USPTO satellite offices; European patent moves forward

Big patent news from Europe and the US:


The USPTO is planning to open three new satellite offices in Dallas, Denver and Silicon Valley, bringing the total number of regional offices to four. The first USPTO satellite office will open in Detroit on July 13. By coincidence, July 13 is also the 176th anniversary of the first patent issued under the Patent Act of 1836, US 1. In establishing regional offices the USPTO hopes to make it easier for applicants to obtain patents in a timely manner and reduce its backlog of pending applications.

Across the Atlantic, negotiators agreed that the European patent court should be located in Paris with offices in Munich and London. This decision moves Europe one step closer to establishing a single European patent granted by the EPO.

2012 Global Innovation Index

The 2012 Global Innovation Index, co-published by INSEAD and the World Intellectual Property Organization (WIPO), is now available.

Lobster Lure Saves Money

A Nova Scotian inventor has designed a device that will allow lobster fisherman to leave their traps in the water for longer periods of time, thus reducing the number of trips they have to make to check them. The device is a container that releases bait after a biodegradable fuse breaks down. It`s not clear if the inventor has filed a patent application, but a Canadian trademark for the name BAIT SAVOUR was registered in 2010.

The catching and eating of lobsters (and other crustaceans) has inspired thousands of patented inventions over the decades. An early version of the classic lobster pot, seen in thousands of souvenir shops throughout New England and the Canadian Maritimes, was patented by Joseph Steward of Boston in 1887. (US363858). Alexandre Cormier of Montreal patented an improved version in the 1920s. (US1607443)

Hockey Players Protect Their Noggins

A group of Canadian businessmen have launched a new product that they claim will protect hockey players from concussions.The Noggin is a form-fitting skull cap kitted out with gel pads intended to be worn under a regulation hockey helmet. Medical experts are skeptical about the product`s claims, however. According to the CIPO`s Canadian Trademark Database, an application for the mark Noggin was filed on April 10, 2012.

Over the years inventors have filed hundreds of patent applications for inventions designed to protect the heads of athletes from blows. More than 1,700 patent documents are classified in IPC A63B71/10, which covers protectors for the head. Designs include shock absorbing headbands and protective golf hats. One of the earliest designs is an 1895 patent (US532567) for a head protector for football players.

2012 National Inventors Hall of Fame Inductees

Ten inventors were inducted into the U.S. National Inventors Hall of Fame earlier this month. The inductees included Steve Jobs, co-founder of Apple and holder of more than 100 patents, and Nobel Laureate (Physics) Dennis Gabor.

Free Patent Tools from MaxVal

MaxVal, an IP research and services firm, offers a suite of useful (and free) patent tools. The graphical patent family tree generator is especially nice. The USPTO widget is also useful for compiling data about a specific patent from various USPTO databases.

PatentScope Improvements

The latest improvements to PatentScope include faster query response time, new and enhanced Boolean operators, improved search term highlighting and query tree displays. The operator NEAR can now be used with other Boolean operators and a new operator, BEFORE, can be used to search words in a specific order, e.g. fuel BEFORE cell.  

USPTO Launches IP Awareness Tool

The USPTO and NIST have launched a new IP Awareness Assessment Tool aimed at helping small businesses, entrepreneurs and independent inventors improve their knowledge of all forms of intellectual property.

Awareness of IP rights among entrepreneurs and inventors is low in many countries. In 2009 the Canadian Intellectual Property Office conducted a survey of small and medium-sized businesses and found that 62% of the respondents could not name a single form of IP. Copyright was identified by 20%, followed by patents at 16%, trademarks at 10% and designs and trade secrets at 1% each. 

Improved Peanut Butter Jar?

A pro-hockey player and inventor from Alberta thinks he's solved a problem that has plagued kids forever: how to get the last bit of peanut butter out of the bottom of the jar without getting it all over your fingers. The Toronto Star reports that Darren Kramer has applied for a patent on an improved peanut butter jar. The jar's top half twists off to allow easier access to peanut butter in the bottom.Kramer isn't the first inventor to tackle this problem. In 2009, Ryan Coffey of Wisconsin filed an application (US2009261098  A1) for a jar (that closely resembles the peanut butter kind) with lids at both ends, presumably to allow for easier access to the peanut butter at the bottom. 

Great Canadian Inventions Profiled in Globe and Mail

The Globe and Mail has launched a new monthly feature profiling great Canadian inventions and inventors. The first inventor profiled is Al Gross (1918-2000) who pioneered the development of two-way radio systems (walkie-talkie) in the 1930s. Mr. Gross, who was also known as Irving J. Gross, received several radio-related patents in the 1940s and 1950s which were assigned to the Stewart-Warner Corp. of Chicago. (See US2698380, US2760058, etc.) "The Innovators" series is located at http://tgam.ca/innovators.

PatentScope Adds PCT Licensing Information

PatentScope now includes licensing information for PCT applications. PCT applicants who wish to make their applications available for licensing may request so by filing the appropriate forms. (See the December 2011 PCT Newsletter.) As of March 19, only a handful of published applications have licensing information.

Divine Inspiration

Today's Globe and Mail carried a death notice for a Lawrence Abello SJ, a Jesuit priest who passed away on January 22 at the age of 80. According to his obit, Abello earned a PhD in physics from Wayne State University and was an inventor. In 1975 he obtained US and Canadian patents for a device for enabling a gasoline engine to run on hydrogen. His patents were assigned to the Canadian Jesuit Missions of Toronto.

The notion that a priest might be interested in patenting an invention is not that unusual. There are many examples in the patent record. Some have even achieved fame from their inventions. For example, Rev. Julius A. Nieuwland of the University of Norte Dame is an inductee in the National Inventors Hall of Fame. Nieuwland, a chemist, invented and patented the first synthetic rubber, neoprene, in 1931.

The California and Chicago provinces of the Society of Jesus (Jesuits) own several patents; US5054310, related to ultrasonic beams; US4970907, transducer holder; and US4403916, wind turbine.

Changes to US Patent Law - New Rules for Prior Art

There's a nice summary of the recent changes in U.S. patent law in the Jan. issue of Physics Today, and their relevance to academic scientists and engineers. The American Invents Act moves the U.S. from a first-to-invent system to a (modified) first-to-file system. Under the pure first-to-file system used by most countries, publication of an idea or invention prior to filing a patent application will prevent an inventor from obtaining a patent. The AIA retains a one-year grace period for publications authored by the inventor (the inventor's own work) or derived from the inventor's work. The article has a nice flowchart that explains how the one-year grace period works.

Wikipedia References in US Patents Increase in 2011

Wikipedia continues to be a favorite source of prior art references for inventors filing patent applications with the U.S. Patent and Trademark Office. The number of issued U.S. patents that cite Wikipedia articles increased by 26.3 percent in 2011, reaching an all-time high of 2,425. This is roughly one percent of all patents issued in 2011, a small but growing fraction. 

The top ten assignees shown in the table below hold approximately 17.65 percent of the 2011 patents that cite Wikipedia, which is off 5 percent from 2010. Once again, ICT firms dominated the top ten, which suggests that computer and telecommunications patents are more likely to cite Wikipedia than patents related to other technologies. The top three assignees (IBM, Microsoft and Google) account for nearly 10 percent of the total. Google jumped from 7th to 3rd place. Apple, which was in the top three last year, dropped to 5th place in 2011. Approximately 5 percent of the patents citing Wikipedia were unassigned, which is unchanged from 2010.

The second table below shows the top ten primary U.S. patent classes assigned to patents that cite Wikipedia. Unsurprisingly, the majority of the classes relate to information and communication technologies (ICT). However, four classes in the top ten, 514, 424, 435 and 463, cover technologies (pharmaceuticals and games) not directly related to ICT. In most cases, the percentage of patents in each class that cite Wikipedia exceeds the percentage of patents in that class. For example, Class 707 accounts for 7.67 percent of the patents that cite Wikipedia articles but only 2.16 percent of all patents issued in 2011.

USPTO Series Code 13

The USPTO is now using series code 13 for patent application serial numbers assigned from the end of 2010 forward. The first application in the series, 13/000,001, was published on May 26, 2011 (2011/0121738A1). Series code 12 was in use from December 2007 to early 2011.

2011 U.S. Patent Statistics

In 2011 the USPTO issued 225,777 patents and published 321,181 applications for a total of 568,577 patent documents, a 1.5 percent decrease from 2010. The USPTO has published approximately 2.9 million utility and plant patent applications since March 15, 2001. Published applications now account for about 30 percent of all U.S. patent documents.


On August 16, 2011, the USPTO issued patent 8,000,000 to Second Sight Medical Products for a visual prosthesis apparatus. Patent 7,000,000 was issued on Feb. 14, 2006. The time interval between "millionth" patents has decreased to 5.5 years.

Table 1. Quarterly Patent Document Counts*
2011 ..... Patents (B) ..... PGPubs (A) ..... Total (A + B)
Q1 ..... 62,132 ..... 78,828 ..... 140,613
Q2 ..... 58,915 ..... 83,279 ..... 142,194
Q3 ..... 62,365 ..... 77,221 ..... 139,586
Q4 ..... 64,331 ..... 81,853 ..... 146,184

Table 2. Patent Number Ranges, Jan. 1 through Dec. 31, 2011*

Utility patents ..... 7,861,317 - 8,087,093 (225,777)
Reissues ..... RE42,020 - RE43,052 (1,033)
PGPubs ..... 2011/0000001 - 2011/0321,207 (321,181)
Designs ..... D629,996 - D651,375 (21,380)
Plants ...... PP20,816 - PP22,427 (1,612)
SIRs ..... H2,251-H2,265 (15)

*Based on preliminary weekly data from the USPTO website. Number totals may change due to withdrawn patents and published applications.

USPTO Resdesigns Website

The USPTO has updated its homepage, the first major redesign in more than five years. The new design is modern and eye-catching. Unfortunately, the search interface of the USPTO patent database looks like it did in 1999. 

Strong Growth in Patent Applications Worldwide

Applications for patents and other forms of IP rebounded strongly in 2010, so says a new report from WIPO.
Inventors and companies filed 1.98 million patent applications worldwide in 2010, a new record. China and the U.S. accounted for about 80 percent of the growth. Canada experienced a slight decline of 5.1 percent; however, residents of Canada filed more than 80 percent of their patent applications in other countries.

PatentScope Adds Russian/Soviet Patents

PatentScope now includes records for Russian and Soviet patent documents from 1919 to 2010, about 1.4 million patent documents. Full-text is not include, but abstracts are available from 1960 forward.

Cooperative Patent Classification Project

The USPTO and EPO have launched a website for information about the Cooperative Patent Classification Project, which aims to create a shared patent classification system based on ECLA.

New Bio: Inventor Hedy Lamarr

Inventor/actress Hedy Lamarr is the subject of a new bio by Richard Rhodes:

Hedy's Folly: The Life and Breakthrough Inventions of Hedy Lamarr, the Most Beautiful Woman in the World. New York: Doubleday, 2011.

In 1942 Lamarr and composer George Antheil patented (US 2292387) a "secret communication system" designed to prevent enemies from jamming radio-controlled torpedoes. The invention was based on radio "frequency-hopping" and forms the basis of modern wireless communications systems. Lamarr's patent has been cited in 36 patents since 1976, including most recently in US 8031129, and in ~70 documents indexed in Google Scholar.

Ed Pauls, Inventor of the NordicTrack

Ed Pauls, inventor of the NordicTrack cross-country ski exerciser, died last month at the age of 80. He patented his ski machine in 1977 (US 4,023,795). Pauls was not the first inventor to conceive of an exercise machine that simulated skiing. However, his design was small and portable enough to be used in most homes.  

The success of the NordicTrack inspired numerous other designs. In 1980, just a few years after Pauls received his patent, the USPTO issued just 179 patents for exercise machines (Class 482). By the end of the 1990s the USPTO was issuing more than 350 patents for exercise machines per year. In 2010, the USPTO issued 736 patents for exercise devices. The top patent owners include Nautilus, Icon IP and Brunswick Corporation.

There are more than 17,000 patents classified in Class 482, 33 percent issued since 2000. The earliest patent in the class was issued on Sept. 9, 1825 to John Tustin of Philadelphia for a railroad turntable design. The first patent for a true "exercising machine", US 3,480, was issued on March 13, 1844 to Oliver Halsted of New York.

Statistical Country Profiles from WIPO

Statistical country profiles for more than one hundred countries are now available on the WIPO website. Each profile provides information on patents, utility models, trademarks and industrial designs from 1995 to the present. Patent applications by the top fields of technology are given.This is a very useful resource for librarians, researchers, and students looking for national IP statistics.

PatentScope Adds Kenyan Patents

The national patent collection of Kenya (KE) is now available in PatentScope. Bibliographic records for about 323 patent documents published from May 1996 to Jan. 2011 are included. Full-text documents are not available at this time.

USPTO Rebrands Library Network

The USPTO's national network of libraries that provide patent and trademark information to the public has a new name. The libraries formerly called Patent and Trademark Depository Libraries will know be known as Patent and Trademark Resource Centers. There are currently more than 80 PTRCs in 46 states and Puerto Rico.

Patentscope 1.0 Retires on Oct. 13

WIPO will phase out its PatentScope "Classic" search system on Oct. 13, 2011. All searches will be directed to the new PatentScope, which was introduced in 2009. WIPO launched the original PatentScope in 2003.

Australia and New Zealand Agree to Streamline Patent Applications

Australia and New Zealand have agreed to implement a streamlined patent application process that would allow inventors in both countries to file a single patent application by 2013 and request a single patent examination by 2014. Details about the Trans-Tasman Patents Plan were announced in July.

New Patent Library in Iowa

The Davenport Public Library is the newest member of the USPTO's library network and the first new site to be designated a Patent and Trademark Resource Center (PTRC). There are now 81 libraries in the network, which was formerly known as the Patent and Trademark Depository Library (PTDL) Program.

Reinventing the Paperclip

Office supply geeks around the world are abuzz over a new paperclip called the Acco Klix. The metal, jaw-type, multicolored clips are said to be an improvement over traditional wire and sheet-metal paperclips, although they are much more expensive (10 for $3.99).

Paperclips are classified in ECLA under B42F1, "Sheets temporarily attached together without perforating; Means therefor". The code for jaw-type clips is B42F1/00C.

Illinois-based Acco holds more than 400 U.S. patents for office supplies and equipment.

Steve Jobs's Patents

The NY Times has an interesting pictorial overview of 300+ patents credited to Steve Jobs.

US Patent 8,000,000

On Tuesday, August 16, the USPTO issued patent no. 8,000,000 to Second Sight Medical Products for a visual prosthesis apparatus. The provisional application was filed on Oct. 19, 2006. Second Sight's patent portfolio consists of about 90 U.S. patents and published applications, plus more than 250 worldwide.

US Patent Counts, Q2 2011

The USPTO issued fewer patents but published more applications in the second quarter of 2011. The number of patents declined by 5.1 percent to 58,920. The number of published applications increased by 6.1 percent to 83,279. The USPTO has issued more than 120,000 patents in the first six months of 2011, a slight increase over the same period last year.

Table 1. Quarterly Patent Document Counts*
2011 ..... Patents (B) ..... PGPubs (A) ..... Total (A + B)
Q1 ..... 62,132 ..... 78,481 ..... 140,613
Q1 ..... 58,920 ..... 83,279 ..... 142,199


*Based on preliminary weekly data from the USPTO website. Totals may change after the fact due to withdrawn patents and published applications.

Table 2. Number Ranges, Jan. 1 through June 30, 2011

Utility patents ..... 7,861,317 - 7,971,266 (109,316)
Reissues ..... RE42,020 - RE42,509 (488)
PGPubs ..... 2011/0000001 - 2011/0078,838 (78,481)
Designs ..... D629,996 - D640,855 (10,843)
Plants ...... PP20,816 - PP22,000 (397)
SIRs ..... H2,251-H2,258 (8)

Happy 175th, U.S. Patent No. 1

July 13, 2011 was the 175th anniversary of the granting of U.S. patent no. 1, issued to Senator John Ruggles of Thomaston, Maine. Senator Ruggles was chair of the Committee on Patents and the Patent Office and the chief framer of the 1836 Patent Act, which came into force on July 4. The Act abolished the old patent registration system that had been in force since 1793 and re-introduced an examination system based on novelty and non-obviousness. Senator Ruggle's invention was a wheel traction system for steam locomotives. It has been cited in several patents including US 6,725,751, issued in 2004 for a "rotary punching apparatus".

USPTO Public Training Portal @ NTIS

NTIS is now offering public access to USPTO training materials used to train patent examiners and trademark attorneys. The catalogue includes about 70 modules of varying lengths.

PAIR Enhancement: Display References

The USPTO has enhanced its PAIR system (Patent Application Information Retrieval) by adding a tab for cited references under which is listed all references cited by the examiner and application, including patents and NPL (non-patent literature) documents. Cited US and foreign patent documents may be downloaded but not NPL (for copyright reasons).

Frisbee False Marking Case

Interesting article in the WSJ about a false patent marking case involving Wham-O, maker of frisbees. The company is the latest defendant in a string of lawsuits against firms accused of marking their products with patent numbers that are long expired. The frisbee or "fying disc" was conceived by Walter F. Morrison in 1938. He patented the design in 1958, D183,626, and then sold the rights to Wham-O. There are over 200 patents classified in USPC 446/46, the main class for flying disc toys.

PatentScope Mobile

PatentScope now offers a mobile search interface. As far as I know, this is the first patent office database optimized for mobile devices.

Also read that WIPO is planning to add "the bulk" of patent data from the IP5 patent offices, e.g. EPO, USPTO, JPO, SIPO and KIPO, to PatentScope in 2011. The EPO data was added a couple of months ago.

This will be a great addition to an already excellent tool.

2011 Patent Update @ Chemistry Librarians' Workshop

A couple of weeks ago I gave a brief update on patent search tool developments at the Chemistry Librarians' Workshop at the University of Toronto. One of the topics I covered was the recent addition of Markush searching in SciFinder. I'm still trying to figure out how to promote this powerful tool to faculty and grad students, most of whom are not too keen on reading patent documents.

Beach Chair Breaks New Ground

The first rule of inventing might be: no matter how commonplace a device is, someone will always think of a way to improve it. Take, for example, award-winning industrial designer Larry Laske's new beach chair. It's basically a chair backrest molded in plastic with two spikes to anchor it in the sand. Laske filed a U.S. application in 2004 and was awarded a patent in 2007 (7178875B2). According to the patent, Laske's intent was to create a chair that is "lightweight, easy to carry and simple to use." You can buy them in blue, green, yellow and orange on Laske's website www.beachthingy.com. With the exception of the elimination of one of the handholds, the finished product is identical to the patent drawing.

The beach chair has been reinvented many times over. One of the earliest patents, which the patent examiner cited in his review, was issued in 1919 (1312774). 

ECLA Change Reports

The European Patent Office is now publishing a monthly report on changes to the European Classification system (ECLA). ECLA has about 140,000 sub-classes, making it on par with the US Patent Classification. Changes are grouped in three categories: Added, Deleted and Updated. The reports are available at http://www.epo.org/searching/essentials/classification/ecla/changes.html.

Common Patent Classification Project

Interesting story in IP Frontline about the development of a common classification scheme by the EPO and USPTO. The project is one of ten joint initiatives announced last year by the USPTO, EPO, JPO, KIPO and SIPO. (See the Five IP Offices website). Initial planning is well underway at the EPO and USPTO, but that most of the work will be done in 2012-13. According to the report, the USPTO will abolish its own classification system when the new common system is operational.

Plastics Archive at Syracuse Univ Library

Syracuse University Library's Plastics Collection is a great source of information on all things plastic from the late 1800s to the present. Many objects in the collection have patent references.

Patents for a Royal Wedding

Since an estimated 2 billion people will watch Prince William marry Kate Middleton tomorrow, I thought a royal wedding themed patent story was in order.

Flowers play a prominent role in weddings, so I searched for plant patents named for members of the royal family. Sure enough, in 1987, Thomas Watson of Wisconsin received three plant patents for varieties of Amelanchier, a shrub, which he named in honor of Prince Charles (PP6,039), Princess Diana (PP6,041) and Prince William (PP6,040).

Lowell Hoy of Indiana patented a new variety of rose named "Lady Diana" (PP5,360) in 1983.  

And in 1999, Robin Marks of Aylesbury, UK filed a plant patent application (2001/0100101) for a dahlia variety named Diana, Princess of Wales.


There are no plant patents named in honor of Kate Middleton, but I suspect that we'll be seeing some soon.

US Patent Counts, Q1 2011

In the first quarter of 2011 the USPTO issued 62,132 patents, an increase of 1.7 percent from the previous quarter and 11.9 percent from the same period last year. The number of published applications declined by 4 percent from the previous quarter and was essentially unchanged from a year ago.

The USPTO is fast approaching its 8 millionth utility patent, which is likely to be issued in the second half of the year, probably in August. Patent 7,000,000, for a new type of polysaccharide fiber, was issued five years ago on February 14, 2006 to Dupont.

Patent No. 6,000,000 was granted on December 7, 1999 to inventors Jeff Hawkins and Michael Albanese. Their invention was a system for synchronizing files on two computers, the core technology of the Palm Pilot PDA, the first commercially successful hand-held electronic organizer. Palm was purchased by H-P for about $1.2 billion in 2010.

This year marks the tenth anniversary of the first published patent application on March 15, 2001. Since that date the USPTO has published approximately 2,706,056 utility and plant patent applications. Published applications now account for about 30 percent of all U.S. patent documents.

Table 1. Quarterly Patent Document Counts*


2011 ..... Patents (B) ..... PGPubs (A) ..... Total (A + B)
Q1 ..... 62,132 ..... 78,481 ..... 140,613


*Based on preliminary weekly data from the USPTO website. Totals may change after the fact due to withdrawn patents and published applications.


Table 2. Number Ranges, Jan. 1 through Mar. 31, 2011


Utility patents ..... 7,861,317 - 7,917,966 (56,331)
Reissues ..... RE42,020 - RE42,264 (243)
PGPubs ..... 2011/0000001 - 2011/0078,838 (78,481)
Designs ..... D629,996 - D635,325 (5,326)
Plants ...... PP20,816 - PP21,833 (18)
SIRs ..... H2,251-H2,252 (2)

World Cities Ranked by Patent Productivity

Today's Globe and Mail published an interesting list of 24 cities ranked by the number of U.S. patents per 100,000 population. The top ranked Canadian city was Vancouver (11th), followed by Toronto (12th), Calgary (13th), Montreal (15th) and Halifax (20th). Seven of the top ten cities were in the U.S. There were some surprising omissions. Houston, for example, didn't make the list despite its high patent output. And San Diego and the Research Triangle area in North Carolina, home to many research universities and biotech companies, were also missing.

It's easy to dismiss such rankings as U.S.-centric because they're based only on USPTO data. But the fact is that many Canadian inventors and companies file applications first in the U.S. According to the USPTO's Fiscal Year 2010 annual report, Canadians filed 11,250 applications in 2009. In comparison, the CIPO received 5,215 patent applications from Canadian residents in 2009-2010.

It would be interesting to re-calculate this list based on PCT data from PatentScope. Cities with high filings of PCT patent applications per 100K pop. might indicate concentrations of companies with global rather than national or regional patent strategies.

FPO Adds Non-Patent Literature Collection

FreePatentsOnline (FPO) has added a full-text collection of non-patent literature to its suite of patent databases. Not much is stated about the collection, but according to the copyright notice that appears in each record it appears to be sourced from Gale Cengage Learning, a producer of full-text and bibliographic databases. The NPL collection can be searched alone or with the patent collections.

NPL records include bibliographic data, full-text and tables, but not images. Date coverage appears to start as far back as the early 1980s up through March 2011. In addition to full-text searching, it is possible to limit searches to specific fields such as author name (use IN), article title (use TTL) , and full text (use SPEC). Searching by patent classification is not possible as none of the articles appear to have USPC or IPC codes.

Earthquake-proof Buildings

The 8.9-magnitude earthquake that struck Japan on March 11 is a massive natural disaster and human tragedy, but it could have been much worse. News reports have credited Japan`s strict building codes with saving countless lives. Thanks to Japanese engineering, thousands of buildings and other structures survived the initial earthquake and numerous aftershocks. Japan`s leadership in earthquake resistant technologies is evident in the patent record. Japanese engineers and scientist have filed almost 70 percent of the patent applications related to protecting structures from earthquakes. 

The main IPC codes related to earthquake-resistant structures are: 

• E04H 9/02 - Buildings .. withstanding earthquakes or sinking of ground
• E02D 27/34 - Foundations for sinking or earthquake territories

In espacenet there are 15,180 patent documents classified in E04H 9/02, 71 percent (10,816) of these are JP documents. About 4,159 patent documents are classified in E02D 27/34, 60 percent (2,479) are JP documents.

Some of the leading patent assignees in this field are Japanese corporations, including Kajima, Oiles, Shimzu, and Nippon Steel.

PatentScope Adds EPO Collection

The EPO patent document backfile, which includes bibliographic data from 1978 through mid-2010 and full-text data from 1996 through mid-2010, is now available in PatentScope. With this addition, the WIPO's patent search system has 7.7 million patent documents from 21 regional and national patent offices.

Earlier this year PatentScope added the national patent collections of Colombia, Costa Rica, Guatemala, Panama, Peru and Uruguay. Search interfaces in Korea, Russian and Spanish have also been deployed.

One Classification to Rule Them All?

The USPTO and EPO have agreed to create a new Cooperative Patent Classification (CPC) based on the IPC. You can read the press releases here and here. The new system will be based largely on ECLA, the European version of the IPC, but incorporate the best practices of the U.S. Patent Classification system.

The IPC was created in the 1960s as a common classification system intended to replace the numerous national patent classification systems then in existence. The official treaty creating the IPC system, the Strasbourg Agreement, was signed in 1971. There are now 61 countries party to the agreement. Few national classification systems are still in use. The Canadian Patent Classification system was abandoned in the early 1990s.  

US Patent Counts, 2010

The USPTO issued 244,421 patents and published 333,210 applications in 2010, an all-time high of 577,631 patent documents. The number of patents issued in Q4 dropped to 61,037, a slight decrease from the previous quarter. The number of published applications also declined in Q4 to 81,787.

It has been ten years since the USPTO began publishing utility and plant patent applications. In that time, the USPTO has published about 2.6 million applications.

Table 1. Quarterly Patent Document Counts*
2010 ..... Patents (B) .....PGPubs (A)..... Total (A + B)
Q1 ..... 55,488 ..... 77,520 ..... 133,008
Q2 ..... 64,037 ..... 84,919 ..... 143,069
Q3 ..... 63,859 ..... 88,984 ..... 152,843
Q4 ..... 61,037 ..... 81,787 ..... 142,824

Q1-Q4 ..... 244,421 ..... 333,210 ..... 577,631

*Based on preliminary weekly data from the USPTO website. Totals may change after the fact due to withdrawn patents and published applications.

Table 2. Number Ranges, Jan. 1 through Dec. 31, 2010

Utility patents ..... 7,640,598 - 7,861,316
Reissues ..... RE41,067 - RE42,019
PGPubs ..... 2010/0000001 - 2010/0333245
Designs ..... D607,176 - D629,995
Plants ...... PP20,622 - PP21,603
SIRs ..... H2,234 - H2,250

Wikipedia References Increase 81 Percent in 2010

The number of US patents that cite Wikipedia increased again in 2010. Approximately 1,461 patents issued last year contain one or more references to Wikipedia articles, 81 percent more than in 2009. Although this is a tiny fraction of the total number of patents issued (roughly half a percent), it is still an impressive increase. In fact, because of variations in how Wikipedia articles are cited in patents (for example, in the specification rather than the list of references) the actual number may be higher. Wikipedia was first cited in a US patent in 2003. In 2006, the USPTO banned patent examiners from citing Wikipedia articles as prior art.

The top ten assignees shown in Table 1 hold nearly 23 percent of patents that cite Wikipedia. Technology firms dominate the list, which suggests that computer-related patents are more likely to cite Wikipedia than patents related to other technologies. Indeed, the top three assignees, Microsoft, IBM and Apple, account for almost 12 percent of the total. Three of the top ten, Intel, Infineon and Micron, are manufacturers of semiconductors and other computer hardware. Two of the top ten assignees, Boeing and JPMorgan, are not directly involved computer-related technologies. Only 5 percent of patents that cite Wikipedia are unassigned.

Table 2 shows the top ten primary patent classes assigned to patents that cite Wikipedia. The majority of the classes relate to information and communication technologies (ICT). Only two classes in the top ten, 514 and 424, cover technologies (drugs and pharmaceuticals) not related to ICT. As the data shows, the percentage of patents in each class that cite Wikipedia exceeds the percentage of all patents issued in 2010. For example, Class 707 accounts for 7.21% of patents that cite Wikipedia articles but only 2.18% of all patents issued in 2010. This is true for all classes with the exception of Class 370.
 

Gloves Off in Dispute Over Hockey Bag

Hockey fans will enjoy this story about two Canadian inventors suing a company for allegedly copying the design of their patented hockey equipment bag: Dropping the gloves over a hockey bag, Globe and Mail, Dec. 16, 2010.

The bag is patented in Canada (CA 2145612) and the US (US 5,797,612). The US patent has been cited by at least 25 patents.

USPTO to Remove Inventor's Mailing Address from Patent Docs

The USPTO will no longer include the inventor's mailing address on unassigned patents and published applications because of privacy concerns. However, correspondence information will continue to be available in Public PAIR. Patent documents will only display the city and state for US inventors or the city and country for non-US residents.

Privacy is a good thing. And with the number of cases of identity theft and fraud rising, the USPTO's practice was seriously out of date... The WIPO implemented a similar policy for PCT applications a couple of years ago.

Scam artists and patent promoters have been using inventor mailing address data for 150 years to ply their schemes. Many of these schemes involved sending a letter from a bogus company to an inventor expressing interest in licensing their patent. The letter would ask the inventor to send a small fee, usually $5, to the company to pay for a legal opinion on the validity of their patent. Of course, the inventor never heard back.

My favourite inventor scam dates from the 1890s. A clever con artist located in Paris would send inventors a letter announcing that they had been awarded a medal by a prestigious (but bogus) scientific or technical society. In order to collect their medal, all they had to do was send a small sum to cover postage...

However, it will make it more difficult to identify the ownership of published applications. Unlike most patent offices, the USPTO does not require applicants to declare an assignee on their applications. However, it was possible to make an educated guess about the ownership of a published application by looking for a corporate address in the correspondence field.
The order was published in the Nov. 23 OG and takes effect in three months.

AusPat beta Launched

IP Australia recently released a new version of its patent database, AusPat beta. The new version allows users to retrieve patent specifications from 1904 to the present. Approximately half of the 1.4 million AU patent specs have been loaded. The complete collection is expected to be available in March 2011. Pre-1980 documents appear to be searchable only by patent number. Not sure if or when other bibliographic data will be added. See AusPat beta users guide for search tips and other.

PatentScope Adds Patents of Brazil

PatentScope now includes the national patent collection of Brazil. Data coverage begins in 1972 for bibliographic data and 1989 for abstracts. The total number of records is about 147,000.

Patent Mystery: The Strange Case of 3,060,165

The recent discussion on the Intellogist blog about missing patent documents in the USPTO patent database reminded me of the curious case of patent no. 3,060,165. The full-text TIFF image of this patent was removed from the USPTO database sometime in 2003. The exact date of and reason for its disappearance are not readily available, but here is what is known:

Our story begins in 1962 when a team of scientists working for the U.S. Army received a patent for a method of producing ricin, a deadly poison made from ordinary castor beans. Why the military would want to patent such a thing is beyond me. Why they would allow it to be disclosed to the world in a patent document is equally mystifying. Maybe they wanted to strike a cross-licensing deal with the Soviets.

Ricin has been implicated in at least one political assassination, the 1978 murder in London of Bulgarian dissident Georgi Markov by communist agents, and, more recently, terrorist attacks in Washington, DC. In February 2004, a small amount of ricin was found in the mailroom of the Dirksen Senate Office Building. Luckily, no one was injured, but several buildings on Capitol Hill were closed for about a week. (New York Times, Feb. 4, 2004) But our patent had disappeared long before ricin was discovered in the Senate mail.

For forty years patent 3,060,165 resided in happy obscurity in the search files of the USPTO. It attracted little attention, being cited in only two other patents. Its debut on the web probably occurred in October 2000 when the USPTO completed loading all patent documents into the PatFT database. Things changed suddenly in February 2003 when television station WABC of NYC aired a sensationalist report that chided the USPTO for allowing the public to have access to a "recipe for a bio-terror weapon more deadly than cyanide". Apparently, this caught the attention of several prominent politicians from New York who started asking questions. The patent quietly vanished from the USPTO website.

Security experts were quick to debunk the idea that the patent was a threat to the public safety. (GlobalSecurity.org, July 24, 2004) In fact, its removal from the USPTO database was completely ineffective because copies remained available in other open patent databases such as Google Patents and the German Patent Office's Depatisnet system. In addition, dozens of libraries in the USPTO's patent depository library network probably have copies on microfilm.

The patent was never connected to the 2004 Capitol Hill incident, but it did surface later that year in a bizarre extortion case involving a Maryland man, Myron Tereshchukin. In March 2004, FBI agents raided Tereshchukin's home and found, among other dangerous substances, ingredients for making ricin and a copy of the notorious patent. The FBI had been investigating Tereshchukin for making threats against MicroPatent, a patent information company that is now owned by Thomson Reuters. (New York Times, Aug. 7, 2005) In Sept. 2005, Tereshchukin pled guilty to possession of a biological weapon and possession of explosives and was sentenced to seven years, plus three years probation. (FBI, WMD Cases)

I think it's about time for the USPTO to acknowledge that this patent is not a threat and make it available again for public inspection.

EPO and USPTO Agree to Develop New Patent Classification

Yesterday the EPO and USPTO announced that they have agreed to jointly develop a patent classification system based on ECLA and the IPC. The press releases are here and here.

Both offices have yet to work out governance and operational details of the project, so changes to the USPC are not imminent. Some initial ground work has already been done. Since 2002 the USPTO has been establishing e-subclasses that correspond to classifications used by the EPO and JPO.

Why has the USPTO held onto its classification system long after most offices have adopted the IPC? One reason often cited by supporters is that the USPC is far more detailed, allowing inventions to be classified in about 150,000 subclasses as opposed to about 80,000 subclasses in the IPC. ECLA, which is based on the IPC, has about 130,000 subclasses. Others praise the USPC's detailed subclass definitions that guide patent searchers through the USPC's non-intuitive, complex and arcane structure.

The new EPO-USPTO classification will combine the best of both systems. It will be interesting to see what will happen to the sections of the USPC for design patents (Classes D1-D34, D99) and plant patents (Class PLT).

Patent # 8,000,000 in 2011?

The USPTO is fast approaching another milestone... Patent number 8,000,000 might be less than a year away. The highest numbered utility patent (as of Oct. 19, 2010) is 7,818,816. At the current rate of about 60,000 patents per quarter, the USPTO could reach the 8 million mark as early as next August or September.

Patent 7,000,000 was issued on February 14, 2006 to American chemical company Dupont for a new type of polysaccharide fiber. Patent 7,500,000 was issued on March 3, 2009 to IBM.

How Complete is the USPTO Patent Database?

There was an interesting discussion last week on the Intellogist blog about the number of allegedly missing patent documents in the USPTO's PatFT database. Of course, this is an important question for anyone who uses the database, but especially for anyone who is doing legal or business research. (PatFT is by default the public patent database of record, although the USPTO does not make this claim.)

Determining the number of records that should be in the PatFT database is relatively easy. The USPTO assigns patent numbers in sequential order, as it has done since 1836. Let's take a closer look at utility patents issued from 1976 to the present. We know that the number of the first utility patent issued in 1976 is 3,930,271 and the highest patent number issued to date (as of Oct. 12, 2010) is 7,814,566. Subtract the latter from the former and add one and you get a total of 3,884,296. So the full-text collection in PatFT should contain 3,884,296 utility patent documents.

However, some of the numbers in the 3,930,271-7,814,566 range are unused because allowed applications (applications that are on the verge of being issued and have been assigned numbers) may be withdrawn from issue by the USPTO or the applicant. These numbers are withdrawn permanently and not reassigned to different applications. (The USPTO publishes lists of these withdrawn patent numbers each week in the Official Gazette.)

How many withdrawn patent numbers are there in our time frame? That's also easy to determine because the USPTO publishes an up-to-date list of withdrawn patent numbers. According to the list, there are 19,753 withdrawn patent numbers in the range 3,930,271-7,814,566. So we must subtract this number from the number above to get the total number of utility patents issued after Jan. 1, 1976 in the PatFT database.

"Potentially assigned patent numbers" - "withdrawn patent numbers" = "total issued patents"

3,884,296 - 19,753 = 3,864,543

We can check this number in PatFT by searching the "Application Type" field (APT) for patents coded "1" (utility patent applications).

apt/1 = 3,864,555

This search retrieves 3,864,555 hits, which is 12 *more* than the number we expected to see based on the calculation above. For a collection of almost 4 million documents, this is a very, very small discrepancy. I would expect similar results for other types of patent documents in the database, e.g. plants, designs, etc.

The reasonable conclusion is that there are no significant gaps in the USPTO's PatFT database, at least for the period after 1975. Of course, no database is perfect and there could be a few missing records in PatFT, but they are probably extremely rare.

U.S. Patent Counts, Q3

The USPTO issued 63,859 patents from July 1 through Sept. 30, a fraction less than the previous quarter but a large increase over last year's Q3 total of 47,042. Published applications set another record with nearly 90,000 released, a 17 precent increase over the same period in 2009. At this rate, the USPTO is on track to publish between 550,000-600,000 patent documents in 2010.

Table 1. Quarterly Patent Document Counts*

2010 ..... Patents (B) .....PGPubs (A)..... Total (A + B)
Q1 ..... 55,488 ..... 77,520 ..... 133,008
Q2 ..... 64,037 ..... 84,919 ..... 143,069
Q3 ..... 63,859 ..... 88,984 ..... 152,843
Q1-Q3 ..... 183,384 ..... 251,423 ..... 428,920

*Based on preliminary weekly data from the USPTO website. Totals may change after the fact due to withdrawn patents and published applications.

Table 2. Number Ranges, Jan. 1 through Sept. 30, 2010

Utility patents ..... 7,640,598 - 7,805,766
Reissues ..... RE41,067 - RE41,788
PGPubs ..... 2010/0000001 - 2010/0251450
Designs ..... D607,176 - D624,725
Plants ...... PP20,622 - PP21,353
SIRs ..... H2,234 - H2,249

New Database of IP Case Studies

The WIPO has launched a new database that contains profiles of intellectual property case studies from around the world. The collection of 100+ cases cover patents, trade marks and copyright and could be an excellent source of material for presentations and programs.

Changes to Class 386 - Classification Order 1900

The USPTO has changed the title of Class 386, Television Signal Processing for Dynamic Recording or Reproducing. The new title is Motion Video Signal Processing for Recording or Reproducing. These and other changes are detailed in Classification Order 1900, issued on Sept. 7, 2010. The order abolishes subclasses 1-131 and establishes subclasses 200-361.

Approximately 16,441 patents (91 percent issued after 1975) are classified in Class 386. There are more than 13,000 published applications classified in Class 386. The oldest patent in the class is No. 1,116,949, issued on November 10, 1914 to a Dr. Curt Stille of Berlin, Germany for a new method of transmitting photographs telegraphically. It's unknown if Stille's invention was a commercial success, but in the years after he received a number of patents related to the transmission and recording of sound. In the 1920s, Stille entered into a partnership with the Marconi Wireless Telegraphic Co. to produce and market a tape recording machine called the Marconi-Stille.

The top patent owners in Class 386 include Sony, Toshiba, Matsushita, Canon, Samsung, Hitachi, LG and Thomson Licensing.

Happy Birthday, Etch A Sketch!

Etch A Sketch, the iconic drawing toy of the 1960s and 1970s, is celebrating its 60th birthday this year. It was invented in the mid 1950s by Andre Cassagnes, an electrician in France. Lacking funds to patent his invention, Mr Cassagnes sought help from an investor named Paul Chaze. Chaze agreed to pay the patent application fees and act as Cassagnes' agent. He eventually persuaded the Ohio Art Company to license the toy, which it launched during the 1960 holiday season.

Curiously, when Chaze sent his business partner Arthur Grandjean to apply for a patent, somehow Grandjean's name ended up on the application as the inventor. Grandjean applied for a French patent in May 1959, which was followed two months later by a U.S. application. The U.S. patent, 3,055,113, issued on May 31, 1962. Other patents followed in Canada, Great Britain, Germany, Holland, Belgium, and Luxembourg.

Although Etch A Sketch became a hugely popular toy the patent makes only a minor reference to its amusement applications. In fact, the title of the patent is "Tracing Device". The patent is classified under Class 33, geometrical instruments.

The Ohio Art Company continued to develop the Etch A Sketch in response to changing tastes and technology. In 1988, it received a patent, 4,764,763, for an electronic version of the toy marketed as the Etch A Sketch Animator 2000. It was not a success. The original design is as popular as ever and is sold in classic, mini, pocket and travel sizes.

Patent Models Index

The Smithsonian has published new guide and index to patent models owned by the National Museum of American History. The two volume work is available for free online and can also be purchased in hard copy from the Smithsonian Institution Press. Volume 1 provides listings by patent number and title of the invention. Volume 2 contains listings by inventor name and residence. A great resource for fans and collectors of 19th century patent models.

U.S. Patent Counts, Q2 2010

There was a huge jump in the number of issued U.S. patents in Q2. The USPTO issued 64,037 patents from April through June, 15.4 percent more than in Q1 and 31.7 percent more than the same period in 2009. The number of published applications also increased 9.5 percent, reversing a downward trend first noted in Q4 2009. If this output continues through the rest of the year the USPTO will publish a record-breaking 550,000 documents.

Table 1. Quarterly Patent Counts*

2010 ..... Patents (B) .....PGPubs (A)..... Total (A + B)
Q1 ..... 55,488 ..... 77,520 ..... 133,008
Q2 ..... 64,037 ..... 84,919 ..... 143,069

*Based on preliminary weekly data from the USPTO website. Totals may change after the fact due to withdrawn patents and published applications.

Table 2. Number Ranges for 2010, Jan. 1 - June 30

Utility patents ..... 7,640,598 - 7,748,052
Reissues ..... RE41,067 - RE41,411
PGPubs ..... 2010/0000001 - 2010/0162457
Designs ..... D607,176 - D618,875
Plants ...... PP20,622 - PP21,134
SIRs ..... H2,234 - H2,242

What's Your Poison?

Actor Dan Ackroyd's latest venture into the wine/spirits market has run afoul of Ontario bureaucrats. The Liquor Control Board of Ontario (LCBO) has refused to sell Ackroyd's Crystal Head brand vodka at its retail stores because it comes in a skull-shaped bottle.

The beer, wine and spirits industry is highly competitive, so many companies try to obtain maximum IP protection for their products. This includes protecting the shape or design of containers. Akroyd's company has filed US trademark applications (see 77967530) for the shape of the container and has also successfully applied for design patent protection: US D589,360 S was issued on March 31, 2009.

The skull motiff has been the subject of several US design patents, and has its very own classification in the USPC, D9/626. The earliest patent in this subclass was issued in 1890 (D20,135) for the design of a bottle shaped like a casket with the word "poison" and a skull emblazoned on the front. In fact, many of the early patents in this subclass are for bottles for poison. Images associated with death or the supernatural are a little more hip today, and recently issued patents are clearly for consumer products.

New ECLA Codes for Green Technologies

The European Patent Office has created a new classification scheme for green technologies and applications related to the mitigation of climate change. The new category, identified as Y02 in the ECLA classification, has two main subclasses:

* Y02C - CAPTURE, STORAGE, SEQUESTRATION OR DISPOSAL OF GREENHOUSE
GASES [GHG]
* Y02E - REDUCTION OF GREENHOUSE GASES [GHG] EMISSION, RELATED TO
ENERGY GENERATION, TRANSMISSION OR DISTRIBUTION [N1006]

Each subclass is further subdivided into dozens of sub-groups. There are about 17,000 patents classified in Y02 but more will appear in the coming weeks.

Google Hosts Bulk USPTO Patent Data

The USPTO and Google have entered a two-year agreement to allow Google to provide bulk patent and trademark data to the public, according to a USPTO press release dated June 2.

The agreement requires Google to host the data at no charge and without modification. It appears that the data is being offered in weekly segments, at least for the last ten years or so. Older data (pre-1996) is offered in yearly files.

This is a great day for public access to patent information, especially for people who want to mine patent data or build large patent databases. I'm not sure how useful it will be for average users who might want to download a much smaller, targeted set of data.

US Assignment Data in INPADOC

The EPO recently announced that US assignment data will be updated weekly instead of bimonthly in the INPADOC legal status database, which also means that it will be available via esp@cenet.

The data will be captured from the USPTO's assignment database one week after it is posted.

This is a much appreciated improvement. It will save searchers a lot of time switching back and forth between esp@cenet/INPADOC and the USPTO database.

Canadian Inventor/Designer Robert Dickie

The Globe and Mail's business magazine has an interesting profile of Canadian inventor and industrial designer Robert G. Dickie. ("The Business of Brainstorms", April 29) Dickie's firm, Spark Innovations, is responsible for designing dozens of products ranging from electric toothbrushes to medical devices. He has 51 Canadian patents and published applications, 84 US patents and 62 published applications, and has filed dozens more around the world. He also has some unconventional ideas on what makes a successful invention and inventor.

10th World IP Day and New Logo for WIPO

Today is the 10th anniversary of World Intellectual Property Day and the 40th anniversary of the WIPO.

In celebration, WIPO has adopted a new logo. It's the first time the logo has been changed since the organization was established in 1970.

Although some people will probably complain that the new logo is too "corporate", I think it's a definite improvement over the old one, which was cluttered... And what was the deal with the big star anyway? It always reminded me of a Soviet military medal.

Green Tech Program

Scientific American reports that the USPTO has approved only one third of the requests filed under its new "Green Tech" examination pilot program.

Wikipedia Not an Authoritative Source, Judges Tell Govt. Officials

Several Canadian judges have criticized immigration officials for citing Wikipedia articles in decisions to deport or deny entrance to foreigners. (Judges rap Wiki-evidence... Globe and Mail, Apr. 21) This is the most recent case of government agents using the online collaborative encyclopedia as an authoritative source.

In 2006 the USPTO ordered patent examiners not to use Wikipedia as a source of prior art information, but the number of patents that cite Wikipedia has continued to increase. (Many references are provided by applicants.) In the first four months of 2010, 348 issued patents contained references to wikipedia articles, a 27 percent increase over the same period last year.

Chinese Patent Number System

According to a note on the EPO's Asian Patent Helpdesk, the Chinese patent office has adopted a new numbering scheme for published applications and issued patents. Prior to April 2010, applications and patents were published with different numbers. The new system uses the same number for both stages with the appropriate document kind code, e.g. A, A8 and A9 for published applications and B, B8 and B9 for granted patents.

Reporting Data Errors in Patent Databases

Kudos to esp@cenet for providing an easy and convenient way for users to report data errors. Each record includes a link to an error reporting form; all you have to do is click and fill in a few lines. This week I reported my first error (an incorrect application number and date) and within two days the record was updated.

Why don't more patent offices do this? Patent databases are teeming with errors. You'd think they would take advantage of the tens of thousands of users who use their databases every day.

The USPTO provides an e-mail for reporting data errors but it's located on a page outside the database, which means that you have to stop your search, open up a new window, find the page and then compose an e-mail. Very cumbersome.

I wasn't able to find any way to report an error in the WIPO's PatentScope. The CIPO's Canadian Patent Database includes the e-mail and telephone number for the Client Service Centre in each record, but it doesn't make it clear that you can or should report errors.

New University Patents Database

FreePatentsOnline has partnered with Technology Transfer Tactics, a website for university tech transfer professionals, to provide a resource for searching university-owned patents.

Data for about 150 universities (mostly American) is available. Clicking on a name of a university will retrieve a list of US patents and published applications assigned to that university.

The number retrieved may be different from what you retrieve in a manual search. For example, the link for Johns Hopkins University retrieved 1,766 documents, but I was able to retrieve 1,950 documents in FPO using the search query an/"johns hopkins". The same search in the USPTO databases retrieved 1,852 documents. It's not clear why this is so, but it may be because the data in the university patent search is not in sync with the live FPO database.

Boliven Acquired by CambridgeIP

Members of the Boliven Network were notified today via e-mail that the service has been acquired by CambridgeIP, a UK-based intellectual property research and strategy consulting firm. Details about the deal will be forthcoming.

Ghost of Patents Past

Have you ever noticed old patent numbers printed on new products? I own a pie dough blender that I bought new about 15 years ago. Etched on its blade are three US patent numbers, 1486255, 1645052 and 1724356.

A quick check in a patent database reveals that these were issued in 1924, 1927 and 1929, respectively. All three would have expired between 1941-1946, so what are the doing on a product manufactured almost fifty years later? As it turns out, marking products with expired or fake patent numbers is common.

Under U.S. law (35 U.S.C. 292) such false marking can result in a fine of up to $500. Historically, courts have limited damages in such cases to $500 per offense. This may change due to a recent ruling by the Court of Appeals for the Federal Circuit in the case of Forest Group, Inc. v Bon Tool Company. The CAFC ruling, if it stands, would apply the penalty to each falsely marked item, which could quickly add up to a significant sum. What's even more interesting is that the statute allows any person to bring suit and, if successful, receive 50 percent of the penalty.

So my little $2 dough blender might be worth a couple hundred dollars. Hmmm... In fact, there might be a small fortune of falsely marked gadgets in my kitchen. Certainly enough to pay for a new HDTV.

Retrospective Kind Codes in Espacenet

The other day a colleague asked me why an "A" appeared at the end of older US patent numbers in espacenet records.




I immediately answered that it's a document kind code: "A" is used for the first publication, "B" for the second and "C" for the third. However, something was odd about their presence in espacenet. The USPTO only started applying kind codes to patent documents in 2001, so why did they appear in older patents? Apparently, espacenet is retrospectively applying them to patent numbers.

This might be confusing to some searchers because the "A" kind code is generally associated with published applications, not issued patents, which are usually marked "B" or "C". However, some countries only recently started publishing applications. For example, the US in 2001 and Canada in 1990. In these cases, the issued patent was the first publication, hence the "A". From Jan. 1, 2001 forward, US patents are marked "B". Canadian patents were marked "A" prior to Oct. 1, 1989 and "C" afterward.

US Patent Counts, Q1 2010

The USPTO issued 55,488 patents in Q1, 11.3 percent more than the previous quarter and a 12 percent increase over the same period last year. In fact, this was the largest quarterly total in five years. The number of published applications was 77,520, a decline of 12.3 percent from the previous quarter. The global recession has had a negative impact on patent filings worldwide, with most patent offices reporting a decline in new applications over the past year. Since patent applications are published 18 months after filing, the number of published applications may continue to drop throughout 2010.

Table 1. Quarterly Patent Counts*

2010 ..... Patents (B) .....PGPubs (A)..... Total (A + B)
Q1 ..... 55,488 ..... 77,520 ..... 133,008
Q2
Q3
Q4

*Based on preliminary weekly data from the USPTO website. Totals may change after the fact due to withdrawn patents and published applications.

Table 2. Number Ranges for 2010, Jan. 1 - Mar. 30

Utility patents ..... 7,640,598 - 7,690,047
Reissues ..... RE41,067 - RE41,187
PGPubs ..... 2010/0000001 - 2010/0077525
Designs ..... D607,176 - D613,025
Plants ...... PP20,622 - PP20,912
SIRs ..... H2,234

Fostering Canadian Innovation

Today's Globe and Mail has another op-ed piece arguing that Canada needs to do better at promoting innovation and investing in R&D. ("Innovation is Our Hidden Deficit") It's probably true that Canada could do more at home to support innovation and the commercialization of new products. But the picture improves when you look at Canada's performance on the world stage.

For example, Canadian inventors and companies file more patent applications in the U.S. than they do in Canada. In 2007-2008, Canadian inventors filed 11,436 new patent applications with the USPTO but only 5,086 with the CIPO. This is not surprising given that most Canadian companies are eager to protect their IP in the US market. A strong portfolio of US patents will foster new partnerships, investments and business opportunities.

Hidden Gems in the USPC: Cross-References & Digests

I'm not a huge fan of the U.S. Patent Classification System. It's not intuitive and its documentation can be intimidating. The structure of the USPC is a mish-mash of historical practices and applied theories. Although it's frequently described as a hierarchical system, it's actually flat, like a train. The numbering and arrangement of the classes (railway cars) has no relationship to their contents. For example, patents relating to Fences, Active Solid-State Devices and Railway Mail Delivery are classified in Classes 256, 257 and 258, respectively. When the number of documents in a class becomes to large, the USPTO simply moves the overflow to another class, not necessarily next to the original. For example, Class 128: Surgery is continued in Classes 604, 606 and 607. All four classes are treated as one mega-class.

As much as I dislike the USPC, it has some useful features (hidden gems) that are worth mentioning. For example, the special classifications called cross-reference art collections (CRACs) and digests. Digests and CRACs differ slightly in scope, but their functions are similar: to identify specific subject matter that doesn't quite fit into an existing USPC subclass. CRACs and digests are located at the end of the class schedule; numbers 900-999 are reserved for CRACs, while digests are identified by the prefix DIG. For example, in Class 2: Apparel, subclass 901 is used for articles of clothing with antibacterial, antitoxin or clean room properties. In the same class, DIG10 is reserved for inflatable hats. Neither code can be assigned as the primary classification.

These supplemental classifications are extremely useful for searching concepts that are not provided for in the regular classification system, e.g. drugs for the treatment of specific types of diseases, chemical technology for decreasing pollution, etc.