Backlog of unexamined patent applications
Encyclopedia
Although not clearly defined, the backlog of unexamined patent applications consists, at one point in time, in all the patent application
s that have been filed and still remain to be examined. The backlog was said to be 4.2 million worldwide in 2007, and, as of 2009, it reportedly continues to grow. Alone, the United States Patent and Trademark Office
(USPTO) is reported to have, as of 2009, a backlog of more than 700,000 patent applications. According to Beth Simone Noveck
,
According to Alison Brimelow
, president of the European Patent Office
as of 2009, the "backlog of patent applications is counter-productive to legal certainty, and that has a negative effect on the innovation process". According to a 2010 study by London Economics, "the cost to the global economy of the delay in processing patent applications may be as much as £7.65 billion each year."
According to former U.S. federal judge Paul R. Michel, in an interview conducted in 2011, "delay is [...] the greatest problem with the [U.S.] patent system" and "[the USPTO] desperately needs thousands of additional examiners and new IT systems. Indeed, it has needed them for years."
Since 2006, a number of collaborations, known as Patent Prosecution Highway
(PPH), have been set up between various patent office
s, in order to avoid the duplication of search and examination work and ultimately reducing the patent backlog.
Patent application
A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention , together with official forms and correspondence relating to the application...
s that have been filed and still remain to be examined. The backlog was said to be 4.2 million worldwide in 2007, and, as of 2009, it reportedly continues to grow. Alone, the United States Patent and Trademark Office
United States Patent and Trademark Office
The United States Patent and Trademark Office is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.The USPTO is based in Alexandria, Virginia,...
(USPTO) is reported to have, as of 2009, a backlog of more than 700,000 patent applications. According to Beth Simone Noveck
Beth Simone Noveck
Beth Simone Noveck was the United States deputy chief technology officer for open government and led President Obama's Open Government Initiative. Based at the White House Office of Science and Technology Policy until January 2011, she is an expert on technology and institutional innovation...
,
According to Alison Brimelow
Alison Brimelow
Alison Jane Brimelow CBE is a British civil servant and former Chief Executive and Comptroller General of the UK Patent Office, now known as the Intellectual Property Office...
, president of the European Patent Office
European Patent Office
The European Patent Office is one of the two organs of the European Patent Organisation , the other being the Administrative Council. The EPO acts as executive body for the Organisation while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative...
as of 2009, the "backlog of patent applications is counter-productive to legal certainty, and that has a negative effect on the innovation process". According to a 2010 study by London Economics, "the cost to the global economy of the delay in processing patent applications may be as much as £7.65 billion each year."
According to former U.S. federal judge Paul R. Michel, in an interview conducted in 2011, "delay is [...] the greatest problem with the [U.S.] patent system" and "[the USPTO] desperately needs thousands of additional examiners and new IT systems. Indeed, it has needed them for years."
Since 2006, a number of collaborations, known as Patent Prosecution Highway
Patent Prosecution Highway
The Patent Prosecution Highway is a set of initiatives for providing accelerated patent prosecution procedures by sharing information between some patent offices...
(PPH), have been set up between various patent office
Patent office
A patent office is a governmental or intergovernmental organization which controls the issue of patents. In other words, "patent offices are government bodies that may grant a patent or reject the patent application based on whether or not the application fulfils the requirements for...
s, in order to avoid the duplication of search and examination work and ultimately reducing the patent backlog.