U.S. Patent and Trademark Depository Library Program

1. U.S. Patent and Trademark Depository Library Program WIPO Regional Conference on Technology and Innovation Support Singapore, May 2010

2. Agenda • Introduction to PTDL program • What are PTDLs? • What are Partnership PTDLs? • Short history • Becoming a PTDL • Statutory Fee • Obligations • Benefits • Users • PTDLs public offerings • Accessibility to patent information • Assistance • Special offers by Partnership PTDLs • Additional Search Services by USPTO

3. What are PTDLs? A Patent and Trademark Depository Library (PTDL) is designated to: • Receive and house copies of U.S. patents and patent and trademark materials • Make them freely available to the public • Actively disseminate patent and trademark information PTDL are authorized by 35 U.S.C. 12 to: Disseminate patent and trademark information Support diverse intellectual property needs of the public

4. The patent premise • The premise of the patent system lies in its mutual benefit to both the inventor and the country • In return for full public disclosure, a patent offers certain rights to an inventor for up to twenty years, during which time the inventor may exclude all others from making, using, importing or selling his/her invention • The patent is published and disseminated to the public so that others may study the invention and improve upon it The dissemination of patents to the public has long been one of the primary missions of the U.S. Patent and Trademark Office (USPTO)

5. What are Partnership PTDLs? • PTDL Partnership Libraries are open to the public and provide specialized services for people seeking patent and trademark information beyond those provided by other PTDL libraries • These services may require a fee, but include services and resources available otherwise only at the Patent and Trademark Office in Washington, D.C.

6. PTDLs are in every U. S. state and Puerto Rico • The U.S. Patent and Trademark Office (USPTO) has specially designated over 80 libraries throughout the U.S. as Patent and Trademark Depository Libraries (PTDL). • Four of these libraries are further designated as "PTDL Partnership" Libraries All libraries regardless of size or mission must meet the same PTDL requirements and obligations

7. A short history • The PTDL Program began in 1871 when federal statute (35 USC 12) first provided for the distribution of printed patents to libraries for public use • In the Program's early years, twenty-two mostly public libraries elected to participate • Since 1977 the PTDL network has grown to four times its original size (80+) • Currently, about half of the membership is academic libraries, but includes many public libraries and several state libraries

8. Becoming a PTDL Statutory fee: • Recognition as a PTDL is derived from the provisions of Title 35, Section 12 of the U.S. Code , which allows for the distribution of patent copies to libraries for an annual statutory fee of $50

9. Obligations of PTDLs • Pledge to acquire a minimum of a 20-year back file collection of U.S. utility patents issued 20 years prior to the date of designation. Such a back file is available from the USPTO on DVD-ROM. However, some portions of back files of patents on paper, reclaimed from PTDLs, occasionally are available to a newly-designated library that wishes to acquire them. • Make access to patents and trademarks and all other depository materials freely available to the public. • Protect the integrity of the collection so that the patents and trademarks and other documents and publications provided to each PTDL by the USPTO remain available to the public. • Maintain a collection of the classification systems and other patent and trademark related publications and documents which are critical to the effective utilization of patent and trademark files. Although not mandatory, it would be helpful if the library were a recognized Federal Depository Library under the provisions of Title 44 of the U.S. Code and, therefore, a recipient of many such documents via the distribution system of the Superintendent of Documents. • Retain any depository copies of patents until, at the initiative of the library, disposal of them has been arranged through the USPTO. The USPTO retains the right of first refusal to acquire any materials, including microform, being relinquished by a library, where such materials were acquired under the provision of 35 USC 12 . • Be in a position to assist the public in the efficient use of the patent and trademark collections and of the associated information access tools. • Provide institutional support to permit a PTDL representative to attend the annual USPTO- sponsored PTDL training seminars at the USPTO.

10. USPTO provides training to PTDLs • Accessing Patent and Trademark Information—public and staff training seminars conducted on location by USPTO employees • Annual week-long, in-depth training seminar held on site at the USPTO Office in Alexandria, Virginia for representatives from each PTDL • Updates the librarians with the latest relevant developments in USPTO policy, law and practice • It also provides them with hands-on training on USPTO database and systems that they access and use in working with their customers

11. Benefits of being a PTDL • A PTDL provides a rich local resource for small businesses, research and development firms, university and governmental laboratories, and independent inventors and entrepreneurs • An active PTDL brings the newest technology disclosed in patents to many potential users in a city, state or entire region • Patents also provide a unique body of scientific and technical literature that adds value and stature to a library's collection • The availability of high quality patent and trademark information services attracts new library users with potential for new sources of library support

12. Who are the customers/users? • Individual inventors • Patent attorneys and agents • Businessmen • Researchers • Entrepreneurs • Students • Historians • General public

13. PTDLs provide public access • U.S. patents and patent and trademark materials freely available to public • Active dissemination of patent and trademark information

14. Assistance from PTDL librarians • A PTDL is required to assist the public in the efficient use of the patent and trademark collections and of the associated information access tools • Training is offered to • classes of students • inventors • small business owners

15. Partnership PTDLs offerings In addition to the traditional PTDL services, PTDL partnerships offer additional services, some at a fee-for-service basis: • examiner interviews via video conference • practitioner/public user lectures on specific patent and trademark topics conducted by PTO experts • access to patent and trademark databases otherwise offered only at PTO's Arlington, Virginia campus • streamlined ordering of foreign and U.S. patent documents

16. Partnership PTDLs offerings(cont.) • The Partnership PTDLs are also used to • Pilot new PTO products and services • Serve as direct links between their regions and the PTO • The four Partnership PTDLs are located in • Boston • Detroit • Houston • Sunnyvale, CA

17. The USPTO Public Search Facility Located in Alexandria, VA • Provides public access to patent and trademark information in a variety of formats including on-line, microfilm, and print • Trained staff are available to assist public users • Workstations provide automated searching of patents issued from 1790 to the current week of issue using the patent examiner systems Web-based Examiner Search Tool, (WEST) and Examiner Automated Search Tool (EAST), the USPTO web site, and related applications

18. Electronic databases available worldwide from the USPTO • USPTO Web Patent Database • Full-page images of each page of all US patents issued since 1790 • Full-text of all US patents issued since January 1, 1976 • Full-text of all US published applications since March 2001 • Access to the Patent Application Information Retrieval (PAIR) System, the US register of legal status • Trademark Electronic Search System (TESS) • Access to the same text and image database of trademarks as currently provided to examining attorneys at the USPTO via the X-Search system

19. Additional resources on the web • The USPTO site – PTDL Program:http://www.uspto.gov/go/ptdl/ • Core Collection Of Reference Materials And Tools for PTDL: http://www.uspto.gov/web/offices/ac/ido/ptdl/pdf_files/corelist.pdf

20. Thank you Happy Searching!