Although company shareholders may not agree, the United States Patent Trademark Office (PTO) has indicated that the quality of the patents granted is more important than quantity of patents granted. 

To encourage higher quality patents, the PTO discontinued publishing its annual top ten patent holder list, "emphasizing quality over quality by discouraging any perception that we believe more is better." 

This is an important about face in the field of intellectual property.  Now, inventors, companies, patent attorneys, and patent law firms can be judged on the quality of the work, not quantity. 

In the past, rankings (inventors, companies, patent attorneys, and patent law firms) were based solely in the number of patents produced with no consideration of quality, innovation, contribution to society, or profit.

So, should we be concerned about China?

Probably.

There is much in the headlines about China’s economic growth.  In fact, Thomson Reuters’ intellectual property analysis indicates that China’s 2011 patent volume will exceed both the United States and Japan in patents.

This projection is certainly reason for further analysis, but should it cause alarm based upon the number of patents alone?   Is the U.S. finally getting “it” and focusing on quality or are we falling short?

The Thomson Reuters analysis indicates that U.S. patent growth was 5.5% from 2003-2009; whereas, China’s patent growth was 26.1% from 2003-2009.   That’s just shear quantity.

But, other factors were observed as well, including patent quality versus quantity, composition of patents, patent technology areas, and government/policy implications. 

Other observations about China’s patents include:

·         China has greatly expanded its intellectual property protection overseas.  For example, China’s patents in the United States increased 14.1% from 2007 to 2008.  During that same time period, in Europe, China’s patents increased 33.5%; in Japan, their patents increased 15.9%

·         The Chinese government is encouraging patent development and innovation with tax deductions, a government dedicated to innovation, and the development of unique patent protection.

·         China offers “utility patents” with 10 years of protection that are easier to obtain than “invention” patents

·         In 2009, one – half of all Chinese patents were utility patents

·         China’s high tech patents are growing exponentially

·         Agricultural related patents are slowing reflecting a significant change in their society

·         China’s quality of patents appears to be improving based upon analysis of the ratio of applications to full invention patents granted.

What’s this mean for the United States?

Innovation.  Innovation.  Innovation. 

If you have been thinking of developing a product or have a product and haven’t yet moved forward with your patent application, get going!  It’s your time.  You’re not alone. 

Where to get help

If you have questions about what it takes to develop a quality patent, hire a qualified attorney who focuses his or her practice on patent law. 

We, at Cutler law firm, focus on our practice on representing people just like you.  Not only do we help you to obtain your patents for your inventions, we help you protect your patents and get the compensation that you deserve. 

If you have questions about patents and patent infringement or need help, our offices can be reached at 605-335-4950 or through email.

As in any area of law, patent law has its share of common patent myths.  To ensure that your inventions are protected and that you are not mislead by such myths, we explore 5 of them below.  If you have heard any of these myths, you are not alone.  They confuse many inventors.

MYTH:  There are special “international” patents to protect your invention all over the world.

FACT:  In fact, there are no “international” patents.  U.S. patents can only be enforced nationally. 

This common myth stems from the existence of the Patent Cooperation Treaty.  The Patent Cooperation Treaty includes 142 countries world-wide.  This means, that through this treaty, your patent can be enforced in these 142 countries if you have a patent from one of these countries such as the United States.

Products that violate a patent are not admitted to any of these 142 countries.  It is part of the customs and trades offices of each country to keep violating products out.  If a product violates your patent and is missed by the customs and trade offices of a country, you can sue the importer and the seller.

You, as the inventor are responsible for enforcing your own patent, both nationally and internationally.

MYTH:  Patent illustrations are protected under your product’s patent.

FACT:  The fact is that the only the language in the patent claim section affords patent protection.

You can seek copyright protection for the graphics that you submit with your patent application.

In addition, you can apply for a separate design patent (and gain 14 years of patent protection) for a specific design such as for the design for Star Wars’ characters, designer eye glasses, and the original Coca-Cola bottle.

MYTH:  There are provisional patents which protect inventions.

FACT:  In fact, there is no such thing as a “provisional patent.”  

The confusion stems from the fact that there is a provisional patent application. 

When you see the term “patent pending,” a provisional patent application has been filed.  It contains much less detail and does NOT provide patent protection rights.  It does however establish the patent filing date.

Patent pending status is valid for 12 months only.  The actual patent application must then be filed before the 12 months expires.

Often inventors use the 12 month period to put the final touches on a product or to test the market for their product.

 MYTH:  Your patent will be enforced by the United States Patent Trademark Office.

FACT:  You, as the patent holder, have the sole authority and responsibility for enforcing your patents. 

The patent issued by the United States Patent and Trademark Office merely serves as evidence of patent violation in a court of law. 

MYTH:  Within the biopharmaceutical market, there is a patent cliff. 

FACT:  Even as biopharmaceutical patents expire and generics enter the market, there are no patent cliffs.

Instead the experts describe a patent “plateau” as pharmaceutical companies’ revenues rise and fall each year or over a five year period due to patent expiration and the issuance of new patents.