, particularly in combination with other means of communicating, provide one important means for transmitting tacit knowledge about an invention. Early in the history of the US Patent Office, a patent application to that Office reflected the need to capture unarticulated aspects of an invention: the application included models as well as text and diagrams. Used in disputes about the content and nature of an invention, models were a vital means for communicating about inventions to the public. This article considers the historical relationship among the various types of “texts”––drawings, texts, and models––that were once required for patent applications. It describes Patent Office arguments for and against eliminating models as evidence of invention, and concludes by raising questions about the potential value of computer models to contemporary patent activity.

The prevalence of patent interferences in gene technology.

Unlike all other countries in the world, the United States awards patents to the first to invent, not to the first to file an application for a patent. In cases where two or more inventors submit patent applications claiming the same invention, an interference may be declared. Interference is the process by which the US Patent & Trademark Office (USPTO; Washington, DC, USA) determines which of the applicants was the first to invent and diligently reduce the invention to practice. More than half of these are resolved in favor of the inventor who was the first-to-file, raising questions about whether this unique system is worth retaining. Interferences are relatively rare. For the period 1998-2002, an average of four interferences were declared for every 10,000 patent applications filed. Data we have gathered suggest that interference proceedings in gene discovery and biotechnology are much more prevalent than other areas of technology. The resulting legal fees are costing the biotechnology industry millions of dollars each year. Comments Postprint version. Published in Nature Biotechnology, Volume 22, Issue 2, February 2004, pages 153-154. Publisher URL: http://dx.doi.org/10.1038/nbt0204-153 This journal article is available at ScholarlyCommons: http://repository.upenn.edu/bioethics_papers/49 Competition in research Competition in gene discovery research Running head: Competition in research Word count: 1029 Authors: Jon F. Merz * & Michelle R. Henry * * Center for Bioethics, University of Pennsylvania, 3401 Market Street, Suite 320, Philadelphia, PA, 19104-3308 USA.

Modelling the asymmetric volatility of anti-pollution patents in the USA

The paper analyses the asymmetric volatility of patents related to pollution prevention and abatement (hereafter, anti-pollution) technologies registered in the USA. Ecological and pollution prevention technology patents have increased steadily over time, with the 1990's having been a period of intensive patenting of technologies related to the environment. The time-varying nature of the volatility of anti-pollution technology patents registered in the USA is examined using monthly data from the US Patent and Trademark Office for the period January 1975 to December 1999. Alternative symmetric and asymmetric volatility models, such as GARCH, GJR and EGARCH, are estimated and tested against each other using full sample and rolling windows estimation.

Oxipurinol: alloxanthine, Oxyprim, oxypurinol.

Oxipurinol: alloxanthine, Oxyprim, oxypurinol.

Why are so many patents pending?

This article describes the work of the US Patent and Trademark Office (PTO) and how a patent aplication is dealt with. Currently, it takes approximately 35 days for a patent application to get out of what's known as the pre-examination process and into the dreaded backlog, now up to more than 400000 applications and counting. The big question facing the PTO today is how, given the system in place, the staff can shorten the 24 months that it takes most applications to go from the mailroom to certification. PTO director James E. Rogan has made controversial suggestions. He wants, for example, to in effect add more examiners by outsourcing part of the examination's search process to outside contractors, and to increase application fees by more than 50 percent. Earlier reform attempts have had false starts, most notably the electronic filing system that was discarded in favor of one used by the European Patent Office. Even when, as the PTO plans, all patent applications are electronic, they will still have to be processed through the eyes and brains of the patent examiners.

US patent office awards Robotic Workspace Technologies, Inc. (RWT™) a patent for its versatile robot control system

US patent office awards Robotic Workspace Technologies, Inc. (RWT™) a patent for its versatile robot control system

INGN 201: Ad-p53, Ad5CMV-p53, Adenoviral p53, INGN 101, p53 gene therapy--Introgen, RPR/INGN 201.

INGN 201: Ad-p53, Ad5CMV-p53, Adenoviral p53, INGN 101, p53 gene therapy--Introgen, RPR/INGN 201.

Tissue engineering: a historical review as seen through the US Patent Office

Issued US patents are utilised to describe the history of tissue engineering by implantation of dissociated cells in polymeric matrices. The history begins with patents issuing on applications filed in the late 1970s by Drs Yannas and Bell, who later founded Organogenesis. Next, the pivotal role of the technology developed by Drs Joseph Vacanti and Robert Langer is discussed, then the stromal cell matrices of Dr Gail Naughton, who founded Advance Tissue Sciences. The formation of businesses and product development is briefly correlated with the patents. Additional developments as described in the patents relate to methods for making polymeric matrices, methods for modifying polymers to interact with and modify the cellular interactions with the matrices, including cell attachment, differentiation and proliferation, and more recent advances specific to developments with stem cells and genetically engineered cells.

Cancer vaccine THERATOPE- Biomira.

Cancer vaccine THERATOPE- Biomira.