By The Numbers
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Federal Law

The Special Role of Patents under the Constitution

The Rhetoric of Our Leaders


Lehman's Index1
Patent and Trademark By The Numbers

Putting all patents and trademarks on-line costs about $250,000/year. We understand that the government is sometimes challenged when it comes to operating effectively, so we're willing to concede that this might cost USPTO $1 million per year. Here's how we're going to do it for a lot less if they the Patent Office doesn't get cracking.

Bruce Lehman, "We'd do this tomorrow if we had the funding," Mr. Lehman said. "What Mr. Malamud wants us to do is to permit people to download the entire database. If he can do that, we'd be out all $20 million we now receive in fees," he said. "Why would anyone want paper?" New York Times, May 4, 1998, John Markoff, U.S. is Urged to Offer More Data on Line, p. D6. The Paperwork Reduction Act prohibits making a profit on the data, but that's another story.

Let's put these numbers in perspective. The U.S. Patent Office will receive a total of $836 million in revenues for FY 1999, of which $38 million is for the "Information Dissemination Business." Source: USPTO Corporate Plan in Brief

Commissioner Lehman thinks he will loose all $20 million per year if he "gives away" "his" database. The experience of the Securities and Exchange Commission was that they actually made more money because the market for their data got much bigger. After all, even if the "free" data is on the Internet, a serious corporate information retailer will still want to buy the bulk feed from the Patent Office in some convenient format such as a set of DVDs.

How important are patents and trademarks to U.S. corporations? The International Trade Administration estimates that U.S. corporations receive three times as much money from foreign corporations in patent and trademark licensing fees as they pay. This is a $22 billion year trade surplus for U.S. exports of intellectual property. Summary statistics see International Trade Administration Summary Statistics. Transactions by area, see the Bureau of Economic Analysis, International Accounts Data.

Let's step back a minute. Patents and trademarks are the lynchpins of our intellectual property markets, which in turn support our high technology industry. The National Science Foundation estimates that U.S. trade in technology products accounted for 17 to 19 percent of all U.S. trade. In 1994, total U.S. trade with other countries was $1.2 trillion, $219 billion of which involved high technology products." See National Science Foundation, "U.S. Trade in Advanced Technology"

The Secretary of Commerce, the President, and the Vice President all tout the benefits of an ecommerce bridge to the next millennium. See Secretary Daley's The Emerging Digital Economy.: "governments do have a role to play in supporting the creation of a predictable legal environments globally for doing business on the Internet, but must exercise this role in a non-bureaucratic fashion." The Secretary thinks that the ecommerce world is worth $300 billion year to U.S. business by the year 2002.

Commissioner Lehman estimates that in FY 1999, they will serve 1.5 million information customers, by which he means "a transaction for a person on a day" or what we would call a "hit." Now, we don't mean to be disrespectful, but there are high school students with web sites that serve that number of people. To give a benchmark, the Securities and Exchange Commission is doing 500,000 hits per day. By way of comparison, there are over 2 million science and engineering students in the United States and over 7 million people make their day-to-day living as scientists or engineers. Source: NSF.

Estimated number of pages on the web: 300 million.

Number of pages public.resource.org added July 4, 1998: 5 million

Number of pages public.resource.org has promised to add by July 4, 1999: 50 million

Number of Congressional Resolutions to make July 4, 1999 "Patent Independence Day": 0


Intangible assets for 1991 for 69,287 U.S. corporations in 1991 were 434 billion dollars. Royalties, which include patents, trademarks, and other intellectual property, were declared at over 32 billion dollars. These figures don't break out exactly into patents, don't include individual income, and are otherwise imprecise, but what's a few billion dollars between friends? Source: IRS, Corporation Tax Statistics.

One more number: In the U.S. PTO "Corporate Plan", the word "business" occurs 279 times. The word "product" appears 97 times. The word "public" appears 28 times. Go figure.

The bottom line:


The Patent and Trademark databases are not products, they are the fuel that makes our intellectual property markets work. The goal of granting a patent is not to sell a patent document: it is to allow the patent owner to expoit his propery: make money from his invention and then pay the taxes on his profits into the federal treasury.


1With Fond Homage to Harper's Index, in the hope that they won't sue us for trademark infringement, from a lifelong reader. My subscriber ID is ...