REPORT TO BOARD OF LIBRARY TRUSTEES
SUBJECT
Title
Discontinuation of Patent and Trademark Resource Center Services at the Sunnyvale Public Library
Report
BACKGROUND
Since 1963, the City of Sunnyvale has hosted a Patent and Trademark Resource Center (PTRC) through the Sunnyvale Public Library. On more than one occasion, the efficacy of continuing patent services was considered by the City Council. In 1994, the City of Sunnyvale partnered with the United States Patent and Trademark Office (USPTO) to deliver enhanced intellectual property services on a cost recovery basis. The partnership was known as Sc[i]³, the Sunnyvale Center for Innovation, Invention, and Ideas. Although charged with full cost recovery, the Sc[i]³ partnership was never able to achieve this goal. As a result, Council decided on March 28, 2006 to discontinue Sc[i]³ partnership services, but remain a Patent and Trademark Resource Center. At that time, the PTRC program offered unique services which were not available without visiting a PTRC location or the USPTO headquarters in Alexandria, Virginia.
City Council is scheduled to consider this item on November 28, 2017.
EXISTING POLICY
Library Collection
Action Statement 6.2A.3c Provide a collection of patents and trademarks.
Finding and Using Materials and Information
Action Statement 6.2B.1d Provide patent reference services based on demand and financial self-sufficiency for Sc[i]³ services.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
The PTRC in the Sunnyvale Public Library is one of seven PTRCs located throughout the State of California. The other six sites include: Los Angeles, Riverside, Sacramento, San Diego, San Francisco and San Jose. The San Jose PTRC opened in January 2016 at the Dr. Martin Luther King, Jr. Library in downtown San Jose. In October 2015, the USPTO opened a new office in downtown San Jose, one from the San Jose PTRC creating a natural synergy of patent and trademark resources.
To be designated as an official PTRC, an agency must agree to the following:
• Assist the public in the efficient use of patent and trademark information resources;
• Provide free access to patent and trademark resources provided by the USPTO;
• Provide metrics on the use of patent and trademark services provided by the member library as stipulated by the USPTO;
• Provide metrics on outreach efforts conducted by the member library as stipulated by the USPTO; and
• Send representatives to attend the USPTO-hosted PTRC training seminars generally held on an annual basis.
In addition, the following costs are incurred:
• $50 annual statutory fee
• $1,700 attendance for annual training seminar, held in Alexandria, VA
• An estimated sixty staff hours annually for collection maintenance, reference assistance, programs, training
In return, a designated PTRC agency is authorized to provide access to the following unique resources:
• PubEAST - The "public" version of the Examiner's Automated Search Tool provides seamless access to multiple text data sources including the Pre-Grant Publications (US-PGPUB), U.S. Patents (USPAT), U.S. Optical Character Recognition (USOCR), European Patent Office (EPO) Abstracts, Japanese Patent Office (JPO) Abstracts, and Foreign Patent Retrieval System (FPRS) databases, as well as image data sources for full and clipped images. PubEAST provides a form-based search capability for novice users, and enables expert users to submit searches in Bibliographic Retrieval System (BRS) syntax and IS&R syntax. (Access via a PTRC Workstation)
• PubWEST - The "public" version of the Web-based Examiner's Search Tool offers a server-based application tool for searching patent full-text and abstract databases. It also uses the search language entitled Bibliographic Retrieval Services (BRS). PubWEST provides identical text and image data sources as PubEAST, having the following user and system functions: general patent database searches; searches bound to specific document sections; limited general and bound searches; display of search results based on a range of specified formats; display of page images of patents; user-managed collections of documents; user-managed cases containing searches; local and TCP/IP printing for patent image documents; links to online patent classification guides. (Access via a PTRC workstation)
Access to these databases is via a dedicated workstation that allows staff to sign into the USPTO’s database with Virtual Private Network access. In the last decade, the USPTO has steadily increased its online offerings such that there is little remaining to the PTRC that makes it unique. Though no formal announcement has been made, Library staff has been informed by USPTO staff that they are working to make PubEAST and PubWEST available online in 2017.
With the opening of the USPTO’s Silicon Valley Regional office in 2015 in downtown San Jose, as well as a PTRC at the San Jose Public Library in 2016, the demand for PTRC services at the Sunnyvale Public Library has steadily declined to the point of being nearly non-existent. Per the USPTO requirements, the Library is required to track and report usage metrics. The following chart provides a sample of metrics for the second quarter of 2016 compared to the same period in 2017:
|
|
QTR 2, 2016 |
QTR 2, 2017 |
|
Walk-in |
29 |
5 |
|
Electronic |
13 |
0 |
|
Letter |
1 |
0 |
|
Phone |
17 |
18 |
|
Programs |
7 |
2 |
|
Attendance |
70 |
15 |
With respect to walk-in usage, it is estimated that only one person per quarter utilizes either PubEAST or PubWEST. The infrequency of the PubEAST/PubWEST requests makes it difficult for staff to remain current on how to utilize these specialized databases. Library staff has been able to handle other patent and trademark-related requests for assistance utilizing existing resources in the Library’s own collection when needed.
The significant decline in the demand for services, the recent opening of both a PTRC and USPTO in downtown San Jose, and an increasing need to optimize space within the Sunnyvale Public Library has caused staff to re-evaluate whether the resources required to support the PTRC warrant the investment.
Staff regularly receives requests for amenities such as group/individual study rooms, training labs and dedicated spaces for teens. The discontinuation of the PTRC services provides for an opportunity to examine the 300-square foot area currently dedicated to providing PTRC collections and computer access and re-purpose it for space that will be better utilized by the community. Given the current usage and demand for services, it is recommended that the City notify the USPTO of its intent to cease PTRC operations at the Sunnyvale Public Library.
While discontinuation as a PTRC site would require that Sunnyvale patrons travel to San Jose to obtain services, the chart above indicates that this may already be the current practice. Moreover, should the USPTO move forward with its online initiatives, the need for assistance may decline even further as patrons learn to access the services from home.
Should the recommendation to cease operations as an official PTRC be approved, staff would continue to provide basic reference assistance such as helping patrons to get started with the patent and trademark application process, explain how to search for patent and trademark information as well as how to locate additional intellectual property resources as part of its normal Library operations.
While the Library has a long and proud tradition as a provider of patent and trademark assistance, the decline in utilization and the desire to re-purpose space and staff resources to support unmet needs warrants consideration of a new policy direction. For this reason, it is recommended that the Board of Library Trustees support the staff recommendation to notify the USPTO of its intent to halt PTRC operations at the Sunnyvale Public Library.
FISCAL IMPACT
PTRC costs are currently allocated within the adopted FY 2017/18 Department of Library and Community Services operating budget. Discontinuation of PTRC services would allow Library staff to redirect these funds and staff time towards services that will be better utilized by the community.
PUBLIC CONTACT
Public contact was made through posting of the Board of Library Trustees agenda on the City’s official-notice bulletin board, on the City’s website, and the availability of the agenda and report in the Office of the City Clerk.
ALTERNATIVES
1. Discontinue Patent and Trademark Resource Center services at the Sunnyvale Public Library.
2. Maintain Patent and Trademark Resource Center services at the Sunnyvale Public Library.
RECOMMENDATION
Recommendation
Alternative 1: Discontinue Patent and Trademark Resource Center services at the Sunnyvale Public Library.
Staff
Prepared by: Steve Sloan, Administrative Librarian
Reviewed by: Cynthia E. Bojorquez, Director, Library and Community Services
Reviewed by: Teri Silva, Interim Assistant City Manager
Approved by: Kent Steffens, Interim City Manager