From the conclusion of the GAO’s report on USPTO patent automation systems:
“…[A]fter spending over a billion dollars on its efforts, the agency is still not yet effectively positioned to process patent applications in a fully automated environment; moreover, when and how it will actually achieve this capability remains uncertain.”
I can hear it now: “Yeah, we should give these guys more money….” Great. Just great.
The Government Accountability Office has issued a report of its review of the progress of the USPTO on its various patent automation projects, including the Image File Wrapper (IFW) system and the Electronic Filing System (EFS).
View and/or download a .pdf of the report here.
The Report is harshly critical of the Office, noting top-level failures:
“USPTO’s ineffective planning and management of its patent automation projects, in large measure, can be attributed to enterprise-level, systemic weaknesses in the agency’s overall information technology investment management processes.”
The recommendations of the report are equally harsh. One is that the Office reassess and, where necessary, revise its approach for implementing information systems that support automation of the patent process. In essence, the GAO is recommending that the Office return to the drawing board to rethink the way it implements IT before it proceeds with any new initiatives.
I’ve been critical of the USPTO EFS and IT systems generally for some time. I think this negative report is a positive for the community as it may serve as an impetus for changes.
But, then again, maybe it won’t. Jon Dudas, in his written comments that are included in the report, concluded that “[i]n light of the progress that the USPTO has made even during the period of GAO’s assessment, we do not believe that such significant gaps exist as to warrant a pause and reassessment of our key management processes.” Dudas did acknowledge some weaknesses and described changes that have already been made.
At it’s best, the Report will cause delays in planning and implementation of new systems at USPTO, such as a simplified EFS that can be used by everyone. At it’s worst, the Report might give appropriators pause before allocating additional funding to the Office.
Isn’t it sort of odd that the Copyright Office has caught on to the RSS thing, but the Patent and Trademark Office appears to still be in the dark on the issue? I always have to bow my head in a moment of silence when the PTO gets out-tech’d by its governmental brethren.
I really wish someone at the PTO would read and comment on my post from earlier this year, 5 for '05: A tech challenge for the Patent and Trademark Office. In it, I outlined five simple technology improvements the Patent and Trademark Office can and should implement during 2005.
I originally listed the five improvements in no particular order. Looking back, it is interesting to see RSS listed as #1, though.
Looks like the Copyright Office employees will get their RSS t-shirts before those at PTO.
If you want one, visit the RSS Store at Cafe Press
Look here for information on and help with the Copyright Office feeds.
Many patent lawyers are still unaware that the assignment records of the United States Patent and Trademark Office are now available, and searchable, via the web. In fact, just last week I spoke with a patent attorney who told me that his firm still opens new matters for chain of title investigations and still requests physical searches of the records at the Patent Office. I suppose there might still be a need for this when you have to be absolutely, positively 10000% accurate (or when you suspect there is a conveyance not recorded at the Patent Office). For most chain of title situations, though, a web search of Office records should be sufficient.
How many firms are still preparing memorandums to clients that parrot back assignment data located in a search simply because they are unaware of the availability of this new web-based resource? How much money is being wasted by the innovators of the world on these services?
Last week, I had an idea on how to illustrate the absurdity of the situation. Buzz Bruggeman, everyone’s favorite software evangelist, was at LexThink with me and we were discussing innovative ways to use ActiveWords. Then it hit me….I would love to have an ActiveWords script that prompts me for a patent number and then passes that number to the assignment search form at the Patent Office. I hadn’t finished verbalizing my idea before Buzz started tinkering on his laptop. He literally wrote the script during LexThink (with a little help from his tech support back home) and demo’d it to me later in the afternoon. How’s that for Texaco-like customer service? Fantastic.
Now, with the help of ActiveWords, I can have a complete abstract of a patent’s chain of title, based on Patent Office records, in about two seconds. Seriously. With a little modification of Buzz’s script, I can produce a .pdf of the chain of title and print it in about ten seconds. A few more, and the .pdf is on its way to my client via e-mail, probably before I hang up the phone from the client's call with the initial request.
If you’re a patent attorney or other professional that has a need for patent chain of title information, download ActiveWords (if you haven’t already) and send me an e-mail. I’ll share the script.
If you’re a client of a law firm that still takes days (weeks?) to provide chain of title information, you should ask them why it takes so long. I’d be interested to hear any answers you get.
And, yes, I have a trademark script as well.
I almost forgot:
Ideas. Lots and lots of ideas.
I’ll post soon about the goings-on at the ABA Techshow and LexThink. For now, this stream-of-consciousness post will have to do:
Wow. Amazing. People who “get it.” Revolution(?). Fun. Mark calendar every year. Tips. Contacts. 3:00 AM. Energized. Proud. Friends. Like-minded people. What took me so long to find this group (billable hours?). Change. Change. Change. Better. Client. Focus. Improvement. Competitive advantage. Rethink(ip). Connect. Blog. Blawg. Evangelism. Pope. I’m not crazy. Future. Network. Help. Practice-changing. Support. Life-changing. Tired. Interesting. What’s next? Define it. It. Thought leader. Goals. Inspiring.
The American Bar Association’s Techshow takes place later this week. I’ll be in attendance. If you’re going, please make sure to introduce yourself. If you’re not planning on attending, hurry-up and get registered. At least mark this time on your calendar for next year.
The schedule is jam-packed with techno-oriented seminars. I’ll have my trusty TabletPC and plan to blog during the show, at least a little bit.
I’ll give a full rundown awfter the show to help people decide whether they should attend next year’s show (hint: you should).
And plenty of other bloggers are going too. Its a great opportunity to meet your favorite legal bloggers and ask the questions you’ve always been afraid to leave in the comments.
Amazon is now shipping the Adobe Acrobat 7 PDF Bible, by Ted Padova. This latest version of Padova's Bible includes extensive discussion on the newly added and/or expanded features of Acrobat that lawyers and their clients will find useful, including the new comment/review system and the use of Acrobat with Outlook.
My copy just arrived today. I just finished one Bible...now its time to start another....
David Swanner of the South Carolina Trial Law Blog has posted his list of Twelve Ways Technology Can Make You a Better Trial Lawyer as a guest contributor to the Notes from the (Legal) Underground blog. I think the post is interesting from a general perspective for two reasons:
First, five of the dozen items involve blogs. Five. Nearly half. I think a similar list could be made for each specialization in the law, and suppose that all of these lists could include the same five items.
Second, Al Nye made a simple comment regarding the entire list that, I believe, summarizes the state of blog-adoption by the legal community: "Now if lawyers could only learn to use those products..."
I still have the impression that lawyers (all of us; not just particular specializations) are generally unaware of the wealth of information available in blogs. Its not that lawyers are ignoring blogs or making choices against the use of blogs. I think most lawyers have no idea of the value that blogs offer. Of those that 'know about' blogs, very few are actually using them in their daily practice. This is particularly frustrating with blogs because RSS technology makes it so simple to incorporate these resources into a practice.
I guess we'll just have to keep trying to get the word out...
If you're new to the world of blogs and you have questions about the whole RSS thing, please check out this RSS 101 Screencast from Alex Barnett. In just a few minutes, Alex delivers a wonderful visual tutorial on getting started with RSS.
To get started with intellectual property blogs and RSS, I recommend viewing Alex's screencast and then reading this prior PTP post on Getting Started with IP Blogs. You'll be reading a fine collection of IP blogs via RSS in no time!
On a side note, I discovered Alex's screencast via the Web Tools Collection blog, which is maintained by Mark (Madhujit) Ghosh, a fellow Toledo Blogger.
TabletPCBuzz.com has posted the first in a series of articles that promises to explore "the opportunities the Tablet PC platform brings to the practice of law." Tom Bishop, a Microsoft MVP for the Tablet PC platform since January 2004, is authoring the series. The first article presents a brief history of the legacy tools, and their limitations, used in the practice of law. From the title, Back to the Future with Ink, the next article in the series will likely deal with the tablet specifically.
Over the last two years or so, I've started taking free wireless internet access for granted. Whenever I travel, my assistant always checks to make sure the hotel has wireless available (for hotels I visit regularly, she even knows which rooms are closest to the access points, and makes reservations accordingly). The number of hotels providing free wireless access is exploding, and I've never had any trouble getting access.
Until last week.
I was staying at a hotel I had never been to before. When making the reservations, my assistant asked whether wireless was available in the rooms. The answer wasn't merely a yes, but a confident "of course." Upon arrival, I had no trouble locating the network...I just couldn't access it. Turns out, the wireless I detected in the room was the hotel's private network (confirmed by the manager; technically, they hadn't lied to my assistant). Internet access in the rooms was only provided through the data-port-lamp that I've learned to hate so much over the years. And the kicker? $12.95/day for wired access.
I needed access and didn't have time to find alternative arrangements, so I paid the fee and worked through the lamp for three days. I didn't have a patch cable with me, so I was forced to stick it out at the desk each evening.
I decided to honor the Boy Scouts, and vowed to be prepared the next time I'm faced with this situation.
I considered buying a 25' patch cable and always carrying it with me, but the cost of such a cable (probably $25-35) didn't seem worth the investment considering the bulk I would have to carry and the fact that I would still be tethered to that lamp. Next, I looked at a class of devices I didn't fully understand until after this experience...portable routers/access points. These are compact devices that you connect to any broadband connection (such as the lamp) to create a wireless internet connection. Perfect (it doesn't eliminate the access fee, though...). I read several reviews (making use of my $12.95 for one particular day), and settled on the SMCWTK-G from SMC Networks (product page here, review in Laptop magazine here). Now I'm prepared anytime I'm confronted with the lamp problem.
I've even thought about using the SMCWTK-G at home. Why? Another level of security. I have a wireless network at home. Its WEP-encrypted, but, the wireless is always on and WEP is not without troubles. With the SMCWTK-G, I could just plug it into the nearest ethernet jack whenever I need wireless and unplug it when I'm done. I could do this with my existing wireless access point, but the SMCWTK-G makes it so easy.
For the hotel problem, I also thought about buying a wireless sniffer. These products detect wireless networks and save you the trouble of booting up your laptop and becoming a wi-fi zombie (wandering around with laptop in hand, focusing on nothing but the wi-fi signal bars on the screen). But, I've decided these devices aren't ready for prime time yet. There are plenty that will do an acceptable job, but I want a device that does more than just tell me if wi-fi is present. I want to know the SSID of the access point and whether or not the network is encrypted (i.e., is it available to me). I thought I found the perfect solution with the Canary Wireless product, but further investigation revealed some problems with the device. For example, the device doesn't detect the presence of several wireless access points, including popular models from LinkSys and D-Link. I'm watching this product, though, and will likely buy it once these problems are resolved.
Lastly, I tried to determine which wireless directory is the best. I settled on JiWire. You can search by geographic area, and can even limit your search to hotels, airports, etc. Best of all, though, is the downloadable directory...its perfect for those times you find yourself in an unfamiliar area without a connection.
I did check, and JiWire would likely have saved me the $12.95/day on that recent trip. A cafe just outside the hotel has free access. I could have avoided the lamp altogether had I been prepared....
One of the things I like best about Acrobat is the ability to apply electronic stamps to documents. These allow you to mark a document in much the same manner as you would with a rubber stamp — “sign here,” “draft,” “confidential,” etc. The new version of Acrobat Professional makes it even easier to add and organize custom stamps. I have already created a group of patent prosecution stamps and organized them into a category. When viewing a .pdf document, I can apply any of these stamps simply by choosing the “Patent Prosecution” category and picking the stamp from a set of handy previews in a menu. So simple.
I designed the two stamps in this post for utility applications. The DRAFT stamp, appropriately enough, is intended for applications sent to clients for review. It can easily be modified to include a version number and revision history, if necessary.
The AS FILED stamp is intended to clearly mark the version that was filed with the patent office. Ever look at two versions of an application and wonder which the Examiner has? Have your clients? I avoid this situation by using a file naming system. While this works for me, it does not give any visual indicator on the document itself and it conveys no information to people not familiar with my naming conventions. The new stamp, which I use in conjunction with the naming conventions, eliminates these problems.
Clients, by the way, love them. A simple technology solution that is incredibly effective.
I’ve been using the full version of Adobe Acrobat for several years and am a firm believer that it is a true power tool in the practice of law. I always upgrade when a new version of Professional is released, and have realized new benefits in my practice with each new version.
Adobe recently released Acrobat Professional 7.0, and, without hesitating, I upgraded. Earlier this week I installed the upgrade and read the brief ‘manual’ provided by Adobe.
In the 30 minutes it took to thoroughly read the manual (with highlighting and notes — it is indeed only an overview), I developed several ideas for improving my practice based on new and/or improved features of the software. This seems to always happen with each new version of Acrobat, but the number of ideas I have surrounding 7.0 is amazing.
I think, in time, 7.0 will prove itself transformative to my practice, allowing me to deliver my services more effectively, and more efficiently. I’ll soon post a list of ideas I plan to implement. Feel free to ask questions and/or provide comments on any of them.
Yesterday I recalled a discussion I had with a partner in a large firm about the effective use of technology in the practice of law. He had just returned from a trip to Japan to meet with clients and other attorneys. This partner is a self-professed gadget guy and proudly wears the badge of an “early adopter.”
His view on the subject was (is) that technology in a law firm is all about arming the firm’s attorneys with the right gadgets. “Give everyone a Blackberry so they can answer and send e-mail at all hours of the day!” A common technology ‘strategy’ amongst larger firms.
His technology strategy worked, apparently, for that particular trip: he proudly boasted that he had “out-gadgeted” the Japanese counsel, apparently impressing the client.
Reflecting on that discussion made me realize two things:
1. Effective use of technology in a law firm is not about gadgets; and
2. Some lawyers and firms believe that it is about gadgets and using them to impress clients and others
I’m a gadget guy myself. But, as I see it, gadgets aren’t the solution for clients. Gadgets tend to make my life easier (Tablet PC, wireless keyboard, Blackberry, etc..). But my technology strategy is for the clients. It focuses on this question: What technology tools can we use to make their life easier?
So our technology strategy has nothing to do with gadgets. Rather, it includes software solutions like MindManager and MovableType: tools that allow us to deliver new and effective services to our clients. Soon we’ll be delivering customized RSS feeds.
Don’t get me wrong — I’m not ditching my Blackberry anytime soon. But, when I think strategically for our clients, I believe non-gadget solutions are more effective and useful.
When we formed our firm, we brainstormed various technology initiatives we wanted to implement. We are all techies, so the exercise quickly turned into a pie-in-the-sky free-for-all with no boundaries, which, of course, is the best kind of brainstorming...
I recently reviewed my notes from those initial meetings. On one sheet, I had listed our big picture ideas -- things that we thought would vastly improve our practices and improve our quality of life in the process. I was floored. In less than a year, we have implemented most of them. Not just the small stuff, either. Several of those big picture ideas are now living and breathing in our office.
Three examples:
1. VOIP Telephony
Our senior partner spends time in Florida, and we thought it would be great to have a setup that allowed him to sit at his notebook, wirelessly connect to the internet, and click to talk to any of us. We started out by getting quotes on a new phone system. Too expensive.
But, then we discovered Skype. Now, we all have headsets on our laptops and can call each other from anywhere. The quality is amazing...better than calls over traditional phones, it seems. We have literally tested this around the globe, including calls from Perrysburg, OH to China. Flawless. And free.
2. Access to any file, from anywhere
We thought it would increase efficiencies if we were able to access all of our files from anywhere in the world. If a client wants to change the agenda at an on-site meeting, we should never be the reason other items are not discussed ("I didn't bring those files with me...."). Initially, we looked into VPN servers, managed hosting, and full-blown internet document storage solutions like DocumentMall. We couldn't find anything that gave us all the features we wanted.
Then I read Jim Calloway's post on the Mirra Personal Server. I had read about Mirra before and thought about using it to backup my files at home, but I hadn't thought about the possibility of using it to create a secure extranet until I read Jim's post.
We decided to give Mirra a try (can you go wrong for $400?). Guess what? It works. Beautifully. We now have a realtime backup of our entire file system that is securely accessible from any internet connection. We can even securely share documents and folders with others, giving us a client extranet to boot.
We have ideas for improvement of Mirra (e.g., file backup by ftp to enable offsite backup; improvements to the online user interface, etc), but overall this is a great solution.
3. Scanning of all documents for electronic storage
I can't remember our original need for this capability (there are so many...file space, sore shoulders from carrying files, etc...), but I do remember that we all thought this was out of our range. No way it can be done on our budget.
Guess what? It can. Lanier makes a family of network copier/printer devices that also scan. Our Lanier 232c serves as our primary printer and copier, and is used to scan everything. Scan direct to e-mail, to an internet location, or to a network storage device (we can literally browse our network on the control panel and place the document in a particular folder).
Combine this with the Mirra and guess what...we can work on any matter from anywhere in the world. Not bad for a small firm.
By the way, regarding the notes I mentioned at the beginning of this post, I reviewed a scanned copy last night by accessing the Mirra from home over a wireless internet connection shortly after talking with Steve Nipper via Skype. No kidding.
I thought it would be fun (and potentially very helpful) to start the blogging new year with a challenge to the United States Patent and Trademark Office. The subject? Technology, of course. The scope? Simple. Easy stuff that doesn't require an Act of Congress or promulgation of rules and regulations. Everything here can be accomplished readily during the course of 2005.
So here it is: Five simple technology improvements the Patent and Trademark Office can and should implement during 2005.
In no particular order:
1. Start using RSS. The potential here is enormous (think individual feeds for patent classifications, art units, etc.) but we want to keep it simple. So start with a simple news feed. Maybe get fancy and add a few (patent, trademark, federal register, etc.). RSS is making headway in government, and the Office, as a technology agency, needs to get on the bandwagon.
Put the simple feed(s) in place and then turn to building bigger, better, and more comprehensive feeds. Clearly there is interest in this service.
2. Make EFS software easier to download and install. The electronic filing system is underutilized because it is still cumbersome and intimidating. The Office has undertaken an enormous project in getting the system in place, but something needs to be done to increase the adoption rate. Congress has offered only minimal economic incentives to file patent applications electronically and has limited the incentives to a small fraction of applicants. This, alone, will not increase the adoption rate. So the Office must minimize the technological barriers to adoption and make it extremely simple to begin using the system.
An example? The latest version of the EFS software requires three separate downloads.
So here is the challenge: Package the required software into a single download and create a simple and familiar installation package (e.g., a Windows installer type interface that confirms installation of all components from a single package).
3. Make .pdf's of published applications and issued patents available for download. Getting .pdf's of patent documents can be a real nuisance (thankfully, Nipper regularly updates 'The Guide'). Enough already. It shouldn't be this difficult. The Office has the images; make them available. Eliminating the viewer plugin would be a bonus.
4. Pick a portion of the website and completely redesign it. The entire website needs an overhaul. The site includes an enourmous amount of information, but the overall design and organization makes it difficult to locate and use a large amount of the available information. A complete overhaul is a massive project. The focus of this challenge is simplicity. So, redesign a portion of the site, possibly as a testing ground for a future overhaul of the entire site.
The portion chosen is largely irrelevant. Personally, I would suggest the patents home page. I visit this page numerous times each week, and am still confused by its layout and organization. If you haven't seen the site, check it out. I think you'll agree.
5. Make the Laws, Rules & Regulations, and Manuals more accessible online. As an example, the site for the Manual of Patent Examining Procedure (MPEP) is less than ideal (not to mention difficult to find from the patents home page. See #4).
Make these documents easier to use right from the website. Add search forms, etc. These documents control practice before the Office -- they should be easy to access and use. For the challenge, pick one and make the change. As with #4, use it as a testing ground for the other documents.
Again, the document chosen is largely irrelevant. I suggest the MPEP for entirely selfish reasons.
That's it. 5 for '05. Here's hoping we'll see some of these ideas implemented this year.
Link: Mindjet recently announced its release of MindManager X5Pro v. 5.2. MindManager is a wonderful tool for brainstorming (see this prior PTP post). But, it goes farther than that. The program is one of those rare tools you enjoy so much that you seek new uses for it. I have spoken to several people that bought MindManager as a brainstorming tool, only to extend it to other uses because they find it so powerful.
This program is currently top on my list of favorite software. I updated my version to 5.2 last night, and am looking forward to exploring the improvements.
According to Mindjet, the primary benefits of Release 5.2 include
* Support for teams via large scale or server based deployment
* Usability Enhancements
* Information Management Enhancements
* Improved Performance
* Tablet PC "Lonestar" Support
Link: I noticed this patent .pdf service the other day. Order a patent, and get a .pdf as an e-mail attachment. Patents of 10 pages or less are delivered for just US$1. Additional pages cost ten cents each.
As an alternative, I have installed the pat2pdf script on my Windows XP laptop, and am downloading .pdfs of US patents and applications for free. See this prior PTP post.
Link: Via Licensing Corporation, a subsidiary of Dolby Labs, is calling for WiMax patent holders to join a licensing pool "...with the ultimate goal of creating a portfolio of essential 802.16 technology that can be offered to companies at a single license price."
WiMax is the next generation wireless technology that promises dramatically increased speed, and distance measured in miles and tens of miles. With WiMax, you might never be disconnected. Think of driving down the highway, jumping from WAP to WAP and always being connected.
WiMax is being implemented under the 802.16 IEEE standard, and Via is hoping to pool patents it believes are essential to the implementation of the standard. The company defines the prospective group of patents as those "...that have one or more claims that would necessarily be infringed by the implementation or use of the 802.16 standard."
Interested patent holders have until November 19 to submit patents.
An announcement from Via is here.
I recently installed the pat2pdf script on my laptop. The script allows me to download free US patent .pdf's right from my XP desktop. Again. Thanks go to Canadian attorney Peter Eliopoulos for documenting the nuts and bolts of getting the script to run on XP.
Peter's install notes are here.
Nipper added some of his own notes.
Here are notes from my installation experience:
1. Regarding Peter's step 1, Nipper wondered if he needed both the bin and src files for the cygwin packages Peter instructs us to download. I'm guessing the src file is the source code for the package, so I skipped these files. My installation is working - you only need the bin files.
2. In Peter's Step 5, he instructs you to run the mount command in the cygwin bash shell. My aging eyes didn't detect that there are two paths listed for this command (I typed Peter's instruction in as one continuous path). Thus, in this step, you must enter the command as follows:
mount D:/patents [SPACE] /patents
Each of the paths is the patent download directory you created in Peter's step 3. The first instance includes the drive letter. The second doesn't. The [SPACE] between the paths is a single space (i.e., don't type in [SPACE]). Not recognizing this added about 30 minutes to my installation. Damn this small screen on my tablet PC....
3. Nipper reports trouble with the CD command. CD is working fine for me, but I have no clue as to why. Peter is looking into it....
The script works beautifully. Thanks again, Peter.
Link: The PDF for Lawyers blog has reported on the incompatibility of Microsoft's digital ink technology in Tablet PC's with Adobe Acrobat and the .pdf file format (commenting on a post from Phil Windley in Windley's Enterprise Computing Weblog).
I've been working with a Tablet PC for over two months now, and use the tablet features in a variety of situations (in fact, I'm writing this post in my own handwriting.) Overall, I love the form factor and am finding new uses for the tablet in the practice of law all the time. Considering the rapid growth of the .pdf file format in the legal community, extension of digital ink functionality to Acrobat should be at the top of Microsoft's (and Adobe's) must-include list for future versions.
If Microsoft and/or Adobe engineers need an example of strong pen functionality in a non-Microsoft software title, they should check MindManager X5 Pro from Mindjet.
Link: After posting my thoughts on possible improvements in USPTO technology, I came across this post at VarChars detailing a script that generates an RSS feed for search results from the USPTO search page.
Once the script is up and running, you can point your feed aggregator to a defined feed, getting up-to-date search results in your aggregator.
VarChars is hosting some sample RSS feeds. For example, an RSS feed of a search for published Microsoft applications is here.
Competitive intelligence while reading feeds. I love it.
The USPTO has made significant progress in its e-government initiative, including several key additions and improvements during 2004. Overall, as a customer, I believe the Office is doing a fantastic job. With blind faith, I would guess that the PTO has to be one of the elite in technology enabled government agencies (which, of course, is as it should be).
But there is room for improvement.
The following is a list of my favorite "technology features" of the USPTO, followed by 4 ideas for improvement.
5 Favorite Technology Features
1. Public PAIR
The recently announced deployment of Public PAIR and the IFW system is a major milestone in the PTO's e-government initiatives, and a major step forward for the patent process (and policy). Now, anyone with internet access can view the file history of any public application as it moves through the process and after a patent issues. Anyone. Anywhere. The best part...you can download the file history, or just selected portions of the file history. Kudos to the PTO for making the download system a dream -- the product is a bookmarked .pdf that includes the documents you selected. Beautiful. I plan to write a post in the near future as to the beneficial effects I believe this will have on the patent system and policy generally. Needless to say, I think its a big deal.
2. EPAS and ETAS -- Electronic filing of assignments.
A simple idea -- scan an assignment, send it to the USPTO for recordal, and receive confirmation. It took awhile to make this a reality, but it is here, and it works wonderfully. I am now using this exclusively. Confirmation of receipt is sent immediately, and recordal information is typically sent within a day of filing, though I suspect this will increase as more people begin to use the system. This actually saves money, too. Because of the relative speed of the process, the associated file is handled less and a form letter is eliminated, saving the client money.
3. Searching patent assignments online
Another simple idea. Place the USPTO assignment records on the web, available to all. Again, it took awhile, but its here and its a great tool. So many times we come across patents and published applications that are not assigned on their face. To investigate in the past, a manual search of records was needed. Needless to say, this is an expensive and slow process for a small piece of information. Now, anyone with internet access can search the assignment records on the web, getting a full picture of a chain of title. And, in what is becoming typical USPTO fashion, the seach form is simple and easy to use.
4. Google-like interface for searching patents and published applications
When you don't need an advanced search (which I don't most of the time), the USPTO "Quick Search" is wonderful. It has an amazingly simple interface that makes it very easy to use. And to thing Google is getting $85/share....
5. The Inventor's Resources page
The USPTO has done a great job of collecting information that is useful for inventors. I send people to this page all the time.
4 Ideas for Improvement
1. Make the patent laws, rules, and MPEP more user-friendly on the website
These resources are available on the website, even as downloadable pdf files. A document viewer and fully linked version, available on the website, would be particularly useful. One that is always up to date would be ideal.
2. RSS feeds
An RSS feed of news from the USPTO, including general announcements, federal register notices, etc., would be greatly appreciated. If the USPTO would like to take this idea to the next level, RSS feeds of newly issued patents and published applications (organized by class/subclass?) could be offered. How about a feed by Customer Number (think about it, a list of outgoing USPTO correspondence in your aggregator....).
3. Real time filing data
A website where filing data, not content, is collected and available to he public. Make it easy to search for number of filings in a particular class, subclass, from a particular state, city, etc. The trick -- keep this up to date, at least every day. I would bet the data is there, it just needs to be web-enabled and made user-friendly.
4. Revise the patent document
The patent document (and the published application document) that we all know and love is not as useful as it could be. A previous PTP post lists some ideas on changing the document to make it more useful -- I won't revisit the ideas here. The general thought is that the patent document is a tip of an information iceberg, and the USPTO could make the document so much more useful to the public. Public PAIR accomplishes some of this in a seperate system, but more can be done....
I recently began using mind mapping software as a tool to document the ideas that arise in brainstorming sessions. A mid map, for those not familary with the basic concept, is a graphical representation of information organized into categories and subcategories. Typically, a central main category is divided into several subcategories, and so on.
A brief definition of a mind map is here.
A brief set of instructions on how to mind map, generally, is here.
Several sample mind maps are located here.
I've noticed in several brainstorming sessions with inventive personnel that, too often, the session ends by focusing on one or two of the main ideas that everyone "liked". These ideas are then processed (invention disclosure written, etc.), while the others are largely forgotten. In worst case scenarios, the other ideas aren't even documented.
The mind map is an easy way to document all ideas that are generated during a brainstorming session, and can be an effective way to focus the efforts of the group on a particular problem.
Recently, I began using MindManager X5 Pro from Mindjet. This software is amazing. It takes mind mapping to a higher level. Not only does it procuce beautiful mind maps, but the software also has several advanced mind mapping features. For example, it allows you to link documents into the map (including hyperlinks to internet locations -- a really neat trick is to deep link to images at the PTO server). The software also allows you to label categories and subcategories with color-coded markers. You can then filter your map to display only those items with a desired marker or markers. The software is also tablet enabled, including a "tablet mode" that works very well.
In three short months, this has become one of my favorite software packages. I receommend it highly to anyone who has a need to make more useful mind maps.
I've noticed that engineers and scientists are very prolific inventors, but are not so prolific writers of invention disclosures. Have you ever heard "we invented that a few years ago...", followed by silence when asked about the invention disclosure? People are usually suprised when they learn the difference between inventions and invention disclosures.
I've had a radical thought recently. Its not their fault. Its ours. The legal folks should do everything in their power to remove barriers within an organization that effectively censor the inventors. The administrative process associated with filing a disclosure can be intimidating, and may be the thing that is limiting the documentation of inventions.
Here's an outline of a system that just might help the process:
First, arm your inventors with Tablet PC's. The functionality of these computers is amazing. Engineers like to draw and illustrate. The tablet form factor allows them to do that, and gives them the power to document an invention immediately (I bet most "inventions" don't happen at the desk, but rather in the lab, at a lunch table, or in a meeting).Second, set up a wireless network that permeates your facility.
Third, design an invention disclosure form that allows the inventor to describe the invention in the manner they prefer -- sketching, writing, or both. The form should allow for quick completion of the administrative details on the Tablet PC (e.g., do you ask the inventor to complete a "Department" field? If so, make it a drop-down list, not a text field to be filled in). Lastly, the form should include a button that sends the form via e-mail to a designated inbox (I'm thinking "inventions@yourcompany.com"). The patent group can review the inbox regularly, and feed the disclosures into its internal processing system.
Most importantly, the technology is available today:
Toshiba Portege Tablet PC (I love this machine)
Linksys Wireless G Access Point
Adobe Acrobat Professional (use for creating forms)
Creating Adobe Acrobat Forms by Ted Padova (a wonderful resource on Acrobat forms)
Link: The Japan Patent Office has a hyperlinked list of patent offices around the world. The list appears to be updated occasionally, with China being added recently.
Link: In a speech highlighting technology trends for businesses, Bill Gates described the benefits of blogs and their potential as a business tool.
After months of thinking about it, I bought a new tablet computer two days ago. I have been lusting after a tablet for some time, and have been thinking of several very interesting possibilities the platform presents for a law practice. After months of thinking, researching, and debating, I decided to buy the Toshiba Portege M205-S810.
I went with the M205 primarily for two reasons. First, its a convertible (a laptop and a tablet). I'm not ready to ditch the keyboard, and I think the combo approach is best. The slate form factor may work in certain environments, but is not likely to work well in mine. Second, the M205 is being heralded by experts and the community alike as the best tablet yet. The specs are great, and if the tablet experts are happy, I figured I would be as well.
I plan to post some general thoughts on the tablet platform from time to time, and welcome any and all questions and comments regarding the same. Also, I'll create posts that summarize any helpful resources I find along the way.
For starters, try the following:
Link: PC Magazine gives Editor's Choice Award to the Toshiba M205
Link: Dennis Kennedy wonders if OneNote is the next killer app (I'm beginning to think it is)
Link: Dennis Kennedy's Tablet PC for Lawyers page (a collection of links)
Link: I've been reading Dennis Kennedy's materials on legal technology for years. The linked article discusses the advantages small firms and solos have over large firms when it comes to innovation and technology in the delivery of legal services. I've read the article before, but it truly hits home now.
I recently left a large (100+) attorney firm for a small firm in my hometown. I started my legal career at the large firm. I'm a certified technology freak, and knew from the beginning that I wanted to apply technology to build a better legal practice. When looking for my first attorney position, I thought the resources of a large firm would allow me to experiment and develop the practice I envisioned.
I was wrong.
The structure of the large firm made it a slow fish by nature -- a tech committee that rarely meets, established lease contracts ("...Here's your Dell, take it and love it. We'll be back in three years to swap it."), and little interest in change to its approach on technology. It brought nothing but frustration. Major technology moves at the large firm included incremental changes such as implementing a web e-mail interface and deploying an army of Blackberries.
Not what I had envisioned.
I left the large firm to come home to family, not because of my technology frustrations. But, now that I am in a small firm, my frustrations have all but disappeared. This is a side benefit of my move, and one that I am only beginning to appreciate. Technology committee? Its me. Want to use OpenOffice instead of Microsoft? Go for it. Need a new all-in-one? Go to BestBuy this afternoon. This is amazing, and I'm loving it.
Blogging is a perfect example. I started this blog at about the same time I left the large firm. I had thought about blogging for at least a year prior to my departure, but didn't act on it for a variety of reasons. After my switch, I introduced other attorneys at the new firm to the blog and blogging generally, and they loved it.
Shortly thereafter, Dennis' article hit home. Within two months of my arrival, a senior (77 years old) attorney in our group left for Florida. Not to retire, but to live there part time. He wanted to keep up on the goings-on in the office. The solution? A private blog. I suggested it, and we ran with it. That evening (remember, we don't have to wait for committee approval), we set up a TypePad account and created the blog. Now the cool part. We have a 77 year old attorney who blogs everyday...and loves it. All of the admininstrative staff enjoy it as well.
Its the perfect solution that only a fast fish would get.
Could I have gotten that done at the large firm? No way. Truth is, I probably wouldn't have been asked.
Did you know you can deep link to the images of a specific patent at the USPTO web site? I often use this trick in electronic communications to provide a link to a specific patent. Its an alternative to sending an attached file, and arguably is an easier way to provide the reader with electronic access to the patent. I say arguably because there is a caveat to this trick -- the reader of your electronic communication must have the browser plugin for viewing USPTO images. If you suspect they don't have the reader, it may be easier to download and attach a .pdf.
The USPTO currently provides two image servers for issued patents. Use the links below to create a deeplink to a specific patent. Use the first link for patents having the two final digits of 00 to 49, and use the second link for patents having the two final digits of 50 to 99. In each link, replace NNNNNNN with the patent number (note the preceeding zero in the link).
http://patimg1.uspto.gov/.piw?Docid=0NNNNNNN&idkey=NONE
http://patimg2.uspto.gov/.piw?Docid=0NNNNNNN&idkey=NONE
Try it out here: