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The U.S. Patent Backlog

coondoggie writes "Even with its increased hiring estimates of 1,200 patent examiners each year for the next 5 years, the US Patent and Trademark Office patent application backlog is expected to increase to over 1.3 million at the end of fiscal year 2011 the Government Accounting Office reported today. The USPTO has also estimated that if it were able to hire 2,000 patent examiners per year in fiscal year 2007 and each of the next 5 years, the backlog would continue to increase by about 260,000 applications, to 953,643 at the end of fiscal year 2011, the GAO said. Despite its recent increases in hiring, the agency has acknowledged that it cannot hire its way out of the backlog and is now focused on slowing the growth of the backlog instead of reducing it. This too is but one of the goals of the Patent Reform Act currently making the rounds in the US Senate."

11 of 195 comments (clear)

  1. Therefore by Dunbal · · Score: 5, Funny

    I hereby submit a patent to use computing and human resources technology to increase the speed of the patent process.

    Pay me, bitches.

    --
    Seven puppies were harmed during the making of this post.
    1. Re:Therefore by The+MAZZTer · · Score: 5, Funny

      Sorry, you have to wait until your patent is approved... catch 22.

  2. What they told me by john_is_war · · Score: 5, Interesting

    As a graduating computer engineer, I've been interviewing around, and USPTO was one of the places. Here's what they shared with me-
    They are currently backlogged 5 years.
    With their hiring surge of engineers, they want to bring the backlog to 2 years within 4 years IIRC
    And apparently they crap money, with a starting salary of 63k with a 10k starting bonus for the first 4 years, plus a 10% bonus if a 130% efficiency rating is maintained for the 4 quarters.
    The ones they are particularly hiring are EEs, CSs, and Comp Engs.

    Now you know, and remember- Knowledge is power!

    --
    Live life to the fullest. It's not that life is short, but that you are dead for so long.
    1. Re:What they told me by john_is_war · · Score: 5, Informative

      Average CS starting is 51k, Comp Eng is 56k, actually.

      --
      Live life to the fullest. It's not that life is short, but that you are dead for so long.
    2. Re:What they told me by ServerIrv · · Score: 5, Insightful

      plus a 10% bonus if a 130% efficiency rating is maintained for the 4 quarters.

      There is a built in incentive for bad patents to get through. Patents get rubber stamped simply because of the need of efficiency to get out of the whole backlog mess. Instead of actually diligently checking and rechecking for prior art conflicting patents, the employee stamps it as good, as fast as possible, and walks away with their 10% bonus. This seems to be the same problem that tech support has with call tracking. The faster a person gets you off the phone, the more money they make, and the faster they get promoted.

    3. Re:What they told me by Anonymous Coward · · Score: 5, Insightful

      > There is a built in incentive for bad patents to get through.

      Looking at this job I am almost tempted to apply. The money is good even without the bonus. It would be interesting and varied work. And one would be in fine company, as Mr Einstein himself was once a patent clerk.

      But I would last all of 5 minutes before getting fired. The problem is as computer scientist and inventor and someone who knows the difference between an abstract idea and well thought out and unique implementation that solves original problems I would have to apply ethical standards to my work.

      Got a business patent? In the bin it goes.
      Got an existing idea you want to add the words "web browser" or "computer" to? In the bin.
      Only got mathematical algorithm? No language specific implementation? In the bin.
      You want to add a tiny specific modification to an existing idea? Sorry, in the the bin.
      Something that I can find published on Google with trivial searching? In the bin.

      Well, you might think my manager would be happy as a pig in shit, praising a wonderful worker who is clearing the backlog by rigorously applying the rules. Wouldn't you?

      Oh, but wait... Where does the patent office make its money? Approving patents.

      Which is why the rules were changed to allow all this crap through in the first place. There aren't suddenly more ideas in the world, the bar for patentability has been drastically lowered and the system is broken because of it.

      So, how about this for an idea. If he approves a patent that is subsequently challenged and voided the clerk loses twice their bonus and the patent office has to refund the application fee in full. And to make sure the applicant doesn't benefit from specious claims, they must pay a fine of 10 times the application fee to the government.

      Then let's see who is so quick with the rubber stamp.

      What is needed is incentive to find _good_ patents. To add this incentive, how about a royalty type bonus system. A clerk who approves a patent that runs its full term gets a small bonus at the end of its life, related to how much money it has actually made through the sale of real products (litigation payments would be excluded).

    4. Re:What they told me by Anonymous Coward · · Score: 5, Informative

      I'm graduating with a BA in CS this year, and barely looking at any CS jobs below 85k, and there are plenty above.
      Reality is about to kick you very hard in the groin.

      Enjoy.
    5. Re:What they told me by greenreaper · · Score: 5, Informative

      The system gets paid for dealing with applications, not for approving them. If they aren't approved, they still keep the money. Same with trademarks.

  3. Re:Software patents by ls+-la · · Score: 5, Interesting

    No, patents have their place or the founding fathers would have forbade them altogether. The current problems stem largely from
    (1) business method patents
    (2) software patents
    (3) genome patents
    (4) the patenting process (including the difficulty and cost of overturning a patent, compared to getting an obvious patent through)
    (5) patent trolls abusing (4).

    Patents on physical inventions which are clearly new, innovative, and unique are fine.

  4. Simple solution -- working prototypes by Derling+Whirvish · · Score: 5, Interesting

    There is a simple solution to the problem of too many patents to examine. Go back to requiring a working prototype. You would have to supply working source code for any software patent. Business "methods" patents would not be acceptable unless you could demonstrate the method actually in use.

    So Arthur C. Clarke would not have been able to patent the idea of geostationary satellites. He didn't so nothing was lost. Were current patent procedures in place in the late 40s, most certainly a patent troll would have patented it. But what harm is there in forcing comeone to actually get a satellite to geostationary orbit before allowing a patent? It would certainly encourage research and development rather than litigation and argument. Forcing Edison to actually get a filament that worked before granting him a patent on the light bulb worked out for the better, rather than allowing him to patent the "idea" of using an electrically heated filament to generate light. If he had gotten the patent without the working model he could have sat back and just sued anyone implementing electic lights for the next 17 years. It would have set back progress tremendously.

  5. Re:Software patents by fastest+fascist · · Score: 5, Insightful

    What is WITH this founding fathers cult? Can't you trust logic and argumentation, must you invoke a bunch of ancients as some kind of semi-divine authority to back your opinions up?