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Fiscal Background on the USPTO
US Patent and Trademark Office – Background
By Jacques M. Dulin
The USPTO is a $1.2 Billion+ department of the US Government, employing
over 6500 people including an estimated 2000+ Patent Examiners.
The PTO, now spread over 18 buildings in Crystal City, VA, is relocating
into 5 new buildings a few miles SE in Alexandria, VA. The construction
is scheduled for completion in 2005.
President
Bush proposed a 21% increase in the PTO budget to a requested $1.35Billion
in recognition of the key role that the Patent System plays in protection
of innovation as businesses create jobs in America.
The
PTO cost for processing an application to issuance as a patent in FY
2003 was $3329. In contrast, applicants pay a portion of that amount
in filing, publication and issuance fees, $1350 for individuals and
companies having less than 500 employees, and larger companies $2400.
In 2005 those numbers were highter, the small entity applicants paying
$1530 in fees and the larger entities paying $3030. The balance is made
up of a variety of other processing fees, such as patent copy charges,
extension and petition fees, appeal fees, maintenance fees and the PTO
share of international application (PCT) fees. Currently, the maintenance
fees, due at 3.5, 7.5 and 11.5 years total $3500 and $7000 for the different
sized entities. Total PTO fee collections in FY’03 was $1.16 B.
The
number of applications in the pipelines of the 124 countries that have
patent offices is estimated at 11.9 million annually, and growing. Of
the 189,597 US Patents issued in FY’03, 171,894 were utility patents
and the rest were design and plant patents. 99,898 issued to US Citizens,
and foreign nationals received 89,699. California inventors led the
way with 23,351 while Washington placed 13th with 2570. Government
Agencies received only 898 patents.
The line in the PTO is long. Total patent applications pending as of
Sept 30, 2003 were 762,914, of which 85,109 were ready for issue as
patents, and another 3114 were being maintained secret as relating to
the National Defense. 355,418 applications were filed in FY’03 and 96,176
were abandoned as unpatentable or lacking commercial interest.
The
average time to process the applications was 27.6 months but ranged
from 27 months for chemical and materials engineering cases to 40.3
months for communications cases, including computer programs and business
methods.
In the
past 10 years the number of applications filed has risen from 188,098
to 355,418, annually. The average time of
pendancy before a Patent Examiner examines the case is 18.3 months.
The PTO set a target of 2% of cases to be filed electronically, but
actual electronic filing was only 1.3%. There were
392 reexamination requests and 2721 appeals filed, with
the applicants winning about half the time.
The PTO has an extensive Examiner training program, the Patent Academy.
In addition, The PTO has a Scientific and Technical Library and translation
and electronic document processing and prior art search support capability
that it is constantly expanding and updating.
Over the past 10 years Congress has treated the Patent Office, and accordingly
the US Patent System, as a revenue source, taking over $1 billion from
the USPTO revenues (that exceeded costs), rather than lowering fees
or letting the PTO spend that money on improving the operations and
therefore the quality of patents.
Primary data source, USPTO Performance and Accountability
Report, FY 2003; online at www.USPTO.gov
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