In a press release today, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos today announced President Obama’s $2.322 billion fiscal year 2011 (FY 2011) budget request for the USPTO.

The president’s budget request for FY 2011 will support a five-year plan designed to enable the USPTO to achieve the strategic objectives laid out by Under Secretary Kappos and Commerce Secretary Gary Locke – a significant reduction in patent pendency periods and the existing patent inventory backlog; improvement in patent quality; enhanced intellectual property (IP) protection and enforcement; global IP policy leadership; and investment in information technology (IT) infrastructure and tools to achieve a 21st Century system that permits end-to-end electronic processing in patents and trademark IT systems.

To achieve these performance commitments, the USPTO will:

- Achieve 3 percent annual efficiency gains in patents processing through the re-engineering of management and workflow processes.

- Initiate a targeted hiring surge and hire 1,000 patent examiners annually during FY 2011 and FY 2012. This effort will target former patent examiners and IP professionals who will require minimal training and can be productive virtually from the start of their employment.

Further details on the USPTO’s five-year strategic plan will be released in the second quarter of 2010 as they become available.

“The USPTO’s 2011 budget represents a significant investment in American innovation,” Secretary Locke said. “We must reduce the unacceptably long time it takes to patent a new idea or technology and improve our enforcement of intellectual property. Doing so will help create jobs and enhance the long-term competitiveness of the U.S. economy.”

The FY 2011 budget request projects fee collections of $2.098 billion. In addition, the administration is proposing an interim fee increase on certain patent fees which is estimated to generate $224 million. The administration continues to support granting the USPTO fee-setting authority as a significant part of a sustainable funding model that would allow the director to propose and set fees in a manner that better reflects the actual cost of USPTO services.

“The USPTO’s work in fostering innovation and bringing patented goods and services to market is a crucial driver of job creation and economic recovery,” said Under Secretary Kappos. “Intellectual property is America’s competitive advantage in the 21st Century global economy and will play a central role in our long-term economic growth. We will continue to take steps to make the USPTO more efficient, and drive to reduce the unacceptably long pendency periods that hinder the creation of new businesses and new jobs.”

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The United States Patent and Trademark Office (USPTO) announced on January 28, 2010 that it will provide patentees with the ability to request a recalculation of their patent term adjustment without a fee or petition as is normally required pending completion of necessary modifications to the USPTO’s computer program for calculating patent term adjustments.  The agency expects to complete by March 2, 2010 the software modification necessary to comply with the U.S. Court of Appeals for the Federal Circuit’s recent decision in Wyeth v. Kapppos regarding the overlapping delay provision of 35 USC 154(b)(2)(A).  For more details about the decision, see our post here.  Both the USPTO and the Department of Justice have decided not to seek further review of the Federal Circuit’s decision in Wyeth.

In the meantime, the USPTO will be processing recalculation requests under an interim procedure that is available to a patentee whose patent issues prior to March 2, 2010, and who requests it no later than 180 days after the issue date.  This procedure is available only for alleged errors in calculation that are specifically identified in Wyeth.   A copy of the notice submitted to the Federal Register for publication and the form for patentees to use in requesting a recalculation of patent term is on the USPTO Web site here.

“The USPTO is working to modify its computer program to comply with the Federal Circuit’s decision as soon as possible,” said Commissioner for Patents Robert Stoll.  “Until then, this interim procedure will enable patentees to request a recalculation quickly and at no charge.”

An applicant is entitled, subject to certain conditions and limitations, to patent term adjustment if (1) the USPTO fails to take certain actions during the examination and issue process within specified time frames; (2) if the USPTO fails to issue a patent within three years of the actual filing date of the application; and (3) for delays due to interference, secrecy order, or successful appellate review.

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Agency Files Joint Motion with Plaintiff GlaxoSmithKline to Dismiss Lawsuit Related to Proposed Claims and Continuation Rules
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