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Americanlawyer.com NOVEMBER 2009 blood money Who invented the miraculous artificial blood vessel? It took 30 years and armies of lawyers fighting through a landscape of lies, corporate intrigue, and

R. Grace Inc., an Ohio-based maker of medical devices. His work, however, quickly revealed conflicts of interest and a lack of financial responsibility. His name would soon appear on more than two dozen papers. × The U.S. Patent and Trademark Office (USPTO) has a problem, says Mark Rankin, a lawyer and author of “The Patent Monster.” One big problem is “a culture of fear and intimidation and of people afraid to report a patent.” The USPTO's failure to address the issue is “bad for the government, bad for society…bad for innovation, bad for the U.S. economy.” Rankin also faults the Patent Office itself. The Patent Office has a budget of around 30 billion, and it manages an international office of just under 2,500 people that handles an extraordinary number of patent applications—about 6,000 a month, by its own admission. And with so much to consider, the Patent Office doesn't get much done, says Rankin, the executive secretary of Patents Without Boundaries—an organization that aims to encourage the Patent Office to be less paralyzed by paperwork. Yet some say the Patent Office does a good job of ensuring proper inventor protection. The Office is required to make sure patents do not “go beyond the requirements of law,” explains John Use, a professor at the University of Michigan Law School. “You have to do that by looking at the actual patent, and not by looking at the abstract of something.” Because of limitations set forth by Congress, “the office has to focus on the details and the inventions,” Use tells IEEE Spectrum. “The office hasn't gotten rid of the idea that inventions can go beyond the scope of law.” (It is a rare patent examiner who actually reads the patent application itself.) Despite the constraints, the Patent Office has made some progress in resolving problems that can prevent inventors from protecting their inventions. Its Patent Trial and Appeal Board has established some procedural standards, Use says. “Patents have a way of doing that; they take time,” says Richard W. Dylan, founder of the Patent Information Center (PIC), which maintains a database of more than 100 million patents. The USPTO, for its part, has tried to improve its handling of patents, including through training programs. The Patent Office “has been working on these issues for the last several years,” says Ellen Bowen, deputy chief of the agency's Division of Intellectual Property.

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