Thursday, March 28, 2013

Post #19: USPTO Needs More Money


The USPTO appears to be understaffed since they can't seem to examine all the design patents they have been getting these past few years and the number of backlogs has been steadily increasing.  This is a major problem for the U.S. economy because it means individuals have to wait more and more until they can get their patent approved and begin producing whatever they invented.

Currently, the USPTO has the capacity to look at 25,000 design patents a year.  Although this may seem a lot, there backlog right now far exceeds that number which means some people are going to have to wait over a year until they will finally get to see their patent approved.  It is interesting to note however, that in September, nearing the end of the examination period, for a $900 fee, you can get "expedited examination."  Even though there are discounts for individuals and micro-entities, it is still a good amount of money.  In the end, it will be the person who is pursuing the patent to see if it is really worth that much extra money to be put through that process.

This is fundamentally a money issue since the USPTO can't afford to employ more employees than they already have to slow the backlog down.  I believe it would be wise to put more money into the Patent Office because that is where innovation is finally certified and slowing that down only means that we're slowing down innovation -- which is not what the US economy needs right now.

Post #18: PR Stunt: Google Does it Again


Once again, Google is looking to gain good publicity by saying they won't assert ten patents against open source software.  Compared to other companies that had done this before such as IBM and Sun, which each pledged 500 and 1,600 respectively, the number may not seem like a lot -- but the actions behind it are very questionable.  When IBM and Sun first started doing moves like these, people recognized them for what they really are, a sham.  Anyone can go ahead and say they won't attack certain patents because if they have absolutely no relationship to anything you are working towards, why would you ever borrow pursuing litigation?  Also, what about the patents you DO own? Considering that Google owns around 17,000 patents themselves, just ten is a minuscule number, because they still have the ability to sue any one of those.  That leaves Google with around 16,990 other patents it can prosecute...  It is indeed a strange thing for Google to do.  We'll see if they do it again.