That 2009 was a record year for the number of patents issued to Utahns may signal that the state has reached a critical mass of innovative companies and workers.

"I think it's because Utah companies are using creativity to propel themselves forward," said patent attorney Randall Bateman. "We have a lot of medical device companies. We have a lot of electronics companies. They tend to be smaller companies, and smaller companies tend to be more creative."

The Bateman IP Law Group counted 1,003 patents granted in 2009 to people or companies in Utah, up from 889 in 2008.

Bateman believes 1,003 is a record number for Utah. In 1976, the first year for which records of that type are easily available, Utahns received 220 patents. The numbers fluctuated until the '80s, when they began a steady climb. The previous high was 945 in 2006.

There is a consensus among government officials and some business leaders that Utah has reached a critical mass of high-tech operations and skilled employees conducive to innovation.

But high-tech doesn't have a monopoly on innovation. Provo-based Action Target, which produces targets and firing ranges for police and military agencies, and commercial interests, has a research-and-development office with 10 people. Last year, it received four patents, which grant an inventor sole rights to an invention.

"What we would typically do is respond to the needs of the industry and come back to R&D and try to find an innovative way to solve a problem," said Kyle Bateman, co-founder of Action Target, which employs about 145 people. "We would then create prototypes, test the prototypes and if we have something innovative at that time we'd do a disclosure and get our patent attorney involved and try to figure out what's new and novel about it and file a patent application."

Last year, Novatek of Provo, was honored at the Utah Genius Awards for having the most patents of anyone in Utah. The company, which was granted about 50 patents in 2008, creates tools and machines for industries such as oil and gas drilling, mining and construction companies.

The Utah patent trend follows that of the nation, which has seen the number of patents granted by the U.S. Patent and Trademark Office jump substantially in recent decades.

"A third of [all] patents granted by the Patent Office [in more than 200 years] have been granted in the past 17 years, roughly," said Bateman. Given those numbers, it's "virtually inconceivable" patents granted to Utahns before 1976 would even approach the 2009 level, he said.

Everett Robinson, an Orem patent attorney, said the high number in 2009 might be reflective of the U.S. Patent and Trademark Office clearing out a backlog of applications. He pointed out it takes two to five years for a decision on a patent application.

"I think the Patent Office in the last four to five years has issued more rejections than usual for administrative reasons," said Robinson, "and that many of these cases are getting a second look."

He predicted that the number patents will remain high for the next few years.

A Patent Office report released this month shows that Utah had 855 patents for 2009 rather than 1,003. The difference, said Bateman, is that the Patent Office counts only the home state of the first person listed on the patent, while his office counts the states of everyone listed.

Bateman said the average cost to receive a patent -- including attorney fees -- is $15,000 to $20,000.

Already in the first quarter of this year, Utah patents are running about a third higher than the same period of 2009, he said.