New UPSTO Report Hints of More Efficient, Tougher Office

In its annual Performance and Accountability Report, the U.S. Patent and Trademark Office (USPTO) disclosed that it had reviewed a record number of patent applications and trademark applications in fiscal year 2007.

In total, examiners reviewed 362,227 patent applications and attorneys analyzed 323,527 trademark applications, both a record number. In addition, the average time from filing of a trademark application to preliminary examination by an examining attorney was three months.

Even though examiners are seemingly prosecuting patent applications faster, the Report also indicates that obtaining a patent may be getting harder. In 2006, the USPTO's patent appeals board upheld examiners' rejections 69% of the time, up from 51% in 2005. Additionally, the USPTO granted only 51% of patent applications eligible for approval, compared to 2000 when the USPTO granted 72% of eligible patent applications.