However, there is nothing in the bill that allows the PTO to hold onto any surplus.
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For the future, the first step is to try to identify potential threat objects (PTO).
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In other words, the PTO is forcing the patent owner to become his own worst enemy.
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The PTO also must color within the lines established by Congress and the courts.
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Last year, the PTO issued 21, 356 design patents, 65% more than the 12, 951 it issued in 2005.
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Historically, PTO has used those fees to fund the agency the only entirely self-funded agency in the federal government.
"I have called our department heads together and said this: Pretend the PTO doesn't exist, '" says Rogan.
The PTO generally has become more efficient at reviewing design-patent applications, often taking just months from application to grant.
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They are currently treating a PTO as objects around 150 m and larger.
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Hopefully, the PTO will take seriously the potential problems created by its proposal.
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As the government agency that manufactures patents, the PTO has a lot of power to control its manufacturing process.
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Rather, what I wanted to address was the total lack of a review process for decisions by PTO volunteer administrators.
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Patent applicants pay the PTO a fee, not a tax, to have their invention examined and, if approved, then a patent issued.
Essentially, the PTO assumed every instance in which inequitable conduct might be charged will necessarily result in a supplemental examination request being submitted.
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One would let an alleged infringer of a patent challenge its validity at the Patent and Trademark Office (PTO), rather than going to court.
Instead, Congress chose to multiply the alternative dispute-resolution procedures at the PTO, giving the office more work to do without a guarantee of more money.
His fight with the PTO, he said, has had tangible results.
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Had the PTO been a little less successful, like Amtrak, there would be no funds to divert once again proving that in Washington no good deed goes unpunished.
However, as I mentioned in my prior post, the PTO generally leans pro-patents and therefore may lack enthusiasm to fix any problems that result in over-patenting.
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What is needed is Congressional approval through legislation to allow the PTO to keep its surplus revenue so that it has the means to achieve its strategic goals.
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So why, then, would the PTO make such a proposal?
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Absconding with those funds has left the PTO understaffed in relation to the number of patent applications it receives, so that it can take three years to approve a patent.
The PTO multiplied the total number of all patent applications filed by the rate at which all issued patents might potentially be subject to a charge of inequitable conduct historically.
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Through supplemental examination, a patent owner can go back to the PTO after the patent is issued and voluntarily submit additional information to be considered as to whether it impacts patentability.
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The problem is that the PTO has proposed rules for implementing supplemental examination that would require the patent owner to mount an assault in detail on the validity of his own patent.
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In the Final Office Action, three examiners of the PTO considered TiVo's response and, in a detailed 32-page decision, finally concluded that the software claims were unpatentable in view of two prior art references.
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The PTO regulations demand that the patent owner not only submit the information for supplemental examination by the PTO, but also lay out in detail why the information might potentially invalidate the original patent.
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The U.S. PTO receives 500, 000 patent applications annually.
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Led since 2009 by Obama appointee and long time IBM veteran David Kappos, the PTO, depending on whom you ask, is credited with granting too many patents, granting too few patents and granting inferior patents.
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