Assessment Report - Prof S. freud

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Assessment of

the Saudi Patent Office (SPO)

Final Report

November 20, 2014

1

Executive Summery

LE Overview

Assessment Overview

SPO Overview

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5

7

9

Assessment Results

16

SPO Alignment with PMI

22

Conclusion

28

Appendices and Resources

31

Contents

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3

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Executive Summery

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Executive Summery

The Saudi Patent Office (SPO) is facing growing patent pendency rates and increasing backlog of patent applications awaiting review. In responding to these challenges, SPO issued a new hierarchy and name. However, SPO was still seeking for more Innovative improvement. LE a Saudi company focusing on developing organization intellectual wealth and accelerating the transformation to Knowledge Based Economy (KBE), approached SPO to explore the possibility of applying project management and knowledge to management concepts to optimize and remove latency in patent examination process. King Abdulaziz City for Science and Technology (KACST) Vice President for Scientific affairs and the SPO director approved LE request “to assess the current patent examination process and suggest means to remove or reduce latency”.

The assessment methodology was selected with the aim of minimizing intervention with SPO operations. The methodology introduced three phases, Pre-Assessment, Assessment and finally Analysis and Reporting. The first phase was to do multiple visits to SPO to understand the available documentation and the availability of staff, which enabled the development of the detailed execution plan. The second phase was gathering information utilizing multiple techniques. The final phase concluded the study and provided recommendations.

The study focused only on the patent examination process and the policy affecting patent examination process and the staff directly connected to the patent examination process.

The engagement was stopped multiple times due to National Holidays, however the study was finished within 30 working days from the day of the official kick-off. LE interviewed and did questioners to understand the process and the working environment from the SPO employees perspective. LE also, did a benchmarking with US Patent and Trading Office (USPTO).

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Executive Summery

The study identified three challenging areas that deserve a specific intervention scheme, which are: Corrective Actions for critical challenges, Continues Improvement Actions for small but repeated challenges, and Innovation Enabling Actions.

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LE Overview

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LE Overview

LE is a limited liability company established in the city of Riyadh, Saudi Arabia, to meet the growing need for national expertise in the field of technical and management consulting polished through initiatives to strengthen and bridge the gaps in national institutions.

LE focuses on supporting its customers through providing competency development, consultation and Build Operate Transfer (B.O.T) solutions, to address all organization development that clients require to achieve their vision.

LE sees the client as a valued partner and their engagement, enrolment and satisfaction is key success factor for any initiative. LE views the relationship with the customer as a journey that does not end with the end of the project; it ends when the customer successfully reach his vision and achieved his strategic goals

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SPO Overview

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SPO Overview

The Saudi Patent Office (SPO) is located at the King Abdulaziz City for Science and Technology (KACST). The Patent Office’s main activities and objectives are to: 

Apply the patent law and its implementing regulations: Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Designs

Grant Saudi patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Designs Establish a Registry for the collection of local and foreign Layout Designs of Integrated Circuits, Plant Varieties and Industrial Designs

Encourage the inventiveness of Saudi nationals.  The Office has taken a number of measures during the past years to hire and train examiners and translators in order to adequately handle patent applications.

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Providing protection for industrial property for the fields falling within KACST responsibilities.

Filing and examining industrial property applications.

Granting industrial property rights.

Developing national database for industrial property rights.

Publishing documents of industrial property rights.

Promoting creativity and raising industrial property awareness.

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* www.sabaip.com

** www.KACST.edu.sa

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Assessment Overview

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Assessment Overview

4.1 Assessment Objectives

To study the current situation of the SPO and investigate the possibility of providing an innovative solution to improve patent granting process utilizing project management best practices and knowledge management concepts.

4.2 Assessment Plan

PHASE I: Pre-Assessment

PHASE II: Assessment

Data Collection

PHASE III: Analysis & Reporting

Initial Client Meeting Assessment Prep.

Kickoff Meeting

Analysis &

Recommendations

Outbrief

3

2 - 5 days Preparation

15 - 20 days

Assessment

5 days

report writing

2

1

4

5

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Assessment of the Saudi Patent Office (SPO)

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PHASE1:

Planning Session for Conducting the Assessment (Preparation):

Identify key data and information needed (Documents, Regulation, Laws, statics, etc.)

Interview Planning and Decide what information needed

Gathering all experience information of the examiners

Prepare interview templates

Divide the Interviews into Categories based on (year of experience, number of Actions, Knowledge and Skills, etc.)

Choose an international patent office to compare with.

Tools and Techniques:

Scoping Checklist

Document List

Interviews Schedule

LE has divided this project into 3 phases:

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Assessment Overview

PHASE2:

Data and Information Collection (Analysis and Assessment)

Conduct the interviews with key officials and employees through SPO

Review relevant materials

Law of Patents, Layout-Designs of Integrated Circuits, Plant Varieties, and Industrial Designs (Promulgated by Royal Decree No M/27 of 29/5/1425H

Implementing Regulations of the Law of Patents, Layout-Designs of Integrated Circuits, Plant Varieties, and Industrial Designs

Execution Plan for the examination department (2014)

Review Key Performance and Results Measures from SPO Patent information Center Unit

Review assessments with USPTO.

Tools and Techniques:

Survey

Interview Questions

PMI Best Practices

BPM Best Practices

KM Best Practices

Benchmarking

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Assessment Overview

PHASE3:

Prepare Final Report (Report Writing)

Follow-up interviews to clarify key points

Deliverables Templates

Tools and Techniques:

Deliverables Templates

Deliverables:

Assessment Report

Executive Briefing

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Assessment Results

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This chart shows the patent application statistics from 2008 till 2013 which include:

Number of patent field

Number of patent issued

Number of patent application rejected

Number of patent application for invention dropped

Number of patent applications withdrawn

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SPO-Patent applications statistics

Number of patent applications filed

2008 2009 2010 2011 2012 2013 873 790 931 1000 1043 928 The number of patents issued

2008 2009 2010 2011 2012 2013 224 228 262 253 213 233 Number of patent applications rejected

2008 2009 2010 2011 2012 2013 179 357 393 324 226 361 Number of patent applications for invention dropped

2008 2009 2010 2011 2012 2013 362 473 443 286 447 344 Number of patent applications withdrawn

2008 2009 2010 2011 2012 2013 6 15 0 7 0 0

2008 2009 2010 2011 2012 2013

The chart shows number of patent application field:

Comparing 2013 with 2012 it shows a drop by 11%

Comparing 2013 with2008 it shows an increase with only 6%

Introducing an electronic application has almost zero effect on the number of application filed

The applicant need more awareness about the services provided by SPO

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Number of patent applications filed

2008 2009 2010 2011 2012 2013 873 790 931 1000 1043 928

2008 2009 2010 2011 2012 2013

This chart shows the number of patents issued and its percentage from number of patent applications field:

Comparing 2013 with 2008 it shows a drop by 1%

Comparing 2013 with 2012 it shows a drop by 5%

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The number of patents issued

2008 2009 2010 2011 2012 2013 224 228 262 253 213 233

2008 2009 2010 2011 2012 2013 0.25658648339060708 0.28860759493670884 0.28141783029001077 0.253 0.20421860019175453 0.25107758620689657

2008 2009 2010 2011 2012 2013 2008 2009 2010 2011 2012 2013

This chart shows the number of patent application rejected and its percentage from number of patent applications field:

Comparing 2013 with 2008 it shows an increase of number of applications rejected by 18%

Comparing 2013 with 2012 it shows an increase of number of applications rejected by 17%

The applicant need more training program on how to fill the application

The examiners need more courses on both technical and communication skills

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Number of patent applications rejected

2008 2009 2010 2011 2012 2013 0.20504009163802983 0.45189873417721516 0.42212674543501616 0.32399999999999995 0.21668264621284761 0.38900862068965514

2008 2009 2010 2011 2012 2013 179 357 393 324 226 361

2008 2009 2010 2011 2012 2013 2008 2009 2010 2011 2012 2013

This chart shows the number of patent application for invention dropped and its percentage from number of patent applications field:

Comparing 2013 with 2008 it shows a drop by 4%

Comparing 2013 with 2012 it shows a drop by 7%

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Number of patent applications for invention dropped

2008 2009 2010 2011 2012 2013 0.41466208476517752 0.59873417721518996 0.47583243823845323 0.28600000000000003 0.4285714285714286 0.37068965517241381

2008 2009 2010 2011 2012 2013 362 473 443 286 447 344

This chart shows the patent application statistics from 2008 till 2013 which include:

Number of Industrial design field

Number of Industrial design issued

Number of Industrial design application rejected

Number of Industrial design application for invention dropped

Number of Industrial design applications withdrawn

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Industrial design applications Statistics

Number of Industrial desgin applications filed

2008 2009 2010 2011 2012 2013 359 508 493 758 659 928 The number of Industrial desgin issued

2008 2009 2010 2011 2012 2013 210 248 412 370 631 233 Number of Industrial desgin applications rejected

2008 2009 2010 2011 2012 2013 147 107 144 47 78 361 Number of Industrial desgin applications for invention dropped

2008 2009 2010 2011 2012 2013 138 136 210 276 223 344 Industrial design applications Statistics:

2008 2009 2010 2011 2012 2013

This chart shows the number of industrial design application issued and its percentage from number of industrial design applications field:

Comparing 2013 with 2008 it shows a drop by 33%

Comparing 2013 with 2008 it shows a drop by 74%

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The number of Industrial desgin issued

2008 2009 2010 2011 2012 2013 210 248 412 370 631 233

2008 2009 2010 2011 2012 2013 0.58495821727019504 0.48818897637795278 0.83569979716024334 0.48812664907651715 0.95751138088012144 0.25107758620689657

This chart shows the number of industrial design application rejected and its percentage from number of industrial design applications field:

Comparing 2013 with 2008 it shows a drop by 2%

Comparing 2013 with 2008 it shows an increase by 27%

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Number of Industrial desgin applications rejected

2008 2009 2010 2011 2012 2013 147 107 144 47 78 361

2008 2009 2010 2011 2012 2013 0.40947075208913652 0.21062992125984248 0.2920892494929006 6.2005277044854923E-2 0.11836115326251895 0.38900862068965514

This chart shows the number of industrial design application for invitation and its percentage from number of industrial design applications field:

Comparing 2013 with 2008 it shows a drop by 1%

Comparing 2013 with 2008 it shows a drop by 3%

The chart shows a wide range of fluctuation which means it needs more information from both sides the SPO and the applicants

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Number of Industrial desgin applications for invention dropped

2008 2009 2010 2011 2012 2013 138 136 210 276 223 344

2008 2009 2010 2011 2012 2013 0.3844011142061281 0.26771653543307083 0.42596348884381341 0.36411609498680741 0.33839150227617598 0.37068965517241381

This chart shows the results after interviewing SPO Examiners':

50% of examiners need to improve their English language

83% of examiners knows the process from the application filed until the rejection or granting

75% 83% of examiners needs more courses in both managerial and soft skills

25% of examiners only are satisfied with their professional development plan

17% of examiners only are satisfied with work environment

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SPO

Work Environment Satisfaction Profesional Development Satisfaction Soft Skills Training Needs Patent Application Process Awareness English Language Training Needs 0.16666666666666666 0.25 0.75 0.83333333333333337 0.5

E

Formalities Examination

Substantive Examination

Distribution

Substantive Examination

FA

SA

Granting / Rejection

39.6 Months

48.7 Months

13 Months

13 Months

2009

35.6 Months

41.9 Months

2010

28.3 Months

34.6 Months

2011

29.5 Months

39.4 Months

2012

This chart shows the time needed since the application was filed until they got rejected or granted:

From the chart there are 2 backlog on the process both of them 13 months

First backlog in the recommendations section there is a solution

Second backlog after applying the recommendation will be reduced gradually until it reach a reasonable delay

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SPO Alignment with PMI

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SPO Alignment with PMI

6.1 PMI Methodology

PMI (Project Management Institute) is “the world's leading not-for-profit professional organization for the project management profession with the purpose of advancing project management.

PMI created the worldwide standard for Project Management which is PMBOK (Project Management Body of Knowledge) Guide.

The challenge was how to link the SOP work which is pure operation to the Project Management concept but LE finds that link from the definition of the Project based on PMBOK.

PMBOK defines Project as “a temporary endeavor undertaken to create a unique product, service, or result”.

Based on this definition, LE sees that each patent application is a project by itself as it has a start and end time and it will end with a unique result.

After finding the link between the SPO and PMI, PMBOK recognizes 5 basic process groups and 10 knowledge areas typical of almost all projects. LE will verify SPO patent application alignment with PMI methodology.

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Initiating

Processes

Planning

Processes

Controlling

Processes

Executing

Processes

Closing

Processes

Knowledge Areas

Cost

Time

Scope

Integration

Human Resources

Communications

Risk

Procurement

Stakeholder

Quality

Processes Groups

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Mentoring & Control

Closing

Executing

Planning

Initiating

Defining and refining objectives

Selecting the best set of actions to achieve the objectives

Ensuring that project objectives are met

Measuring progress regularly to identify variances from plan.

Formalizing acceptance of the project and bringing it to an orderly end

Document the lessons learned

Coordinating people and other resources to carry out the plan

Authorizing the project

What PMI says?

What SPO does?

6.3 SPO alignment with PMI Processes Groups

SPO examiners plan to follow the SPO patent process

SPO already have their own KPIs and they’re measuring their examiners progress accordingly.

SPO have issues with controlling communication and stakeholder engagement

SPO closes the project by either printing the patent certificate OR issuing the rejection report.

SPO doesn’t have any lessons learned or any other knowledge sharing system

SPO carry out the plan by following the patent application process flow chart it self.

SPO have issues with managing the communication and stakeholder engagement

SPO at some point assign a formalities examiner to the patent application and he will have the authority to work on this application till he send it to the substantive examiner

Status

Good Standing

Non-critical Issue

Critical Issue

SPO Alignment with PMI

LE had been able to achieve a tight alignment between the SPO patent application process and the PMBOK. For each core process in the PMBOK, LE will show what’s the equivalent action or status of SPO patent application process. The following table illustrates the alignment between the SPO and PMBOK processes groups and mentioning the status of alignment with each process group

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6.4 SPO alignment with PMI Knowledge Areas

What PMI says?

What SPO does?

Status

Integration processes covers the overall project from initiating to closing of the project

Integration Management

SPO does that.

Helps you understand the objectives of the project

Scope Management

SPO knows what are the objective of each project.

You will be able to identify project activates, identify dependencies, estimate their resource and duration are estimated, and creating project schedule

Time Management

SPO identified a detailed process with clear input and output and estimated duration.

SPO estimated duration can be improved (when required)

LE had been able to achieve a tight alignment between the SPO patent application process and the PMBOK. For each core knowledge area in the PMBOK, LE will show what’s the equivalent action or status of SPO patent application process. The following table illustrates the alignment between the SPO and PMBOK knowledge area and mentioning the status of alignment with each knowledge area.

SPO Alignment with PMI

Address all type of costs – direct & indirect costs, related to quality, resources, risks and procurement.

Cost Management

SPO cost on each project is mainly resources cost.

Good Standing

Non-critical Issue

Critical Issue

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SPO Alignment with PMI

What PMI says?

What SPO does?

Status

Figure out what is needed to ensure that project produces result that is in line with stakeholders’ expectations.

Quality Management

SPO has a quality policy and their examiners applying it.

People are an crucial element of success for any project and is the most challenging one because dealing with people needs great deal of interpersonal skills

HR Management

SPO have competent staff but LE believes they need to strength on the soft skills as they are directly dealing with applicants.

Distribute right information to the right people at the right time

Communication Management

Reporting is done by requests. So, SPO needs to establish a communication management system.

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There will be plenty of threats as well as opportunities. Identify them. Analyze them. Prepare for them. When they do happen, address and control them

Risk Management

SPO has a HR risk and there is an internal policy to mitigate it.

If at all some part of your project work is to be done by an expert sellers, then you should cover all the know-how of how to deal with it.

Procurement Management

SPO doesn’t have any procurement items in the patent application.

Helps to identify and manage relationship with people who can impact or who get impacted by the project

Stakeholder Management

SPO should establish a stakeholder management strategy to meet all their stakeholders (sponsors & applicants) expectations.

Good Standing

Non-critical Issue

Critical Issue

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Conclusion

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Conclusion

SPO is exerting a tremendous effort to overcome the challenges facing it, mainly reducing pendency time which is a major issue world wide. Another difficult challenge, is the challenge to acquire, retain and manage knowledge it needs to perform its mission. Based on the assessment analysis LE identified three challenging areas that SPO should address differently but must be tackled in an integrated approach, Corrective Actions, Continues Improvement Actions, and Innovation Enabling Actions.

LE propose the following recommendation as a mitigation strategy.

Corrective Actions targets critical challenges, mainly the pendency and delays exceeding 4 months and challenges affecting its image and creditability, mainly stakeholder management. For this area LE recommends

Outsourcing formalities examination

Develop stakeholder communication management and governance strategy.

Develop community outreach programs and society professional development (Training, Events, Consultation, etc.)

Continues Improvement Actions for small but repeated challenges, mainly the pendency and delays less than 4 months. This area generally requires detailed analysis of work process and policies to remove waste and redundancy. For this area LE recommends

Enable and Empower the Quality Office into an Organization Excellence Office

An external audit to reassess SPO after 3 months to verify the effectiveness of their current improvement actions

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Conclusion

Innovation Enabling Actions

Align and cascade SPO objectives with national strategies, mainly Knowledge Based Society (KBS) National Strategy with clear organization performance indicators

Align and cascade SPO employee’s job description with SPO objectives with clear Individual performance indicators

Develop knowledge transfer and knowledge management strategy

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Appendices and Resources

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Appendices and Resources

A.

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