Outsourcing of Patent Preparation: PTO Says BewareCan you just picture thousands of U.S. patent lawyers pumping their fists and collectively hissing Yes!--as the spectre of unscrupulous Indians writing $12,000 patent applications for $1000 recedes... No wonder so many patent lawyers are pro-patent system! The "patent bargain" conventionally refers to the government giving inventors a monopoly in return for their publicly disclosing how the invention works. But I think it has a second meaning. (Cross-posted at Mises Blog.)In a recent notice, the PTO has indicated that it may be illegal to outsource invention information to a foreign county for the purposes preparing a US patent application.
1. A foreign filing license from the USPTO does not authorize the exporting of subject matter abroad for the preparation of patent applications to be filed in the United States.
2. Applicants who are considering exporting subject matter abroad for the preparation of patent applications to be filed in the United States should contact the Bureau of Industry and Security (BIS) at the Department of Commerce for the appropriate clearances.
Update: See Patent Baristas, Hold Up There On That Outsourcing of Patent Work. The patent bar is loving this!
