Modest Recent Changes in UPTO Patent Examination Practices.
As everyone well knows, the USPTO faces a gigantic backlog of patent applications (around three quarters of a million applications) that leads to significant wait time for inventors. In view of this, USPTO director David Kappos announced some encouraging news last week in the form of changes to the examination system.
First, examiners are allotted an additional hour to read and review the application. The hope being that this time will be used not in examination but in conducting substantive interviews with the inventor’s counsel early in the process.
Second, the new guidelines make slight changes to the “count” system. Patent examiners are required to bank a certain number of “counts” per two week period. This quota system is a measure of productivity similar to the billable hour amongst attorneys. The examiner receives one count for issuing the first office action and another for disposing of the case (therefore, two counts per distinct case). However, Examiners can bank more counts for the same case if they reject and cause the inventor to seek an RCE, which is treated as if it is a new application. This has led some to accuse the USPTO of “forcing” RCEs at the cost of time and money to inventors. To solve this, the USPTO has decreased the value given to RCEs- to 1.75 for the first RCE and 1.5 for subsequent RCEs. Also, the proposed change the point distribution in the counts to decrease the value of rejections.
Are these changes going to be effective? Is this too little or at least a step in the right direction?
News | Stephen Altieri | 
October 4, 2009 2:04 pm
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