Greatest Canadian Invention: Insulin

Last week the CBC aired the results of its "Greatest Canadian Invention" poll. The top three picks were:

1. Insulin (1921) - Banting and Best
2. Light bulb (1874) - Woodward and Evans
3. Telephone (1876) - Bell

Americans might be surprised to see the light bulb and telephone, two quintessentially "American" inventions, topping a list of Canadian innovations. But both have connections to Canada.

Alexander Graham Bell, inventor of the telephone, was born in Scotland and moved to Canada in 1870 at the age of 23. In 1872 he moved to Boston to take a teaching job and pursue his interest in telephony. He became a naturalized U.S. citizen in 1882 but spent most of his later life at his estate in Nova Scotia. He died and was buried there in 1922. In 1874 Thomas Edison bought the patent rights for a carbon filament light bulb from two Canadians, Henry Woodward and Mathew Evans, for $5000. His famous 1879 patent was an improvement on their design. The number 1 invention, insulin, was first isolated and produced in 1921 by Univ. of Toronto researchers Charles Best and Frederick Banting.

See http://www.cbc.ca/inventions/ for details about all 50 inventions in the poll, a teacher's resource guide and numerous facts about inventing and patenting.

Some other quick facts about Canadian patents:

• The first "Canadian" patent was granted in 1791 by the Legislature of Lower Canada to American inventor Samuel Hopkins.
• Canada's first federal patent statute was enacted in 1869. Canada's first federal patent was issued on August 18, 1869.
• Canadian inventors file more patent applications abroad (primarily in the U.S.) than at home. In 2005, Canadian inventors filed 5,102 patent applications in Canada and 8,309 applications in the U.S. They received 1,461 Canadian patents and 3,368 U.S. patents.

New Patent Caselaw Site

The guys over at phosita(R), an IP law blog, have just announced the release of fedcirc.us. According to their Jan. 2 posting, FedCirc is...

..."a website that allows patent professionals and other patent stakeholders to access, digest and manage patent caselaw information. The site is built on a foundation of timely, accurate, and considered reviews of patent decisions from the Supreme Court of the United States and the Court of Appeals for the Federal Circuit."

Why did they do it?

"Three factors are coming together - now - to create an environment that begs for revolution: chaos in the law, an intense and sudden focus on patent law by non-patent professionals, and a technology tipping point that's been exposed by the runaway success of patent blogs over the last several years."

http://www.okpatents.com/phosita/archives/2007/01/a_little_something_new_fedcircus.html

U.S. Patent and PGPub Q4 Report and 2006 Review

2006 was a record-breaking year for patents and pre-grant publications. In the final quarter of 2006 the USPTO published 76,032 applications, an increase of 1.49 percent over the previous quarter and a new record high. The total for the calendar year was 294,674, an increase of just 1.75 percent over 2005 but the highest annual total since the USPTO began publishing pending applications in 2001. Approximately 1.3 million applications have been published to date. Despite a slow start, 2006 was also a banner year for patents. The total for the year was 196,613, a whopping increase of 24.58 percent over 2005. The previous highest total (187,147) was set in 2003. The increase was due to very high outputs in Q2 and Q3. There was some slippage in Q4 with the USPTO issuing 46,912 patents, a decrease of 6.64 percent from the previous quarter. With the pending application backfile now over 1 million, the USPTO is expanding its workforce in order to deal with the increasing workload. According to the USPTO's FY2006 annual report, the agency hired approximately 1,218 new patent examiners this year, bringing the total to 4,779. Current plans call for the USPTO to hire 1,200 examiners per year through 2011. 2006

Quarterly Patent and PGPub Counts*

Patents PGPubs Totals
Q1 44,699 70,147 114,846
Q2 54,749 73,593 128,342
Q3 50,253 74,902 125,155
Q4 46,912 76,032 122,944
196,613 294,674 491,287

*Based on weekly data from the USPTO's PatFT and AppFT databases. Weekly totals may change after the fact due to withdrawn patents and published applications.

Average Weekly Totals for 2006

Patents 3,811
PGPubs 5,674

Number Ranges for 2006

Patents 6,981,282 - 7,155,745
Reissues RE38,928 - RE39,451
PGPubs 2006/0000001 - 2006/0294,631
Designs D513,356 - D534,0330
Plants PP16,176 - PP17,325
SIRs H2,137 - H2,176

Predictions for 2007

Series Code 12
Given the huge number of new applications in 2005 (410,000) and 2006 (443,000), it is likely that the USPTO will introduce series code 12 sometime in 2007. Series codes are two-digit numbers prefixed to application serial numbers. The USPTO assigns application serial numbers from 1-999,999. Series code 11 was introduced in December 2004.

WIPO PCT Glossary and History of PCT Regulations

The WIPO has released two new reference works for PCT users:

The PCT Glossary contains definitions for dozens of terms commonly used in PCT rules and documentation. Terms are linked to appropriate PCT articles, rules, administrative instructions and forms.

The History of PCT Regulations is a 300 page in-depth history of PCT rules from June 19, 1970-October 12, 2006. The first edition was published in 1995.

USPTO Receives 443,652 Patent Applications in 2006

Here are some interesting facts from the FY 2006 USPTO annual report:

# of new applications: 443,652 (up from 409,532 in FY05)
# of pending applications: 1,077,042 (up from 885,002 in FY05)
# of provisional applications: 121,307 (up from 111,753 in FY05)
# of issued patents: 183,187 (up from 165,483 in FY05)
Average pendency: 31.1 months (up from 29.1 in FY05)

Although the USPTO is hiring patent examiners like crazy (1,218 in 2006) , it can't possibly train them fast enough to keep up with new filings *and* maintain quality *and* shorten review times. The number of published applications is going to continue to surpass issued patents 1.5-2.0 to 1. There will probably be more than 295,000 published applications in calendar year 2006 and perhaps 325,000 in 2007.

The bottom line: more outsourcing and fast-track examination programs.

Patent Information News 3/2006

The October 2006 issue of Patent Information News is now available.

This issue contains articles on:

• Worldwide database moves to XML
• EPO patent information conference, Nov. 6-8
• esp@cenet user statistics
• Open Patent Services: new features
• Legal status from New Zealand
• Data from Iceland
• Patent mapping--a aid to corporate decision-making?

WIPO Student Workbook to Inventions and Patents - Now in French and Spanish

The educational workbook Inventions and Patents is now available in English, Spanish and French. The workbook is geared toward students 8-13 years old. The workbook is the first in the WIPO student learning series, Learn from the Past, Create the Future.

WIPO Report on Worldwide Patent Activity

The World Intellectual Property Organisation has published its annual report on Statistics of Worldwide Patent Activity. (Data current to 2004.)

According to the report, the number of patent applications file in 2004 rose to 1,559,000. More than 600,000 patents were granted worldwide in 2004. Other sections of the report cover filings by residents and non-residents, indicators of patent activity (filings per million population, per GDP, etc.), issued patents and patents in force.

Inventor Cuts Against the Grain

Independent inventors often underestimate the hurdles they must overcome in order to get their invention to market. Most don't even consider the government regulations and industry standards that could derail their attempts.

Take the case of Stephen Gass reported in the Oct. 10 Washington Post. Mr. Gass invented a device that he claims prevents power saws from inflicting severe injuries by stopping a rotating blade in fractions of a second. Sounds like a no brainer, right? But the power tool industry balked at licensing his invention. It even failed to win the endorsement of independent Underwriters Labs. Most inventors might give up in the face of such resistance, but Mr. Gass is no ordinary inventor... he's also a patent attorney.

A great case study to share with both experienced and first-time inventors.

U.S. Patent Counts, Jan. 1-Sept. 30, 2006

The USPTO issued a record-breaking 54,749 patents from April-June and an impressive 50,253 patents in the Q3 from July-September, the first and second highest totals since early 2002. The increase is surprising given the sharp drop in patents in late 2005--only 33,637 patents were issued in Q4--and the agency's ongoing efforts to hire and train hundreds of new examiners, a process that is bound to negatively impact productivity. The USPTO hired 940 new examiners last year and will hire 1,000 more per year through 2012. If the pace continues in Q4, the USPTO could be on track to issue more than 200,000 patents in 2006, a 26 percent increase over 2005. Since 2001, the number of patents issued per year has declined in three out of four years. More than 400,000 new applications were filed in fiscal year 2005.

Table 1. Issued Patents, 2001-2006

2001 184,172 -
2002 177,485 -3.63%
2003 187,147 5.44%
2004 181,443 -3.05%
2005 157,819 -13.02%
YTD 149,701

Published applications in 3Q totaled 74,902, breaking the previous record of 74,255 set in Q4 of 2004. However, the rate of growth has slowed considerably this year; it is likely that the number of published applications will fall between 290,000 and 293,000 in 2006, an increase of 0.4-1.4% over 2005.

Table 2. Published Applications, 2001-2006

2001 56,404 -
2002 199,006 252.82%
2003 237,089 19.14%
2004 268,399 13.21%
2005 289,614 7.90%
YTD 218,642

End of the USPTO's Document Disclosure Program?

Earlier this year the USPTO requested comments from the public on the proposed elimination of the Document Disclosure Program (DDP). The USPTO established the DDP in 1969 as a simple, low-cost way for inventors to document the date of conception of an invention as an alternative to the discredited practice of using a self-addressed envelope. (U.S. courts have never recognized a postmark as sufficient evidence of conception.)

This is the USPTO's second attempt to end the DDP. The previous attempt in 1998, although it received a number of favorable responses, was abandoned due to the lack of input from the independent inventor community. Opinions vary on the merits of the DDP. Some claim that it is open to abuse by unscrupulous Invention Promotion Companies (IPCs) and misuse by novice inventors. Others argue that is a safe and affordable way for first-time inventors to get their "feet wet" in the world of patents.

The most recent proposal, which was published in April in the Federal Register and in May in the Official Gazette of the USPTO, generated about two dozen comments from individuals and organizations. The comments were generally split 50/50 in favor of eliminating the DDP; most were anecdotal and many acknowledged the lack of hard evidence to justify either course of action. (The lack of responses raises another question: where are all the independent inventors anyway? Could it be that young inventors aren't interested in the DDP? See the Sept. 9, 1999 issue of the New York Times for an article titled "Internet Connects Inventors to Information (and One Another).")

One of the most interesting responses was submitted by the United Inventors Association (UIA), an educational not-for-profit organization based in Rochester, New York whose mission is "to provide leadership, support and services to inventor support groups." The UIA letter, written by president Don Kelly, suggested that the USPTO had already decided to end the DDP and offered a counter-proposal: the "UIA is fully prepared to take on the management of the DDP." Will the USPTO accept the UIA's proposal and allow a private organization to manage the DDP, a program whose real value may be as a public relations tool?

Canadian Libraries Sparked an Inventor's Home Run

OCLC Canada has a new media campaign that links economic growth to libraries. The campaign features testimonials from individuals who have been helped by a librarian. One patent-related story comes from Sam Holman, owner of the Ottawa-based Original Maple Bat Company. According to the story, Mr. Holman "researched 225 related patents at multiple libraries in Ottawa, and realized that maple bats would be stronger and more durable than traditional ash."

Mr. Holman's patents include: CA2344077, US6334823, US6050910; he has several more pending applications in Japan and Austrialia. Aspiring inventors may search Canadian patents and published applications from 1869 to the present at the Canadian Intellectual Property Office's patent database and the European Patent Office's esp@cenet database.

Patent Bending Week 5

Tom Stewart and Russel Zeid, hosts of Patent Bending on Discovery Channel Canada, and Rick Minke, their master building/industrial designer, take a look at 19th century personal safety technology in this week's episode. The subject is a U.S. patent from 1879 called "Improvement in Fire Escapes" invented by Benjamin B. Oppenheimer. (US 221,855) The invention combines a head-mounted parachute and thick rubber soled shoes that is supposed to allow a human to safely escape a burning building. (This patent frequently appears on lists of wacky patents.)

With the aid of a crash test dummy named "Sandy", the team quickly discovers that the original design is more hazardous than helpful. (Damn those laws of physics!) Quickly they regroup and scale-down the device to accomodate pets such as cats and gerbils. Their improved design works, much to the relief of pet owners everywhere. (No animals were harmed in the making of this episode.)

Patent Bending and the Greatest Canadian Inventor

Last month I reported that Discovery Channel Canada was launching a new series called Patent Bending: Mad Ideas - Modern Science. The hosts of the show, inventor Tom Stewart and science guy Russell Zeid, find wacky patents and attempt to build working models based on the designs.

The first three episodes were mixed. The floating campsite was more camp than science. I kept hoping in vain that a bear would hijack the sorry rig. the bicycle lawnmower and 12-gauge golf club were very entertaining.

Unfortunately, there is virtually no discussion of the actual patents during the show. No one explains what a patent is, how the guys found the featured patents or shows the patent drawing. The web site also provides scant information on the original patents. For the bicycle lawnmower all it reveals is that the inspirational patent issued in 1984. (U.S. 4,455,816)

Perhaps we can hope for more from the CBC's "Greatest Canadian Invention" competition. The CBC is inviting viewers to vote for the best Canadian invention of all time. The fifty innovations include insulin, the Blackberry and lacrosse. The winner will be announced during a special show hosted by Bob McDonald on January 3, 2007.

USPTO Bans Wikipedia

According to the Sept. 4 issue of Business Week, the USPTO has recently banned Wikipedia as an acceptable source of information for determining the patentability of inventions. Patent examiners and applicants have been citing Wikipedia articles in patents since at least November 2003... and not very many of them at that. A quick search of the USPTO's patent database reveals that from January 2004 to the present only 74 patents cite Wikipedia articles. Compare that to 33,802 references to IEEE (Institute of Electrical and Electronics Engineers) publications. Other science and engineering publishers heavily favored by patent examiners and applicants include:

Association of Computing Machinery = 6,010
Elsevier = 4,493
Springer Verlag = 2,319
McGraw-Hill = 2,728
Chemical Abstracts Service = 2,274
Oxford Univ Press = 781
Society of Automotive Engineers = 968
American Society of Mechanical Engineers = 850
Society of Petroleum Engineers =706
Cambridge Univ Press = 639
Wiley Interscience = 545
MIT Press = 403
ASTM = 498
American Institute of Chemical Engineers = 207

Wikipedia did beat its arch rival Encyclopedia Britannica, which was cited in only 47 patents in the same time period.

Patent examiners and patent attorneys are highly trained (many have Masters or PhDs) and experienced professionals. The above stats show that most do know the difference between an authoritative source and a marginal or unreliable one. It may be that Wikipedia is the most appropriate source for some types of information. It's another form of “gray” literature that is well-suited to emerging or interdisciplinary fields that don’t have established vocabularies or literature. Besides, critics of the USPTO have long complained that patent examiners allow too many patents, especially in the fields of computer technology and business methods, that should have been refused on the basis of prior art found outside the realm of traditional publishing, such as open source software archives.

The USPTO’s own rules state that “[a]n electronic publication, including an on-line database or Internet publication,” may be valid reference if it is accessible to the public. Wikipedia certainly fits both criteria. What about CNET, Gizmodo, Slashdot and other popular tech sites where people discuss gadgets, share hacks and speculate on the future of technology?

Discovery Channel Canada Investigates Odd Patents

Have you ever looked at a wacky patent and wondered if it really could work?

Discovery Channel Canada aims to find out in a new series premiering in August called "Patent Bending: Mad Ideas and Modern Science." The 11-episode series looks at patents from the past 100 years to find and build the "greatest, strangest or most fantastically odd ideas that never got off the page."

The inventions include:

Bicycle Lawnmower - Tues, Aug. 22 at 8:30 p.m.
Floating Tent - Tues., Aug. 29 at 8:30 p.m.
12-Gauge Golf Club - Tues., Sept. 5 at 8:30 p.m.
Helmet Bar - Tues., Sept. 12 at 8:30 p.m.
Chute ‘N Shoes - Tues., Sept. 19 at 8:30 p.m.
Human Carwash - Tues., Sept. 26 at 8:30 p.m.
The Mancatcher - Tues., Oct. 3 at 8:30 p.m.
Motorized Picnic Table - Tues., Oct. 10 at 8:30 p.m.
The Baby Show - Tues., Oct. 17 at 8:30 p.m.
The Better Mousetrap - Tues., Oct. 24 at 8:30 p.m.
Uphill Skis - Tues., Oct. 31 at 8:30 p.m.

Pitfalls of Ignoring Patent Literature

I'm always on the lookout for examples I can share with researchers, especially postdocs and grad students,
that illustrate the pitfalls of ignoring patent literature.

Here's a recent report about two polymer researchers at the Univ. of Mass. Amherst who took their
colleagues to task for ignoring older scientific research, especially patent literature, in an article published
in Langmuir. Their study used a water-repellent (hydrophobic) silicone patented in 1945 to prove that
hydrophobicity was well-known in the 1940s but apparently forgotten by today's researchers.
Here's the citation:

Lichao, G. and McCarthy T. "Artificial lotus leaf" prepared using a 1945
patent and a commercial textile." Langmuir, 2006, 22, 5998-6000

Patent Lens Adds RSS Feeds

Patent Lens, a free international patent database maintained by CAMBIA, a non-profit research institute located in Caberra, Australia, now has RSS capability. Once saved in an RSS news reader such as Bloglines, searches conducted in Patent Lens will be periodically checked for new patents and will alert you of new "hits".

Patent Lens contains 4.3 million US patent documents, 268,000 EP patents, 538,000 PCT applications and 10,000 Australian patents.

International Patent Information Conference and Exposition Announced

The dates for the 4th annual IPI-ConfEx have been announced. The meeting will take place March 4-8, 2007 in Sorrento, Italy. IPI-ConfEx is organized by a board of counselers representing various patent information professional associations worldwide. The conference is an opportunity for professionals in the field of patent information to meet and discuss patent searching, patent information management and the latest developments in patent information products.

CIPO News: IPC Implementation, New Payment History on CD-ROM

The Canadian Intellectual Property Office recently announced the availability of patent file payment histories on CD-ROM. Copies of the CD, which contains approximately 4 million payment history records from 445,000 patent documents through Dec. 31, 2005, may be obtained from the CIPO's Client Service Centre.

CIPO also announced the successful implementation of IPC-2006. CIPO began loading IPC symbols of Canadian patent documents from the European Patent Office's Master Classification Database (MCD) on Jan. 7, 2006.

Source: CIPO News Updates, July 10, 2006.