Are less continuations the indication of a sound patent framework?

Categories: Umar Hayat

Addressing the Leaders of Innovators Gatherings from crosswise over America on April 17, 2018, at a meeting at the Unified States Patent and Trademark Office, Magistrate for Licenses Drew Hirshfeld (left) imparted a few measurements to those in participation. Something Hirshfeld clarified was that the frequently revealed news that new filings at the USPTO are down is off base. As indicated by Hirshfeld, new filings have been up, and up consistently. What has been diminishing are the documenting of continuations.

“We need to limit continuations at any rate,” Hirshfeld clarified.

I don’t know that is right. Be that as it may, I don’t know it is erroneous either.

A continuation is a consequent patent application for an alternate innovation related the revelation in an earlier non-temporary application (by and large alluded to as a parent application) and recorded before the first earlier application winds up surrendered or protected. The candidate in the continuation application must incorporate no less than one creator named in the earlier non-temporary application. The revelation exhibited in the continuation must be the same as that of the first application and ought exclude anything that would constitute new issue if embedded in the first application. At the end of the day, the innovation in the resulting patent application must be the same as the creation in the first patent application.

Whenever before the protecting or deserting or end of procedures on his or her prior non-temporary application, a candidate may have response to documenting a continuation so as to bring into the application another arrangement of patent claims and to build up a privilege to advance examination by the analyst. At the end of the day, a continuation can be utilized to acquire patent claims on various parts of a revelation and get patent claims that will extend the impression of the eliteness as of now got. To be sure, with a lucrative development having an arrangement of insurance can be critical and very profitable.

From the point of view of the Patent Office, I presume the view Hirshfeld was communicating originates from the conviction that an expansion in the quantity of continuations implies the Patent Office isn’t completing a proper activity of reaching conclusion amid the first examination of the fundamental parent application. Be that as it may, there is substantially more to a continuation.

Continuations are recorded commonly not on account of the examination procedure has been some way or another wasteful or non-convincing, yet rather in light of the fact that the hidden property is so significant the proprietor wishes to have a patent portfolio instead of a solitary patent. Once in a while, with foundational vital or spearheading developments, there will be numerous licenses issuing from a similar parent application. In this way, a diminishing in the quantity of continuations could well flag a capitulation in different ventures, with patent candidates and proprietors not looking for the same number of licenses. This could mean there is an absence of trust in the U.S. patent framework, it could mean there are less foundational critical, spearheading developments, it could be the indication of a patent framework that is not exactly ideally solid.

“A continuation hone is an imperative piece of a balanced patent program,” clarified Mike McLean, an adaptation and valuation master who is Senior VP at TechInsights. “To be actualized effectively, it requires the patentee to keep tabs on its development in additionally creating or executing the innovation identified with what was uncovered in the determination and to see how different players in the innovation space are doing as such too. A significant number of the organizations we see having achievement in commercializing their IP have dynamic continuation rehearses.”

While it is magnificent to hear that the quantity of new patent applications keeps on developing, I don’t trust it is uplifting news to discover that the quantity of continuations is declining. Truth be told, the quantity of continuations diminishing ought to be a canary in the coal mine minute. It recommends less achievement commercializing protected developments, which for an advancement based economy can’t in any way, shape or form be something worth being thankful for.


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