CONGRESS SHOULD STOP DIVERTING PTO FUNDS

It’s amazing how our elected officials continue simultaneously to tout technology and innovation as the keys to creating jobs and for the twenty-first century, and deny the PTO the ability to use the revenue the PTO generates to improve its systems. The news posted April 22 on the Director's Forum blog that as a result of Congress’ decision to continue to divert PTO funds, the PTO will need to delay implementation of procedures to expedite applications, again delay updating its outdated computer systems, scrap plans to open an office in Detroit, reduce training and eliminate overtime, can only be described as disheartening.

But this is nothing new. Fifty years ago, in Graham v. John Deere, 383 U.S. 1 (1966) Justice Clark wrote: “…the primary responsibility for sifting out unpatentable material lies in the Patent Office. To await litigation is---for all practical purposes—to debilitate the patent system…In this connection we note that the Patent Office is confronted with a most difficult task.” The Court expressed concern about the backlog of applications and observed that the President had appointed a task force to “develop more efficient administrative procedures and techniques that will further expedite dispositions and at the same time insure the strict application of appropriate tests of patentability.”

The PTO would have a better chance of achieving those goals if it were permitted to use the money it generates to take the actions it will now need to postpone.
 

Real Progress on Patent Reform?

Here's a link to an entertaining White House video featuring Austan Goolsbee, Chairman of the Council of Economic Advisers, discussing the need to improve efficiency in the Patent Office.  If the PTO can meet Mr. Goolsbee's goals and something like the America Invents Act  becomes law, the system should start to get much better soon.