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For Don Kelly of the U.S. Patent and Trademark Office, the critical
memory came in the mid-70s, when working for West Virginia
Congressman Kenneth Hechler through a Commerce Science and Technology
Fellowship. As a science advisor, Kelly had the arduous task of
handling constituents' complaints about the "invention scam"
organizations.
And what he discovered changed his life. One caller actually cried
over the phone, complaining that the scam company had spoiled his
chances at the American Dream.
"I made a connection there that I'll never forget," Kelly says. "That
man's problem stayed with me and I began seeing a part of him in
every inventor I met. People ask me why I care so much for inventors
and it really goes back to that."
After graduating from Virginia Tech, Kelly began his career with the
PTO in 1964, working as a patent examiner. And the brief association
with Hechler only solidified his passion for helping inventors. He
was soon back in the PTO, where he became Director for Patent
Examining Group 3400 in 1988.
Kelly now oversees more than 150 patent examiners and support staff,
who grant patents on new inventions in technologies such as heat
transfer, combustion engines, rocket propulsion systems and textile
manufacturing. During his career, Kelly has also served as
Washington/Geneva Coordinator for the Tokyo round of GATT
negotiations (1976-78), Director of Patent Information at the
National Technical Information Service (NTIS--1980) and National
Chair of America's Patent and Copyright Bicentennial Celebration
(1990).
Kelly's extensive outreach efforts for American innovation earned him
the U.S. Department of Commerce's highest honorary award--the Gold
Medal.
With such an impressive background, one might expect to find a rather
aloof character, cool and unapproachable. But Kelly is nothing of the
sort. He is an affable man, focused and friendly, the type who
presents no-nonsense information with sympathy and hope. In fact, his
easy-going manner might surprise those who view the PTO as an
inhuman, unfeeling bureaucracy.
"It's not really like that," he says of the PTO's 3,000-member
examining staff. But he's also quick to point out that the patent
process does take time and remains a challenge to inventors.
"It's still about an 18-month process," he says, "but it's definitely
less daunting than it used to be. Inventors now have a lot more
people on their side."
Such help is important, says Kelly, who remains concerned about the
growing number of "scam" companies, who continue to take millions of
dollars from unwary inventors each year. Although several legitimate
firms (mostly connected with colleges and universities) do offer
valuable services to inventors, Kelly cautions people to move slowly
when dealing with any company. He also advises inventors to connect
with invention clubs, which often keep up-to-date information on
problem organizations.
And, he adds, don't be afraid to file a complaint with the Federal
Trade Commission if you feel you've been scammed.
"You can even tell the problem company that you've filed a complaint
and demand your money back," he says. "The FTC reports that some
inventors have even recovered up to one-half of their loss."
But caution isn't the only importatnt tool. According to Kelly,
research is also a valuable component of the process and he advises
inventors to "do their homework" by investigating the feasibility of
their ideas before parting with large sums of cash. Education, he
says, is critical for success and each idea must be evaluated for
possible competition, liability and, of course, patentability.
Trade shows and the National Innovation Workshop series also offer
good information to inventors and Kelly can often be found at such
gatherings. In addition, he remains willing to take his message to
classrooms nationwide. He is recognized as the principal architect of
Project XL, the PTO's campaign to bring the teaching of inventive
thinking to American schools.
As part of that program, he regularly visits college campuses, but
also feels that creative thinking needs to be taught at a much
younger age, before kids lose their incentive. He even hopes that
business people will begin visiting classrooms as mentors and role
models.
"I'd like to see more instruction
using critical thinking skills," he
says. "I'd like to give kids plenty
of open-ended questions with no single right answer. When kids are
taught that there's only one answer in the back of the book, they
lose creativity and that's too bad."
And although the PTO offers many services to independent inventors
(see sidebar), Kelly feels that much of an inventor's success begins
at home, where the family can ultimately provide the greatest
support.
"I always talk about not giving
up," he says with a smile.
"But I also tell inventors to hug
their family members regularly. The invention process is a long road
and you need those people behind you. Family can be a great
asset."
But for American inventors and the USPTO, Don Kelly is a pretty good
asset, too.
During the recent National innovation work shop in Los Angeles, the
Dream Merchant
sat down with Don Kelly of the U.S. Patent and Tradmark Office. It
was a pleasant morning, charged with hope and creativity and Kelly
answered several questions about the upcoming changes and challenges
facing the PTO.
DREAM MERCHANT: There is talk of privatizing the PTO. Is that a
reality or just a rumor?
DON KELLY: There has been talk about privatization of the PTO,
but it's largely inaccurate. What is actually being proposed is the
transformation of the PTO into a performance-based, wholly owned
government corporation. The PTO would remain within the government
framework, but be capable of operating in a business-like manner. We
could then provide better service to our customers.
How much backing does this have on
Capitol Hill?
Both the Senate and House have been
considering legislation that would convert the PTO into a Government
Corporation. But, don't forget, we are not talking about
"privatizing" the Office. Ours would be a PTO that would remain under
Government control - - make that "under the peoples' control."
What are your personal feelings about
the Government Corporation concept? Could it be a good
thing?
Yes--a very good thing, indeed. You
may recall that the PTO has operated on "user fees" for years. By
that, I mean we don't expend taxpayer revenues. Compared to most
Federal agencies, this has given us a number of advantages, most
notably a certainty of income. As a performance-based government
corporation, we'd also have flexibility in such areas as procurements
and personnel. We would have borrowing and investment authority,
relief from personnel ceilings and building regulations - -
advantages necessary to operate effectively in the business world.
Our customers are entitled to top-flight business decisions and
bottom-line business results.
Many readers may be unaware of the
PTO's helpful services for inventors. Can you tell us a little about
these?
Our most enduring and successful
outreach effort has been through a growing network of
Patent and Trademark Depository
Libraries. The PTDL's, as
they're called, now number 82, covering every state and Puerto Rico.
In fact, there are now five PTDL's in California. These libraries are
staffed by PTO-trained experts, highly motivated to serve the special
needs of independent inventors.
More recently, we have opened our highly successful Patent Assistance
Center, known as the "PAC." This is an "800 number" information
center staffed on a rotating basis by members of our senior
management team. They handle around 200 calls each week, providing
assistance on patenting procedures and mailing thousands of forms,
fee schedules and brochures. The phone number is 1-800-PTO-9199.
What about fee discounts?
Yes--many inventors may not be aware of those, but they've actually
been in place since 1983. For the same level of service that can be
expected by a megacorporation, independent inventors pay half price
for nearly all fees to have their applications examined and issued.
They also pay half price to maintain patents in force. I don't think
this is true of any other national patent office.
Can you fill us in on Provisional
Patents?
Yes--this is a more recent service. The provisional patent
application is available to all applicants, but I think it holds
special advantages for independent inventors. For only $75 (again,
that's "half price"), independent inventors can file a provisional
patent applications. Provisional applications, though they don't
provide substantive patent rights, do establish a priority filing
date in the United States. The inventor then has12 months to file a
nonprovisional application. Time is valuable to struggling inventors,
and the provisional application feature offers some breathing
room.
Would you like to mention anything
else before we wrap up?
Sure--I don't want to miss this
chance to put in a plug for one of our newest outreach efforts. On
October 9-10, the PTO will hold its second Annual Independent
Inventors Conference. This one will be in Chicago, co-hosted by the
Chicago Public Library. Registration is free, and we expect around
200 attendees, including leaders of inventor organizations from
across the country.
How can our readers find out more
information?
They can write the Patent and
Trademark Office, Washington, DC 20231, directed to the attention of
"Box Conference," [or email us at inven.conf@uspto.gov]. Details are
available on our website at http://www.uspto.gov
Mike Foley, Editor
