The USPTO Website - Research Paper Example

Teacher USPTO Research Paper Introduction Mission ment: To promote originality and competition by giving good quality and appropriate trademark and patent application examination, steering worldwide and domestic property policy and conveying information relating to intellectual property worldwide. Vision: We lead the world in safety and policy in intellectual property In the United States, the Federal Agency responsible for granting patents and trademark registration is USPTO- the United States Patent and Trademark Office. This Federal Agency performs the authorization of Article 1, Clause 8 and Section 8 of the American Constitution which the Executive branch ‘promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries. USPTO records trademarks which are based on the Commerce Clause of the Constitution (Section 8 of Article 1, Clause 3). While working with this arrangement of safety, the United States industry has greatly benefited; there are new goods which have been manufactured, old products have been put to new use and it return has brought about employment opportunities for many Americans. The power of the American economy is greatly dependant on an efficient mechanism which is in place to guard new ideas in originality and ingenuity. The constant requirement of trademarks and patents highlights the resourcefulness of entrepreneurs and inventors in the United States. The Federal Agency USPTO is very much responsible for the achievements and progress which the nation has made technologically. This agency is responsible for advising the United State’s president, Government agencies in charge of IP (intellectual property) policy enforcement and protection as well as the Security of Commerce only that it also encourages a more effective and strong protection of the IP outside American borders. The Federal Agency, USPTO promotes efficient protection of the IP for entrepreneurs and innovators in the United States globally by collaborating with further agencies to guard strongly the IP provision in worldwide agreements and in free trade. Furthermore it grants education, preparation, and the ability in building plans which are formed to create admiration for the IP and to encourage the expansion of tough IP enforcement management by the United States trade partners around the world. (USPTO) The USPTO headquarters is comprised of 5 interrelated buildings which are located at 600 Dulany in St, Alexandria in Virginia. The workplace provides work for about 9000 employees, from engineers to scientists to attorneys and pretty much people from all areas of education who are all devoted to protect the United States IP (intellectual property) rights. The USPTO Website The website for United States Patent and Trade Office is fairly comprehensive. It is easy to use for sole individuals as well as business firms seeking to safe guard their intellectual property. To view all the information one only needs himself a computer and an internet connection with some basic know how of how the internet works. To register for a patent or apply for a trademark, well that is a different story. It is not difficult but one has to register himself with the website in order to apply for a patent or a trademark. This may not be a problem in today’s world as most of the individuals who may be looking to protect their ideas and creativity would be computer savvy. A lot of online publications are also available on the website regarding new patent rules and regulations, copies of applications, publications, file histories and issued patents and trademarks for a price. There are also quite a few manuals etc to help with the new patent laws and basically assist in applying for a patent online. As it is a government operated website, there are no commercial advertisements which is quite a relief actually, the site does lack audio support, but one may be able to find some streaming videos which may prove to be helpful in the whole process as well as educating one about the functions of the website as well as concerning the kind of work which the workplace is in charge of. The website has an about us tab on the right middle of the website, which beautifully summarizes what the USPTO is all about along with its mission statement and vision. For a patent and trademark illiterate person, it may prove to be a quick guide as to what this office is all about. Unfortunately the website does not provide information in other languages except English but it does provide training modules in Arabic, Russian, French and Spanish. The website does have a restricted area which can be accessed by the means of a user name and password, but it does not require any premium fee to register. It requires a user name and password when accessing PAIR when submitting patent application and viewing them before publications, and when ordering copies of registration, publication etc. The website does meet the W3C disability guidelines in an effort to make it more accessible to individuals who are impaired in one of the senses. It allows one to change the interface to one’s own preference, can provide audio and image content on the basis of the preference of the user, it provides equivalence to AT and provide access to the keyboard Privacy Policy The USPTO also shares a link to their privacy policy on their website, the privacy policy is fairly comprehensive and does not allow commercial marketing of visitor information i.e. commercial marketing is prohibited, there are links to a few private and government agencies for the user’s information and convenience but clicking on those links take one completely away from the USPTO website. The website does not allow the use of cookies or tracking cookies to gather information. Cookies are temporary internet files which are stored in the hard drive of the computer of an individual and may provide personnel information to the website without the consent of the user himself. There is some default information which may be displayed depending on the usage of the website, the information includes name and address. The site also protects your personnel information and would not share it with any third party without the consent of the user, the information provided would strictly be used for the purpose which is told when gathering the information. The site would protect your information according to the Privacy policy Act. The website would not share your personnel information even with the legal authorities unless and until there has been some illegal activity. The USPTO also monitors its website at all times for the identification of unauthorized accesses, or attempts to upload or change information which may be harmful to the site and its users. Services The USPTO offers the ability to file for patents, and trademark applications, search issued or published patents, pay fees, assign new ownership, as well as ordering copies of documents and quite a lot more. The USPTO also offers the service of digital signatures on transactions, when filing applications or responding to auctions. It allows payment through credit cards, and also allows email to the USPTO directly not just the webmaster to answer their queries and handle complaints maybe, there are actually a couple of more email addresses which can be used to contact the appropriate person or department. USPTO Federal Register Entries Analysis The Federal Register since March 14,is the United State’s Federal Government executive journal which includes scheduled publications and notices by many of the government agencies. This journal is published on a day to day basis apart from of course public holidays. There aren’t copy right limitations on Federal Register as it’s the United States governments work making it in communal sphere. The Federal Register’s credentials are in the following format. [volume] FR [page number] ([date)]. Following are five entries summarized of the USPTO from the Federal Register. The entries are entered in a chronological manner. [Federal Register: February 1, 2010 (Volume 75, Number 20)] [Notices] [Page 5043-5045] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr01fe10-29] ----------------------------------------------------------------------- SECTOR OF COMMERCE Patent and Trademark Office [Docket No.: PTO-P-2010-0006] Interim Procedure for Patentees To Request a Recalculation of the Patent Term Adjustment To Comply With the Federal Circuit Decision in Wyeth v. Kappos Regarding the Overlapping Delay Provision of 35 U.S.C. 154(b)(2)(A) AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice. ----------------------------------------------------------------------- Synopsis: The USPTO_ United States Patent and Trademark Office is adapting the computer’s program which it makes use of to estimate the adjustments of the patent term in accordance to Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., Jan. 7, 2010. The agency hopes to finish the medication of this software by the 2nd of March, 2010. Meanwhile, the United States Patent and Trademark Office is giving out patantees which have the power to ask for a recount of their patent adjustment without paying any cost, this being a substitute to the fee and petition which is essential according to the 37 CFR 1.705(d). To meet the criteria, forms which request a recount of the patent term’s adjustment should be submitted within 180 days of the patent being issued and the patent should be delivered before 2nd of March, 2010. Furthermore, this process is available only for any suspected errors which are particularly recognized in Wyeth. The United States Petition and Trademark Office is still determining petitions which may be pending in 37 CFR 1.705 which are in agreement to the Wyeth result. This note additionally gives information which concerns the PAIR- Patent Application Information Retrieval screen which shows the calculation of the patent period adjustment. [Federal Register: April 6, 2010 (Volume 75, Number 65)] [Notices] [Page 17380-17382] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr06ap10-35] ----------------------------------------------------------------------- SECTOR OF COMMERCE United States Patent and Trademark Office [Docket No. PTO-P-2010-0012] Patents Ombudsman Pilot Program AGENCY: USPTO, Commerce. ACTION: Note. ----------------------------------------------------------------------- Synopsis: The USPTO produced a note asking for public opinions on a planned process in the Federal Register for a Patents Ombudsman Pilot Program. The bulk of the written comments were optimistic and showed support in the execution of the Pilot Program. After taking a look at the comments received, the USPTO decided that it would execute the Patent Ombudsman Pilot Program as put forward in the note for a time of 1 year. This program is planned to offer attorneys, patent candidates and agents assistance with their applications; handling issues which regard the concerns of progress of prosecution for example delayed applications. The program is not planned on avoiding basic contact between applicants or their representatives and the Supervisory Patent Examiners. After the proposed 1 year time period, the federal agency may expand the Patents Ombudsman Pilot Program with suitable changes on the basis of the response from the applicants, the efficiency of the program and the accessibility of resources. [Federal Register: May 3, 2010 (Volume 75, Number 84)] [Notices] [Page 23227-23235] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr03my10-43] ======================================================================= ----------------------------------------------------------------------- Sector OF COMMERCE Patent and Trademark Office Initial Patent Applications ACTION: Proposed collection; comment request. ----------------------------------------------------------------------- Synopsis: The USPTO- United States Patent and Trademark Office, due to its ongoing efforts to decrease paper work and the burden of giving out responses, requests people of the public and Federal organizations to make use of this option to give their opinion on this amendment of an ongoing collection of information, as made essential by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506 (c)(2)(A)). [Federal Register: July 9, 2010 (Volume 75, Number 131)] [Notices] [Page 39493-39494] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr09jy10-14] ======================================================================= ----------------------------------------------------------------------- SECTOR OF COMMERCE USPTO: United States Patent and Trademark Office [Docket No. PTO-C-2010-0058] United States Patent and Trademark Office Draft Strategic Plan for FY 2010-2015 AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice: Request for comments. ----------------------------------------------------------------------- Synopsis: This note states that the USPTO: United States Patent and Trademark Office‘s summary of the calculated plan for the fiscal year (FY) 2010 till 2015 is accessible for comments and reviews by the public. The GPRA- Government Performance and Results Act-1993 demands the Federal organizations to create a calculated plan which covers a minimum of 5 years and to petition for the opinions and suggestions of individuals who may be interested and/or affected by the plan. The plan recognizes the goals and concerns of the agencies administration and leadership is an amendment of the FY calculated plan of the years 2007 to 2010. The current plan in use by the USPTO, the fiscal year 2007 till 2012 plan can be seen at the agencies website at http://www.uspto.gov as can the draft plan of the agency for the fiscal years, 2010 till 2015. [Federal Register: July 20, 2010 (Volume 75, Number 138)] [Notices] [Page 42079-42080] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr20jy10-40] ----------------------------------------------------------------------- SECTOR OF COMMERCE Patent and Trademark Office [Docket No.: PTO-P-2010-0052] The Treatment of Letters states that the determination of the patent term adjustment by the USPTO is superior to what the patentee or applicant believes to be appropriate. AGENCY: USPTO, Commerce. ACTION: Notice. ----------------------------------------------------------------------- Synopsis: The USPTO: United States Patent and Trademark Office is making clear the treatment of the letters which were submitted by patentees and other applicants which states that the United States Patent and Trademark Office’s determination of the term adjustment for the patent which is shown on the note of allowance, patent or the notification issue is superior than what the patentee or the applicant himself believes it to be. The Federal Agency will be placing the mail in the file of the appropriate patent or application without reviewing it any further. The agency will not go over the letters, nor will it issue any correction certificates on the appraisal of the letters. If any patentee or applicant desires the USPTO to reassess the determination of the adjustment of the patent’s term, he/she must make use of the procedure mentioned in the 37 CFR 1.705 for making a request for the re-evaluation of the patent’s term adjustment. The applicant, in addition may also put forward a disclaimer denying time considered to be additional to the proper patent’s term adjustment. The agency does however doesn’t need the applicant to put forward an appeal for re-assessment under the 37 CFR 1.705 or a disclaimer when the patent adjustment indicates on a note of allowance, patent or a notification of issue that the patent term adjustment is superior than what the applicant may believe as being appropriate. Now looking at all of the above summaries of the entries in the Federal Register, one can see that most of these entries are made to facilitate and assist people when they are applying for patents and trademarks. The picture looks all well and healthy looking at it from this one source through a bird’s eye view, but examining the situation more closely one would come across news and information which does not seem as pleasant as the painted picture. According to Paul R. Micheal and Henry R. Nothhaft the picture regarding the USPTO is quite grim and has been for sometime now. As it is well known that the US job market is not a very pretty picture at the moment with all the layoffs, unemployment is feared by most middle level staff at even the biggest of enterprises. A study by the Kauffman Foundation states that this might not have been the case if the USPTO was not under financed and an excess of applications numbering out to 1.2 million who were still waiting for their examination, out of which greater than half of them weren’t even looked at once. (New York Times, 5 Aug. p23) Conclusion If this situation is overcome an estimated two and a half million vacancies may be created in the 3 upcoming years. One wonders how the situation became so drastic, well in view of the fact that the Congress in 1992 sidetracked around 750 million dollars in fees from patents for other use which caused the USPTO to be overburdened and without any finance available. To enable the proper functioning of the USPTO Congress should provide it with $1 billion, to upgrade the outdated computers and to hire as well as train the examiners to be able to cope with the increase in the applications of patents which have risen over the previous 20 years. It also ought to allow the office to set and keep its own fees and fee structure. Judging from historical data, once excess of 1.2 million patent requests is handled, it would yield patents issued to a number of 780,000 out of which 137,000 patents would be for little businesses, going ahead, the office could allow an addition of 88,000 patents in the next three years and by the year 2013, business which are small would have gotten patents numbering out to 225,000 which they could make use of to make their finances safe, to expand their organization and also employ more labor thus creating more jobs. This would be much better and cost effective then the $787 billion stimulus plan by the government which is expected to create 2.5 million jobs. Funding the entire patent’s office and generating original tax credits can lead to around two and a half million vacancies in the upcoming 3 years along with around 600,000 further jobs in each year afterwards as well. Looking at the wonderful and comprehensive website of the USPTO one does feel secure that applying for a patent or a trademark maybe a good idea and may drive up ones hopes and spark a few dreams maybe, but looking closely one realizes the grim realities behind the green garden of a website created by the USPTO. But to be honest and fair its not really the fault of the USPTO but actually the government. References United States Patent and Trademark Office., http://www.uspto.gov Paul Micheal.R and Henry Nothhaft.R., Inventing Our Way Out of Joblessness., The New York Times., 5 August 2010., p.A23 Read More