Huge patent backlog saps research and startup energy

| Print |  Email
Archives - March 2009
Sunday, March 01, 2009

STATEWIDE The staggering 770,000 patent backlog at the U.S. Patent and Trademark Office is sapping the energy behind research development and startups in Oregon. The backlog means applicants must wait several years to see if their patents will be approved.


“Patent protection is essential to providing incentive to private investors to get through the development phase,” says Don Gerhart, associate vice president for research and innovation at University of Oregon and a patent agent. When stakeholders must wait several years to see if their patent has been approved, “it makes it difficult to raise capital, build a team and hold a team together in startup companies as well as existing companies.”

Gerhart says that in his experience, the application process takes five to seven years (though the U.S. Patent and Trademark Office reports an average of 3.5 years).

In the latest Oregon Innovation Index, created by the Oregon Innovation Council, Oregon ranked fourth in the nation in 2007 in patents per million people.

The patent office has come under fire for the growing backlog, and several institutions have presented a plan for fixing the problem. The U.S. Chamber of Commerce recommends providing the patent office with adequate resources, improving retention of patent examiners and reforming the patent examiner production system.  

The patent office is in the process of turning things around and is three years into a massive hiring effort, hiring 1,200 new patent examiners each year, according to Jennifer Rankin Byrne, director of public affairs for the patent office.

But the larger problem is not the backlog, it’s the drop in the percentage of patents approved, according to William Noonan, partner at Klarquist Sparkman, which specializes in intellectual property legal services. In 2008, the USPTO approved 44% of applications, the lowest approval rate since at least 1975.        JENNIFER FURNISS


Have an opinion? E-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

More Articles

Eco Zoned

June 2015
Friday, May 22, 2015
BY HANNAH WALLACE

Travelers have always come to Oregon for its natural beauty. But will the increasing popularity of agritourism, European-style hiking getaways and forest resorts relax Oregon's notoriously strict land-use laws?


Read more...

The ancient fish that stops bullets

The Latest
Friday, May 08, 2015
hagfishthumbBY CHRIS NOBLE | PHOTOS BY JASON E. KAPLAN

Hagfish may not have evolved much over the last 300 million years, but their protein-heavy slime promises advances in super-materials.


Read more...

Green workplace 2.0

Linda Baker
Thursday, May 28, 2015
IMG 2808BY LINDA BAKER | EDITOR

Reinventing capitalism. Office dumpster divers. Handprints versus carbon footprints.


Read more...

Marijuana law ushers in new business age

The Latest
Tuesday, June 23, 2015
062315panelthumbBY KIM MOORE | RESEARCH EDITOR

Oregon’s new marijuana law is expected to lead to a bevy of new business opportunities for the state. And not just for growers. Law firms, HR consultants, energy efficiency companies and many others are expected to benefit from the decriminalization of pot, according to panelists at an Oregon Business breakfast meeting on Tuesday.


Read more...

6 things to know about the Amtrak Cascades route

The Latest
Friday, May 22, 2015
thumb3BY JACOB PALMER | DIGITAL NEWS EDITOR

The recent tragedy in Philadelphia has called attention to Amtrak and the nation's woefully underfunded rail service. Here are six facts about the Amtrak Cascades corridor between Eugene and Vancouver B.C. 


Read more...

Change at the pump?

The Latest
Tuesday, May 26, 2015
001thumbBY JASON E. KAPLAN | STAFF PHOTOGRAPHER

New Jersey and Oregon are the only two states in the U.S. that ban self serve gas stations. But these two holdouts may be ready to give up the game. New Jersey is considering legislation that would lift the state's ban on pumping your own gas. Oregon is considering smaller scale changes.


Read more...

Oregon needs a Grand Bargain energy plan

Linda Baker
Monday, June 22, 2015
0622-gastaxblogthumbBY LINDA BAKER

The Clean Fuels/gas tax trade off will go down in history as another disjointed, on-again off-again approach to city and state lawmaking.


Read more...
Oregon Business magazinetitle-sponsored-links-02
SPONSORED LINKS