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Collage showing the new U S P T O building during construction as well as people working in an office. Image is part of the header for the U S P T O Performance and Accountability Report for Fiscal Year 2003
United States Patent and Trademark Office
Performance and Accountability Report Fiscal Year 2003
Management Discussion and Analysis

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Management Challenges

The 21st Century Strategic Plan

Photo showing Chief of Staff Wayne Paugh, Under Secretary Rogan, President of Portugal’s National Institute of Intellectual Property Jaime Andres, and Brad Huther, Senior Advisor to the Under Secretary, posing following discussions regarding key initiatives of the USPTO’s 21st Century Strategic Plan.

Chief of Staff Wayne Paugh, Under Secretary Rogan, President of Portugal's National Institute of Intellectual Property Jaime Andres, and Brad Huther, Senior Advisor to the Under Secretary, pose following discussions regarding key initiatives of the USPTO's 21st Century Strategic Plan.

The 21st Century Strategic Plan is aggressive and far-reaching. Anything less would fall short of the expectations of the U.S. Congress, the applicants for, and owners of, patents and trademarks, the patent and trademark bar, and the public-at-large. Additionally, the failure to adopt the 21st Century Strategic Plan will have serious negative consequences. The USPTO will be unable to enhance quality, implement e-Gov initiatives, reduce pendency (in fact pendency would rise to uncontrollable levels), and reduce paper handling and operating costs. Following is a discussion of the management challenges that the USPTO is facing in implementing the plan:

  • Multilateral and Bilateral Agreements – To streamline the IP system and protections, the USPTO must consult with, and receive the support of, other IP offices in structuring new bilateral and multilateral initiatives and agreements. This includes accelerating PCT reform efforts, focusing on the USPTO’s proposal for simplified processing; developing a universal electronic application by leveraging the USPTO’s experience with trademark applications and the EPO’s experience with patent filings; and promoting harmonization to strengthen the rights of American IP holders making it easier to obtain international protection for their inventions and creations. Reaching agreements on these aspects will require all sides to openly communicate and compromise toward a more global convergence of patent and trademark standards.
  • Legislation/Rules – The USPTO will propose legislative and regulatory changes to current patent and trademark laws. The fee restructuring aspects will generate additional fee collections to be used to fund the critical investments in resources and technology in support of 21st Century Strategic Plan goals. Additional changes, including the establishment of corresponding fees, are also being proposed to provide customer choice and streamline the patent and trademark examination processes. The passage of these changes, including new fees and fee restructuring, is essential and critical to accomplishing the 21st Century Strategic Plan.
  • Labor Relations – The 21st Century Strategic Plan introduces a large number of changes to current work processes and procedures. The USPTO will notify the three bargaining units representing USPTO employees of the proposed changes and negotiate, where necessary, on any changes in working conditions. The USPTO must be able to implement these changes in work processes in a timely manner in order to meet 21st Century Strategic Plan goals and objectives. This must be done in light of labor requirements for coordination, communication, and negotiation.
  • Funding – Sufficient and sustained funding over the five-year life cycle of the 21st Century Strategic Plan is essential. Without this, the USPTO will not be able to make critical investments in resources and technology necessary for enhancing quality, developing and/or acquiring automated systems to move to a fully electronic operating environment, and improving pendency.

Space Consolidation – Move to USPTO headquarters in Alexandria, Virginia

The USPTO will be concentrating on the high priority of relocating employees to a consolidated campus in Alexandria, Virginia, while minimizing any adverse effects on employees, applicants, and the public. The USPTO has moved into the implementation phase of the relocation of its facilities from 18 buildings spread throughout Crystal City to a single lease on a consolidated campus. Relocation to Alexandria is being phased to coincide with delivery of five interconnected buildings.

The USPTO faces numerous logistical and operational challenges in executing the consolidation. Dual operations, including dual computer facilities, will be required during the phasing of the relocation because the space will be delivered over a protracted period. Supporting employees and customers at geographically separate locations will require careful planning. The disruptions and downtime during the move must be minimized to avoid a significant impact on productivity. However, the long-term benefit will be a world-class facility with operational efficiencies and improved allocation of work space to accommodate the USPTO’s growing and changing workplace. This consolidation is expected to save $72 million over the 20-year term of the lease.

In FY 2003, the interior space for the entire campus was planned, designed, put out for subcontractor bids, and awarded. With the aid of an exceptional government and developer team, most phases of construction are currently either on or ahead of schedule. The USPTO began occupying the first two buildings (Remsen and Jefferson) and the east garage in December 2003. Full occupancy is scheduled by mid-FY 2005, but may occur sooner.

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