Patent Allowance Rate up to 46% (4/29/11)
One of Director David Kappos’ first actions was to send out an email to all the examiners at the USPTO (U.S. Patent and Trademark Office) that rejection did not equal quality. Mr. Kappos has had almost two years to make good on the policy change. When Mr. Kappos took over the allowance rate had fallen to 39%. While this shows progress and many parts of the Patent Office have gotten the message there 
are still several art units where they are still operating under the “rejection equals quality” policy.
The USPTO has a data visualization center, which tracks many usefl statistics. For instance, the overall allowance rate is 62.9% from a low of around 56.4%. The overall allowance rate does not consider RCEs as a new case. For companies that can afford to fight indefinitely with the PTO this is a better measure, but for companies on a limited budget this is small consolation. Despite the rhetoric that companies file multiple patents willy-nilly, the extreme cost and length of time it takes to obtain a patent means that even the wealthiest of companies are discerning in their patent filings. As a result, an overall allowance rate near its historical average of 70-75% makes more sense.
It now takes on average 25.2 months from the date of filing a patent application until you receive an Office Action. This varies significantly from one art unit (technology) to another. In addition, Congress stole another $100M in user fees, which has caused this delay to increase. Unfortunately, our Congress is not serious about their Constitutional duty to secure the rights of inventor.
No comments yet.
Leave a Comment
About
This blog is devoted to intellectual property innovation, patent law and innovation. The moderator, editor, and main 
author is Dale B. Halling. Mr. Halling is patent attorney and entrepreneur. As a patent attorney, Mr. Halling, has represented numerous Fortune 500 companies including, McDonnell Douglas, Boeing, Motorola, Ameritech, SBC, MCI, Cypress, and numerous technology start-ups. He has helped his clients obtain patents worldwide. Mr. Halling has a BS in Electrical Engineering from Kansas State University, an MS in Physics from the University of Texas at Dallas and a JD from St. Louis University. Mr. Halling is the author of the book “The Decline and Fall of the American Entrepreneur: How Little Known Laws are Killing Innovation.”
For More Information Click Here.
-
Recent
- SOX: Shooting Ourselves in the Head
- Patent Allowance Rate up to 46% (4/29/11)
- Stealing From Inventors
- HOW THE AMERICA INVENTS ACT CHANGES PATENT LAW
- David Boundy: Call to Action
- Makeup of the CAFC: Update 4/25/11
- Adam Mossoff Lecture: Ayn Rand on Intellectual Property
- The Birth of Plenty: Predictions
- Could Apple Get Funded Today?
- Atlas Shrugged –Movie Review
- Are Transaction Costs for Patents Too High?
- Monopoly/Rent Seeking vs. Property Rights/Intellectual Property
-
Links
-
Archives
- May 2011 (1)
- April 2011 (16)
- March 2011 (13)
- February 2011 (8)
- January 2011 (7)
- December 2010 (7)
- November 2010 (7)
- October 2010 (7)
- September 2010 (11)
- August 2010 (8)
- July 2010 (7)
- June 2010 (6)
-
Categories
-
RSS
Entries RSS
Comments RSS
