Acting Secretary Rebecca Blank and Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos today presented patent no. 8 million to Second Sight Medical Products, Inc., for a visual prosthesis apparatus that enhances visual perception for people who have gone blind due to outer retinal degeneration. Following the signing, company President and CEO Robert Greenberg demonstrated the new product, Argus® II. 

The ceremony underscored the critical role the U.S. patent system plays in fostering American innovation and economic competitiveness and comes as Congress is acting to make the most significant reforms to the system in more than half a century. Patent reform legislation currently before Congress – the America Invents Act – will help create new jobs by simplifying the process inventors face for getting a patent, while making the system more transparent and reducing costly and time-consuming litigation. 

The bill is an essential tool to bring the patent system and the USPTO into the 21st century and to continue to unleash the innovation, ingenuity and creativity that has made America the envy of the world. Strong and clear patent rights are especially vital to small and new businesses, which create 2 out of every 3 American jobs. Successful inventors need to secure patent rights to access capital, hire employees and lift their companies off the ground. Put simply, patents are crucial to creating new jobs, new industries and new economic opportunities for Americans.

Specifically, the America Invents Act:

• Allows the USPTO to set its own fees to recover the actual costs of the services it provides, and keep and reserve those fees exclusively for the USPTO’s use – a major part of ensuring that the agency has sufficient funding; 
• Enables the USPTO to hire more examiners and bring its IT system into the 21st century so it can process applications more quickly and produce higher quality patents that are less likely to be subject to a court challenge;
• Decreases the likelihood of expensive litigation because it creates a less costly, in-house administrative alternative to review patent validity claims;  and,
• Adopts the “first-inventor-to-file” standard as opposed to the current “first-to-invent” standard. First inventor to file is used by the rest of the world, and would be good for U.S. businesses, providing a more transparent and cost-effective process that is consistent with the practices of our economic competitors.

Taken together, the reforms outlined in the America Invents Act create a better architecture for fostering American innovation and accelerating the delivery of innovative goods and services to the marketplace. It also gives the Patent Office the tools and resources it needs to serve America’s innovators by granting high-quality patents in a more timely fashion.

Guest blog post by Nicole Y. Lamb-Hale, Assistant Secretary for Manufacturing and Services, International Trade Administration

“It’s Brazil’s Time!”  I still can hear the clarion call of Rick Fedrizzi, President of the U.S. Green Building Council, from his opening speech during the Green Building Conference Brasil in São Paulo last week.  I was in Brazil to foster expanded commercial ties between Brazilian and American firms in the green building and energy sectors and advance the objectives of the U.S.-Brazil Strategic Energy Dialogue.  For a portion of the trip, I accompanied 14 companies participating in the Department of Commerce-certified, Brazil-U.S. Business Council-organized Trade Mission. These are innovative and forward-thinking small and medium companies interested and ready to export green building products to Brazil.

Fedrizzi also pointed out that Brazil was among the top five countries for LEED certifications, so there is definitely a market opportunity for these companies. It also helps that financing is available for construction of buildings designed to LEED specifications.  Brazil is rushing to get ready for the 2014 World Cup and the 2016 Olympics.

In the 2011 State of the Union address, President Obama asked every American to take steps to ‘Win the Future’ by out-innovating, out-educating and out-building our global competitors.

The Minority Business Development Agency (MBDA) of the United States Department of Commerce is the only federal agency tasked to create new jobs by expanding the U.S. economy though the nation’s 5.8 million minority-owned and operated businesses. The minority business community accounts for over $1 trillion in economic output to the nation and provides nearly six million jobs for U.S. citizens.

MBDA experienced record performance in 2010. The Agency created 6,397 new jobs by assisting minority-owned companies in obtaining nearly $4 billion in contracts and capital, an historic high. During the first two years of the Obama Administration, MBDA created nearly 11,000 new jobs and saved tens of thousands of existing jobs while helping minority-owned firms obtain nearly $7 billion in contracts and capital. In FY 2010, MBDA’s Return on Investment (ROI) was 125x, up from 102x in 2009 and from 70x at the end of the prior administration. This speaks to the increased operating efficiency of the agency during this Administration.

The White House's National Science and Technology Council Recognized Commerce's National Institute of Standards and Technology (NIST) and U.S. Patent and Trademark Office (USPTO) for their open innovation efforts [PDF]. NIST's efforts to encourage market transparency and USPTO's leadership in public/private data access have the potential to scale within and across Federal agencies through interagency policy and implementation groups. By leading in this open government initiative, NIST and USPTO set the stage for entrepreneurs to out-innovate our international competitors and win the future.

The U.S. Patent and Trademark Office was recognized for its efforts in democratizing government data, supporting President Obama's initiatives to usher in a new era in which the gap between the American people and their government would close. USPTO initially faced some problems in its effort to publish its data online in a free and open format. The Office had traditionally been providing data through a paid subscription service. It also didn't have funding for technology to publish information online in an open format that could easily be retrieved, downloaded, indexed and searched by commonly used web search applications.

The USPTO opted to partner with Google in a no-cost agreement in which Google agreed to disseminate USPTO's bulk electronic patent and trademark data to the public at no charge. The electronic data includes images and text of patent grants and published applications, trademark applications, patent classification information and patent and trademark assignments.

In the end, nearly two terabytes of data, representing patent and trademark data back to 1790, is now available to the public free of charge on Google, with some 13GB of new data added weekly.

The National Institute of Standards and Technology also received recognition for its efforts in encouraging market transparency with its ongoing coordination of standards for the Smart Grid, the next-generation U.S power grid currently under development. After being called upon by Congress in 2007 to take responsibility for this task, NIST, in collaboration with the Department of Energy, faced the challenge of ensuring the myriad products and services that could connect to the Smart Grid would be able to operate together seamlessly.