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Separating search and examination functions, examiners need to differentiate between abandoned, non-deferred, regular Help define patent scope can be delayed for years.. creates uncertainty Adds to insufficient prior art references Not conducive to fast-moving technology * While benefits seem obvious and immediate, studies have shown that this tiered system does not in fact, increase efficiency, reduce backlog, or improve patent quality. * The PTO currently organizes files of patents under a system that differs from industry-based classifications. Particularly in software, various individuals may describe the same invention or claim using difference words, undermining reliable search. * No longer restricted to patents and printed publications * U.S. PATENT REFORM FOR FAST-MOVING TECHNOLOGY Washington Internships for Students of Engineering August 4, 2011 Sponsored by IEEE-USA Jolene L. Wang Yale University OUTLINE Introduction Background Information Key Concerns Issues Suggested Proposals Current Legislation Policy Recommendations Questions Acknowledgements INTRODUCTION Technological innovation – 75% of U.S. growth rate Intellectual property – 40% of economic growth Role of patents innovation economic growth international competitiveness BACKGROUND Intellectual Property Matters Type of IP Rights Covered Copyright original works of authorship fixed in a tangible medium of expression Patent the exclusion of others from making, using, offering for sale, or selling as invention Trademark the use of a word, phrase, symbol or design that identifies a particular product, brand or service Trade Secret privacy of any form of information that is to be maintained as confidential PATENT HISTORY “The Congress shall have Power… To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors, the exclusive Right to their respective Writings and Discoveries.” U.S. Constitution Article 1, Section 8, Cla