Patent data suggests U.S. may be losing dominance

RP news wires, Noria Corporation
IFI Patent Intelligence, a Wolters Kluwer Health business, on January 14 released an annual compilation of the world's top-ranked U.S. patent companies, which suggests America's longstanding dominance of new U.S. patents may be slipping. However, the economic downturn that epitomized 2008 did not slow the overall flow of U.S patent activity, at least not yet. According to IFI's analysis, the U.S. Patent and Trademark Office (USPTO) issued a total of 157,774 utility patents in calendar year 2008, up slightly over 2007's total of 157,284.

Although IBM still tops the list and is ahead by a relatively wide margin, the scales of patent-quantity supremacy may be shifting away from corporate America in favor of companies overseas, especially to those in Asia. As part of its analysis, IFI looked at 2008 utility patents assigned to companies separate from those owned by individuals. It found that American companies captured only 49 percent of U.S. patents granted to companies compared to 50 percent in 2007. In addition, the U.S. holds only four - less than half - of the top 10 slots, down from five the prior year. American firms also hold only 12 positions in the top 35, which collectively generated 26 percent of all the utility patents granted in 2008.

In comparison, Japanese companies hold five of the top 10 slots and 14 of the top 35. Although America is still the leading single country in total new patents for 2008, Japan trails second with 23 percent; Germany is third with 6 percent; South Korea fourth with 5 percent; and Taiwan fifth with 4 percent.

The first organization to break the 4,000 patent barrier, IBM Corporation set a new all-time record of 4,186, up 33 percent over last year. Samsung continues to hold the No. 2 slot with 3,515, up 29 percent over 2007; followed by Canon at No. 3, with 2,114; Microsoft comes in at No. 4 with 2,030, up 24 percent over last year and 400 percent since 2003; and Intel at No. 5. Other notable movers in the top 35 include Broadcom and Cisco, both up 21 percent over 2007; Hon Hai of Taiwan, up 63 percent and new to the top 35; Fujifilm, up 31 percent; and LG Philips LCD, up 25 percent.

"Although data suggest that American companies garnered a minority share of the total number of corporate U.S. patents last year, it's important not to confuse quantity with quality," said Darlene Slaughter, general manager of IFI Patent Intelligence.

"What's clear is that many of the world's largest companies are placing a higher priority on protecting their intellectual property. This trend is occurring both here in the U.S. and abroad especially in Japan, South Korea, Taiwan, Germany and other countries in Europe," continued Slaughter. "Securing patents may be even more important in a down economy, since it gives patent-holders an edge over their competitors."

It also is worth noting that many of the patents granted in 2008 were applied for back in 2005 and 2006, so today's economy probably had little, if any, effect on 2008 approvals. "It will be interesting to report on how the patent pipeline flows two years from now and to see if the down economy leads to more or less patent activity," added Slaughter. IFI data confirm that there was a three-year downward trend in patent approvals from 2003-2005, a period that followed the last recession in 2001.

Although annual utility patent grants have been up and down for the past decade, interest in protecting intellectual property both in the U.S and abroad is on an up swing. The USPTO posted a 6 percent increase in patent applications for its fiscal year 2008 for a total of 466,147. A growing backlog of patent applications has ensued for the past two decades and continues to pile up at the USPTO, with 1.2 million patents pending approval, according to its website.

"Just as the USPTO is creating new efficiencies to make progress against the backlog, they're finding an increase in the number of new filings each year makes the process a true up-hill battle," added Slaughter.

Employing proprietary authority lists and algorithms to enhance the speed and accuracy of the culling process, IFI Patent Intelligence analyzed 2008 USPTO data and prepared what has become the de facto standard ranking of U.S. patent assignees. A comprehensive analysis of U.S. patent ownership data for 2008 will be published by IFI. IFI's list of 2008's Top 35 performers is posted on its website, www.ificlaims.com, and follows:

  Rank     Company Name                                   2008 Patents

   1       INTERNATIONAL BUSINESS MACHINES CORP               4186
   2       SAMSUNG ELECTRONICS CO LTD KR                      3515
   3       CANON K K JP                                       2114
   4       MICROSOFT CORP                                     2030
   5       INTEL CORP                                         1776
   6       MATSUSHITA ELECTRIC INDUSTRIAL CO LTD JP (1)       1745
   7       TOSHIBA CORP JP                                    1609
   8       FUJITSU LTD JP                                     1494
   9       SONY CORP JP                                       1485
  10       HEWLETT-PACKARD DEVELOPMENT CO L P *               1424 *
  11       HITACHI LTD JP                                     1313
  12       MICRON TECHNOLOGY INC                              1250
  13       SEIKO EPSON CORP JP                                1229
  14       GENERAL ELECTRIC CO                                 912
  15       FUJIFILM CORP JP                                    869
  16       RICOH CO LTD JP                                     857
  17       INFINEON TECHNOLOGIES AG DE                         814
  18       LG ELECTRONICS INC KR                               805
  19       TEXAS INSTRUMENTS INC                               757
  20       HONDA MOTOR CO LTD JP                               747
  21       SIEMENS AG DE                                     724
  22       HON HAI PRECISION INDUSTRY CO LTD TW              719
  23       DENSO CORP JP                                     708
  24       CISCO TECHNOLOGY INC                              704
  25       BROADCOM CORP                                     643
  26       HONEYWELL INTERNATIONAL INC                       619
  27       NOKIA AB OY FI                                    608
  27       SILVERBROOK RESEARCH PTY LTD AU                   608
  29       SHARP K K JP                                      603
  30       NEC CORP JP                                       547
  31       XEROX CORP                                        529
  32       LG PHILIPS LCD CO LTD KR (2)                      524
  33       RENESAS TECHNOLOGY CORP JP                        513
  34       SUN MICROSYSTEMS INC                              509
  35       KONINKLIJKE PHILIPS ELECTRONICS N V NL            497

  * Includes 4 patents assigned to Hewlett-Packard Co

  (1) Now Panasonic Corp JP
  (2) Now LG Display Co Ltd KR

Market sectors with the heaviest new patent activity include the electronic areas of Semiconductor Manufacturing and of Multiplex Communication, each with about 4,430 patents in 2008. The bio sectors of Drug Compositions had 2,990 patents and Biotechnology had almost 2,680 patents issued. Only one automaker, Honda Motor Company, appeared in the top 35 list. Sun Microsystems, down 17 percent, and Micron Technology, down 15 percent, had the two largest percentage declines in new patents compared to 2007, while 2007 list-placers Bosch, Kodak, and Sanyo failed to make the top 35 this year.