Changes are coming to the USPTO--Part IV: Remaking the Count System
Posted on Tue, Sep 01, 2009 @ 07:49 AM
by Robert J. Sayre
In part I of this series, I included a clip of USPTO Director David Kappos (right) pledging to "completely remake the count system" for measuring examiner production to reduce "disfunctional behavior" in the prosecution and examination of US patent applications.
On his/her blog, just_n_examiner yesterday posted an email from USPTO management outlining its process for establishing a new count system. From the email:
On Tuesday, August 25, a task force comprised of four members from the Patent Office Professional Association (POPA) and four from Patents Management met to begin work on re-engineering the patent examiner count system. The day-long session was kicked off by USPTO Director David Kappos who emphasized the importance of their work, stating, “Creating an examiner count system which gives examiners the time they need to do their job properly and which incentivizes compact prosecution, including the use of interviews, is currently job number one for the agency.” Director Kappos committed his support and involvement to the work of the task force and will be holding regular check point meetings with them.
The task force, led by Deputy Commissioner for Patent Operations Peggy Focarino and POPA President Robert Budens, has been given a deadline of October 1 to recommend a solution which moves the Agency significantly forward towards a new examiner count system which is properly aligned to achieve both efficient and high-quality examination. (Emphasis added.)
That's right, within one month, we should have a better sense of how US patent prosecution is about to change. I believe that Kappos's focus on the use of examiner interviews is well-placed and can indeed serve as an important tool in expediting patent examination and improving examination quality. At present, I find there is significant variability among US examiners in their attitude toward and availability for interviews, both telephonic and in-person.
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