Chapter 6: Science & Engineering Indicators 93
Patents Granted to Americans
(Click here for footnote 29.) Over the past 15 years, the number of patents awarded to American inventors has followed two
different trends. From 1978 through 1983, the number of patents granted to Americans declined irregularly.(Click here for footnote 30.) Since 1983, the number of patents granted to Americans picked up, and has remained on a general upward trend. In 1991, the latest year for which statistics are available, U.S. origin patenting registered a new high when nearly 51,000
patents were granted to U.S. resident inventors. Foreign patenting in the United States also reached new highs in the post-recession period (1983-91) and grew at a quicker rate than did U.S. domestic patenting--8.2 versus 5.6 percent per year. (Click here for footnote 31.) (See figure 6-19 and appendix table 6-12.)
Patents granted to American inventors can be further analyzed by patent ownership at the time of grant. Inventors who work for private companies or for the Federal Government commonly assign ownership of their patents to their employer; self-employed
inventors usually retain ownership of their patents. The owner's sector of employment is thus a good indication of the sector in which the inventive work was done. In 1991, 71 percent of granted patents were owned by corporations. (Click here for footnote 32.) (See figure 6-20.) This percentage has not changed significantly over the years. (Click here for footnote
33.)
Individuals are the next largest group of U.S. origin patent owners. Prior to 1978, individuals owned a quarter of all patents granted. (Click here for footnote 34.) Their share rose to 27 percent in 1980 and
was 26 percent in 1991. The federal share of patents averaged 3.5 percent of total during the period 1963-77; thereafter, U.S. Government-owned patents as a share of total U.S. origin patents has declined. (Click here
for footnote 35.)Finally, only about 1 percent of patents granted to American inventors are owned by foreign corporations or governments.
In 1991, the number of patents granted in the United States rose nearly 8 percent. (Click here for footnote 36.) U.S. inventors received 53 percent of the U.S. patents granted that year, representing a small
increase in share of U.S. patents awarded to Americans. Before 1989, foreigner inventors were patenting in the United States at a faster pace than U.S. resident inventors. That trend stalled in 1989 and 1990, and was reversed in 1991 as American
inventors' U.S. patent success outpaced that of foreign inventors.
The number of patents awarded to Americans in 1991 represented the first upturn in U.S. share of granted patents since 1977. The increase in U.S. share is a reflection of the successes of individual inventors and of a rise in U.S. Government-owned
patents. Increased patent activity by government agencies was encouraged by legislation enacted during the 1980s which called for U.S. agencies to establish new programs and increase incentives to its scientists, engineers, and technicians in order
to improve the transfer of technology developed in the course of government activities. (Click here for footnote 37.)
Footnote 29:
The U.S. Patent and Trademark Office grants patents to both U.S. and foreign inventors. Patent origin is determined by the residence at the time of grant of the first-named inventor as specified on the face of the patent. Patents "granted to
Americans" are actually U.S. origin patents.
Footnote 30:
The number of patents granted to all countries dipped in 1979 because the Patent Office could not afford to print all the patents approved that year.
Footnote 31:
Both U.S. and foreign patenting declined from 1987 to 1988. This decline, one of many oscillations that appear in patenting data by year of patent grant, may be due to the especially low number of patents awarded in 1986 because of budget
restrictions at the Patent Office. This development, in turn, led to an unusually high number of patent grants in 1987 as patents were carried over into that year. Also, utility patent applications dropped in 1983. Since it can take 2 to 3 years
before a successful application matures into a patent, this drop may also have contributed to the low number of patent grants in 1986.
Footnote 32:
About 2.6 percent of patents granted to Americans in 1991 were owned by U.S. universities and colleges. The Patent Office counts these as being owned by corporations. For further discussion of academic patenting, see chapter 5, "Patents Awarded to U.S. Universities."
Footnote 33:
Between 1978 and 1991, corporate-owned patents accounted for between 69 and 73 percent of total American-owned patents.
Footnote 34:
Prior to 1978, data are provided as a total for the period 1963-77.
Footnote 35:
Federal inventors frequently obtain a statutory invention registration (SIR) rather than a patent. An SIR is not ordinarily subject to examination and costs less to obtain than a patent. Also, an SIR gives the holder the right to use the invention,
but does not prevent others from selling or using the invention as well.
Footnote 36:
Part of this increase may be attributed to the ongoing efforts by the Patent Office to reduce "pendency," the time between receipt of a patent application and completion of its processing.
Footnote 37:
The Stevenson-Wydler Technology Innovation Act of 1980 made the transfer of federally owned or originated technology to state and local governments, and to the private sector, a national policy and the duty of each government laboratory. The act was
amended by the Federal Technology Transfer Act of 1986 to provide additional incentives for the transfer and commercialization of federally developed technologies. Later, Executive Order 12591 of April 1987 ordered executive departments and agencies
to encourage and facilitate collaboration among federal laboratories, state and local governments, universities, and the private sector--particularly small business--in order to aid technology transfer to the marketplace.
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