Ed. note: This post is part of the Spotlight on Commerce series highlighting members of the Department of Commerce and their contributions to an Economy Built to Last.

Guest post by James Smith, Chief Administrative Patent Judge, United States Patent and Trademark Office

It is my privilege to serve as Chief Judge of the Patent Trial and Appeal Board at the U.S. Patent and Trademark Office. I was appointed to the position in May of 2011 by then Secretary of Commerce Gary Locke. Prior to taking this position I served as the Chief Intellectual Property Counsel for Baxter International, a Chicago-based healthcare company that develops medical devices and treatments for a wide range of human medical conditions. At the company, I led the part of its operations concerned with its patent, trademark and copyright matters. In the current role at the Board, I am part of – actually lead -- a 300-person team, which includes about 170 administrative patent judges who hear appeals from decisions in which the USPTO denies patent rights to applicants. The Board also hears trials which resolve disputes between patent owners and other parties seeking to have patents revoked. All of our cases bring some element of closure to outstanding patent legal issues, thus helping advance the use and protection of inventions in the United States. Our mission is squarely centered on helping innovative businesses bring about an America with great well-being for all.

For me, taking the position at the USPTO allowed me to return to Washington, DC, after being away for more than 20 years. I grew up in DC, and was a big beneficiary of the many educational things it had to offer, such as its historical sites, museums and wonderful cultural offerings. My parents, who taught in the area schools for decades, made regular use of Washington’s cultural richness in their wider instruction of all three of their children. They were big proponents of education, and always insistent that their children learn and appreciate history, including by knowing of the substantial contributions of African-American citizens to the development of our country.

The Commerce Department’s Patent and Trademark Office was honored yesterday for its Patents for Humanity initiative, a pilot program designed to encourage the use of patented technology to address humanitarian challenges. USPTO Director Kappos launched Patents for Humanity in February 2012 as part of a series of Obama administration initiatives to promote game-changing innovations to solve long-standing development challenges. The program is an awards competition recognizing patent owners and licensees who address humanitarian needs around the globe.

“We are honored to be recognized for our Patents for Humanity initiative, which recognizes those who use patented technology to aid the less fortunate,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. “In an increasingly interconnected world, the ability of technology to transform lives is real and powerful. This program plays a key role in advancing President Obama’s global development agenda.”

Entrants compete in four categories: medical technology, food and nutrition, clean technology, and information technology. Winners receive accelerated processing of select matters at the USPTO. Applications to the pilot were accepted through Oct. 31, 2012, with winners to be announced at an awards ceremony later in 2013.

The non-profit Licensing Executives Society International (LESI) presented the National IP and Technology Transfer Policy Award to the USPTO at a ceremony in Geneva Switzerland at LESI’s annual Global Technology Impact Forum (GTIF).

First-of-its-kind campus collaboration will provide USPTO and Commerce resources directly to students, faculty and industry, help accelerate commercialization of new technologies

Today Acting U.S. Commerce Secretary Rebecca Blank was joined by Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) David Kappos and Cornell University President David J. Skorton to announce a groundbreaking agreement between the Commerce Department and Cornell University that will promote growth for American businesses and entrepreneurs. U.S. Senator Charles Schumer (D-NY), U.S. Representative Carolyn Maloney (D-NY), and New York City Deputy Mayor Robert Steel also participated in the event.

Acting Secretary Blank announced that for the first time, the resources of a U.S. government agency and a major research institution will join forces to give students and researchers at Cornell’s New York City Tech Campus (Cornell NYC Tech) direct access to resources that will help them bring their ideas to market and grow their businesses.

By installing a permanent staff member of the U.S. Commerce Department at Cornell’s NYC Tech campus, the department will be bringing its full suite of resources to the university community, helping connect students, faculty and mentors to early-stage investors, intellectual property strategies, export assistance tools, government grants, and academic partners. The partnership will help Cornell’s new academic institution break down the traditional boundaries that exist between graduate education and the research and development of technology products.  Press release

The most significant reform to the U.S. patent system in more than a century is a major step forward as numerous provisions of the Leahy-Smith America Invents Act of 2011 are now in effect. The new rules will spur innovation and economic growth by streamlining the patent application process and introducing new procedures to ensure patent quality. Seven reforms to U.S. patent law went into effect one year after the signing of the bipartisan patent reform legislation by President Barack Obama on September 16, 2011. 

Some of the new rules include three new administrative trial provisions—inter partes review, post-grant review, and the transitional program for covered business method patents—will offer third parties timely, cost-effective alternatives to district court litigation to challenge the patentability of an issued patent; a supplemental examination provision that allows applicants to submit additional information relevant to the patentability of an issued patent to the Office in a new procedure that may protect the patent from an inequitable conduct charge; an inventors oath and declaration provision that for the first time allows assignee filing of a patent application; and a citation of prior art and written statements provision will enable the Office to treat the claims in a patent consistent with how a patent owner represents its claims to the courts or in other Office proceedings.