The United States Patent and Trademark Office (PTO) is still facing a significant backlog in processing applications. One of the problems recently cited by the PTO is that it takes about three years for a patent official to "get up to speed" and in recent years officials have been only staying on the job an average of two years.
This backlog creates problems for businesses as well as a disservice to the public because too often by the time an application is granted approval, technology has changed so much that the original design or product has become obsolete.
Just how bad is the backlog? According to Gerald Mossinghoff, a former head of the PTO, as of December 2008 there was an estimated backlog of 1.2 million applications. The PTO has refuted this number saying it is really closer to "only" 700,000.
According to an article in Government Executive, "Bruce Lehman, who had the PTO's top spot for much of the Clinton administration, said the PTO currently measures success by reducing how many patents win approval. The allowance rate, he said, is the lowest it has been in many years but that inherently drives up patent pendency and the amount of time examiners work on applications."
So, not only is there a crippling backlog, fewer applications - once they are finally processed - are being approved than ever before.
But patent-seekers are not entirely powerless. A key to getting approval is to do your research ahead of time: search and study existing patents; know and complete all the necessary steps; and ensure all information is thoroughly and properly presented. Incorrectly submitting information requires extra time and attention by the PTO - something they do not have.
Information to Help You Navigate the PTO Process: