Optimizing the USPTO to BOOST growth
| Author | David J. Kappos |
| Position | The United States Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) |
| Pages | 19-21 |
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The economic vitality of the United States has always
been deeply rooted in innovation. The country was built
on a pioneering spirit that gave birth to inventors who
developed the light bulb and cures for diseases; who
built railroads and led the world into the age of ight;
and who have more recently transformed business and
communications through the power of i nformation
technology (IT).
As we and other countries around the world continue to
struggle with the eects of a severe global recession, it
is clear that economic recovery will depend on a robust
innovative and entrepreneurial environment – one that
incentivizes research and development (R&D) in new
technologies, and provides greater certainty for those
taking innovations to the global marketplace.
Without clear and consistent intellectual property (IP)
protection, any invention – no matter how novel, or
groundbreaking – can eectively be appropriated and
thereby become a royalty-free donation to competitors.
In today’s globalized economy, promoting balanced pat-
ent protection and enforcement will help stimulate the
type of jobs and growth that support eorts to improve
living standards and achieve environmental sustainability.
That is why the USPTO is making great strides to optimize
the innovation environment, ensuring that technologies
spur growth, market competition is balanced and crea-
tive genius protected.
Re-engineering systems
The vision of a simplied and streamlined process for
acquiring IP rights began with an overhaul of the anti-
quated “count system,” for measuring patent examiners’
performance. By convening a joint labor and manage-
ment task force, the USPTO created a new system of
incentives that aords examiners more time to review
applications before issuing rs t-actions. The re-engi-
neered system also established new channels of com-
munication with patent applic ants, encour aging an
open dialogue about applications that boosts the e-
ciency and quality of the review process.
The oce then established a three-track examination
program allowing applicants to determine the pace at
which their ideas are reviewed. A company in urgent
need of IP protection can opt for an accelerated review
for a fee, and for ideas that require longer incubation a
slower track is available.
This program gives the innovation community the tools
to tier priorities and help manage the patent backlog.
While recent budget decisions have hampered the rolling
out of the Track 1 program as early as planned, all avail-
able structural and procedural resources are being put in
place to oer it to the public as soon as budgets permit.
Irrespective of these challenges, the program reects
the USPTO’s view that we live in an age in which tech-
nological change can aect businesses in an instant.
The onus is to create a smart, agil e and e nforceable
patent and trademark architecture that can a dapt to
evolving business needs and leverage modern tools to
address them. As the technologies the USPTO confronts
become more complex, the IT systems that support its
work must become more capable.
Adjusting to changing
realities
Historica lly, when innovative products and services
were introduced to society, it was fairly easy to conceive
of them as stand-alone tools specic to a market, niche
oPtiMiZinG tHe
usPto to Boost
GrowtH
The United State s Under Secretary of Commer ce for Intellectual Prop erty and Director of the United States
Patent and Tradema rk Office ( USPTO), Dav id J. Kappo s, explains what the US PTO is doin g to ensure that
groundb reaking ide as reach t he market q uickly.
Photo: USPTO/ David Snider
David J. Kappos, United
States Under Secretary
of Commerce for
Intellectual Property
and Director of the
United States Patent
and Trademark Oce
(USPTO).
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