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The Patent Problem

posted by at 4:59 PM on 11/20/07

Photo of Dana GreenspnIn the easy, breezy days of elementary school, I remember my principal announcing an event called the “Invention Convention.” Students were told to come up with idea for an invention, build or sketch a model and present the invention to the class. I’m pretty sure there was some sort of prize involved for the best invention – very exciting stuff for a bunch of 8 year-olds.

The inventions ranged in sophistication, from neon Velcro socks (why?) to robots that would clean your house for you (if anyone knows of this invention becoming a reality, please email me…). I don’t recall what I invented, but I have the distinct feeling that it involved an overly elaborate contraption for a fairly simple task.

I highly doubt any of my fellow classmates scored patents for their inventions, but that same innovative spirit has driven so many of the products we take for granted today. As I explain in my report for NBR's "Copy Protection" series and special, the US Patent and Trademark Office (USPTO) is swamped by some 450,000 applications each year, from inventors – perhaps one-time childhood dreamers – who believe their innovations are patentable. That’s a pretty astounding number.

The problem is this abundance of innovation has overwhelmed our current system. The Washington Post recently reported that if the USPTO closed its doors tomorrow to catch up on processing applications, it would take the agency at least two years to clear the backlog. And then, once it reopened its doors, the agency would have 1 million more applications to process!

But fixing the current system requires some political innovation of its own, and so far lawmakers have been unable to agree on a solution. Most agree on the central issues: improving application quality, cutting down on frivolous litigation, and keeping the patent system strong. But as for how to do that, lawmakers haven’t come to a consensus. The House passed a bill in September, but the Senate version seems to be stuck. And, it doesn’t look like the Senate will take up patent reform again until next year.

Whatever lawmakers come up with, the hope is that the reforms will propel more and better innovation from American inventors. And who knows? Maybe someday an inventor will finally come up with one of those house-cleaning robots…

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Alan - You're right in line with a lot of the folks I spoke to on this story. Most people involved agree the patent office needs more resources. In fact, for years, the fees obtained from patent applications were being diverted into the general treasury and away from the patent office! So funds that were meant to bolster PTO resources were building bridges to nowhere... That loophole has been fixed, but the funding issue is one that is being hotly debated on the Hill -- among other issues like patent litigation reform and "post grant opposition"....

The solution is what Washington does best--throw money at the problem. If the Patent Office is swamped with applications, then increase their budget and hire some people. Hundreds of thousands of patents get applied for every year; some small percentage are granted, and some actually become useful items. But this is what keeps us competitive with the world. We came into being as a technically advanced country back in '76 (the Franklin stove, among other things) and this is still the basis for our economic success. And, since no one knows which patents will become the next Velcro or Post-It notes, we simply have to give the Patent Office the resources it needs to do the job. Alan B

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