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US Patent Office refusing more patents than ever before

13 March 2008

The allowance rate for US patents is currently 44%, compared to allowance rates in excess of 70% just eight years ago. Further, over the past few years, the percentage of Appeals which are at least partially unsuccessful has increased from 51% to 69%. This is at a time when the USPTO is examining record numbers of patent applications - over 362,000 in 2007.

The current allowance rate means that it is now statistically harder to get a patent application granted in the US than through either the European Patent Office or the Japanese Patent Office.

The above statistics on the allowance rate were given by USPTO Director Jon Dudas when he spoke before the United States House Judiciary Subcommittee on Courts, the Internet and Intellectual Property in a "USPTO Oversight Hearing" in February.

The significant and surprising drop in the allowance rate is due in part to the USPTO's commitment to increase the quality of its patents. However, Director Dudas also commented that the drop in the allowance rate is "due partly to our quality initiatives, but much is due to the lack of quality in many applications we receive."

The USPTO has, in the past, been accused of granting 'spurious' patents, and Director Dudas' statements and the drop in allowance rate show that the USPTO is now responding to these criticisms.

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