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WHETHER GOVERNMENT PATENT OFFICES SHOULD CONTRACT WITH PRIVATE COMPANIES TO SEARCH THE PRIOR ART . Charles P. Baker. Colloquium on Reform of the Patent Cooperation Treaty April 8-9, 2003 Nice, France. Interested Parties. Patent Offices. Interested Parties. - PowerPoint PPT Presentation
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www.fitzpatrickcella.com
_________________________________________© Copyright 2003, Charles P. Baker,FITZPATRICK, CELLA, HARPER & SCINTO, NEW YORK CITY
WHETHER GOVERNMENT PATENT OFFICES SHOULD CONTRACT WITH
PRIVATE COMPANIES TO SEARCH THE PRIOR
ART
Charles P. Baker
Colloquium on Reform of the Patent Cooperation TreatyApril 8-9, 2003Nice, France
2
Interested Parties
•Patent Offices
3
Interested Parties
•Patent Offices•Patent Owners
4
Interested Parties
•Patent Offices•Patent Owners•The Public
5
Interests of Patent Offices
•Budgets
6
Interests of Patent Owners
•More Patents
7
Interests of Patent Owners
•More Patents•Less Cost
8
Interests of the Public
•An Incentive Interest:– Investors in New
Technology and in New Jobs
9
Interests of Investors
•Certainty
10
Interests of Investors
•Certainty– Quality
11
Interests of Investors
•Certainty– Quality– Promptness
12
Interested Parties
•Patent Offices•Patent Owners•The Public
13
Interested Parties
•The Public•Patent Offices•Patent Owners
14
Interests
•Quality •Promptness•Patent Office Budget•More Patents•Less Cost
15
Quality
•Enhanced by Combined Search and Examination
16
Quality
•Enhanced by Combined Search and Examination
•Diminished by Private Search Companies
17
Quality
• Enhanced by Combined Search and Examination
• Diminished by Private Search Companies– Profit Motives
18
Quality
•Enhanced by Combined Search and Examination
•Diminished by Private Search Companies– Profit Motive– Decertification Casts
Doubt on Quality
19
Interests
•Quality•Promptness•Patent Office Budget•More Patents•Less Cost
20
Promptness
•Diminished by Separated Search and Examination
21
Interests
•Quality •Promptness•Patent Office Budget•More Patents•Less Cost
22
Budget/Cost
•Inefficiencies of Doing the Same Work Twice
23
Budget/Cost
•Inefficiencies of Doing the Same Work Twice
•Costs of Certification and Monitoring Private Companies
24
Searches by Other Governments
25
Searches by Other Governments
•Less Concern About– Promptness– Budget– Cost
26
Searches by Other Governments
•Quality– Differences in the Laws
27
Searches by Other Governments
•Quality– Start to Examine Based
on Search of Other Government
28
Searches by Other Governments
•Quality– Start to Examine Based on
Other Government Search– If Allowable Subject Matter
Found, Supplement Search
29
Conclusion:
•Public Interests•Investors
– New Technology– New Jobs
30
Conclusion:
•Certainty – Quality– Promptness
31
Conclusion:
•Search Not Based on Private Company Profit Motive
32
Conclusion:
•Search Not Based on Private Company Profit
•Examination and Search Combined
www.fitzpatrickcella.com
_________________________________________© Copyright 2003, Charles P. Baker,FITZPATRICK, CELLA, HARPER & SCINTO, NEW YORK CITY
WHETHER GOVERNMENT PATENT OFFICES SHOULD CONTRACT WITH PRIVATE COMPANIES TO SEARCH
THE PRIOR ART
Charles P. Baker
Colloquium on Reform of the Patent Cooperation TreatyApril 8-9, 2003Nice, France