charles p. baker

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