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Customer Partnership Meeting John Doll Commissioner for Patents

Customer Partnership Meeting John Doll Commissioner for Patents. Notice of Proposed Rules Changes. Claims Continuing Applications Information Disclosure Statements. Markush/Restriction practice. Markush Practice Restriction/Divisional practice. Alternative Examination Products.

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Customer Partnership Meeting John Doll Commissioner for Patents

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  1. Customer Partnership Meeting John Doll Commissioner for Patents

  2. Notice of Proposed Rules Changes • Claims • Continuing Applications • Information Disclosure Statements

  3. Markush/Restriction practice • Markush Practice • Restriction/Divisional practice

  4. Alternative Examination Products • Potential products for strategic plan include: • Different Levels of Examination • Deferred examination • Accelerated examination • Traditional examination • Collaborative examination

  5. FY 2007 RoadShows • Alternative Examination Products • Patentee / Trade Organization / User Input • Wants and Needs for IP Protection • Different Levels of Examination / Protection • Differed Examination • Peer Review • Collaborative Examination • Markush / Generic Claims • Notice of Proposed Rule Making • Input on Potential Solutions

  6. FY 2006 Results • Improving Quality is our Highest Priority

  7. FY 2006 TC 1600 Results • Improving Quality is our Highest Priority

  8. Current Quality Initiatives • Appeal Conferences • GS-12 Certification Exam • Primary Examiner Recertification • TC Targeted Areas of Review • New Patent Examiner Training Academy • Interviews before First Action • Second Pair of Eyes • In Process Reviews • Appeal Specialists • Pre-Appeal Brief Conferences

  9. Allowance Error Rate

  10. Allowance Rate

  11. Error and Allowance Rates

  12. Future Quality Initiatives • Strategic Plan initiatives to improve quality include: • Improving Search Quality • Additional Examiner Resources for Search • Peer Review Pilot • Third Party Submission / Comment • Develop Quality Metrics • Seeking Input from Public • External Validation • Quasi-Governmental, Attorneys on Sabbatical, or an Independent Search Firm

  13. UPR Applications Filed • FY 06 Goal 414,966 • Actual 419,760 • 9.2% over 2005 • 1.2% over goal UPR is Utility, Plant and Re-Issue Applications

  14. TC 1600 Filings • FY06 40,687 (prelim) • 7% over 2005

  15. TC Application Inventory 1 “New Application inventory” is the number of new applications designated or assigned to a technology center awaiting a first action. 2 “Overall Pending Application inventory” is the total number of applications designated or assigned to a technology center in an active status. Includes new applications; rejected awaiting response; amended; under appeal or interference; suspended; reexams and allowed applications awaiting grant publication. *Total inventory includes applications not assigned to a particular TC, awaiting processing either pre- or post-examination.

  16. TC Application Inventory 1 “New Application inventory” is the number of new applications designated or assigned to a technology center awaiting a first action. 2 “Overall Pending Application inventory” is the total number of applications designated or assigned to a technology center in an active status. Includes new applications; rejected awaiting response; amended; under appeal or interference; suspended; reexams and allowed applications awaiting grant publication.

  17. Technology Center Rework Stats * Rework first actions are those actions that are in a Continuing (CONs and CIPs), RCE, CPA or 129(a) applications (excludes Divisionals).

  18. TC 1600 Rework Stats * Rework first actions are those actions that are in a Continuing (CONs and CIPs), RCE, CPA or 129(a) applications (excludes Divisionals).

  19. Inventory by Art Area in TC 1600 *The number of months it would take to reach a first action on the merits (e.g., an action addressing patentability issues) on a new application filed October 2006 at today’s production rate. Today’s production rate means that there are no changes in production due to hiring, attrition, changes to examination processing or examination efficiencies, and that applications are taken up in the order of filing in the given art unit/area. Of course, USPTO is taking aggressive steps to ensure changes that will significantly lower the inventory rates in high-inventory art areas.

  20. Hires and Attritions

  21. TC 1600 Hires and Attrits

  22. Contact Information • John Doll Commissioner for Patents e-mail: john.doll@uspto.gov Phone: 571-272-8800

  23. Thank you.

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