1. www.fitzpatrickcella.com _________________________________________ © Copyright 2003, Charles P. Baker, FITZPATRICK, CELLA, HARPER & SCINTO, NEW YORK CITY WHETHER GOVERNMENT PATENT OFFICES SHOULD CONTRACT WITH PRIVATE COMPANIES TO SEARCH THE PRIOR ART Charles P. Baker Colloquium on Reform of the Patent Cooperation Treaty April 8-9, 2003 Nice, France

2. 2 Interested Parties Patent Offices

3. 3 Interested Parties Patent Offices Patent Owners

4. 4 Interested Parties Patent Offices Patent Owners The Public

5. 5 Interests of Patent Offices Budgets

6. 6 Interests of Patent Owners More Patents

7. 7 Interests of Patent Owners More Patents Less Cost

8. 8 Interests of the Public An Incentive Interest: –Investors in New Technology and in New Jobs

9. 9 Interests of Investors Certainty

10. 10 Interests of Investors Certainty –Quality

11. 11 Interests of Investors Certainty –Quality –Promptness

12. 12 Interested Parties Patent Offices Patent Owners The Public

13. 13 Interested Parties The Public Patent Offices Patent Owners

14. 14 Interests Quality Promptness Patent Office Budget More Patents Less Cost

15. 15 Quality Enhanced by Combined Search and Examination

16. 16 Quality Enhanced by Combined Search and Examination Diminished by Private Search Companies

17. 17 Quality Enhanced by Combined Search and Examination Diminished by Private Search Companies –Profit Motives

18. 18 Quality Enhanced by Combined Search and Examination Diminished by Private Search Companies –Profit Motive –Decertification Casts Doubt on Quality

19. 19 Interests Quality Promptness Patent Office Budget More Patents Less Cost

20. 20 Promptness Diminished by Separated Search and Examination

21. 21 Interests Quality Promptness Patent Office Budget More Patents Less Cost

22. 22 Budget/Cost Inefficiencies of Doing the Same Work Twice

23. 23 Budget/Cost Inefficiencies of Doing the Same Work Twice Costs of Certification and Monitoring Private Companies

24. 24 Searches by Other Governments

25. 25 Searches by Other Governments Less Concern About –Promptness –Budget –Cost

26. 26 Searches by Other Governments Quality –Differences in the Laws

27. 27 Searches by Other Governments Quality –Start to Examine Based on Search of Other Government

28. 28 Searches by Other Governments Quality –Start to Examine Based on Other Government Search –If Allowable Subject Matter Found, Supplement Search

29. 29 Conclusion: Public Interests Investors –New Technology –New Jobs

30. 30 Conclusion: Certainty –Quality –Promptness

31. 31 Conclusion: Search Not Based on Private Company Profit Motive

32. 32 Conclusion: Search Not Based on Private Company Profit Examination and Search Combined

33. www.fitzpatrickcella.com _________________________________________ © Copyright 2003, Charles P. Baker, FITZPATRICK, CELLA, HARPER & SCINTO, NEW YORK CITY WHETHER GOVERNMENT PATENT OFFICES SHOULD CONTRACT WITH PRIVATE COMPANIES TO SEARCH THE PRIOR ART Charles P. Baker Colloquium on Reform of the Patent Cooperation Treaty April 8-9, 2003 Nice, France