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The United States Patent and Trademark Office. BCP Customer Partnership Meeting. March 15, 2005. Contact Information. John Doll Deputy Commissioner for Patent Planning and Resources [email protected] 571-272- 8250. Contact Information. Peggy Focarino

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The United States Patent and Trademark Office

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The united states patent and trademark office

The United States Patent and Trademark Office

BCP Customer Partnership Meeting

March 15, 2005


Contact information

Contact Information

  • John Doll

    Deputy Commissioner for Patent Planning and Resources

    [email protected]

    571-272- 8250


Contact information1

Contact Information

  • Peggy Focarino

    Deputy Commissioner for Patent Operations

    [email protected]

  • Joe Rolla

    Deputy Commissioner for Patent Policy

    [email protected]

    571-272-8800


The united states patent and trademark office

Nicholas P. Godici

Commissioner for Patents

To Retire March 29th


Star search

Star Search

Wanted:

Commissioner for Patents

[email protected]


Jon s new initiatives

Jon’s New Initiatives

Reexamination

  • Special Dispatch


Jon s new initiatives1

Jon’s New Initiatives

Reexamination

  • Special Dispatch

  • PCT

    • Timeliness of Actions


  • Jon s new initiatives2

    Jon’s New Initiatives

    Reexamination

    • Special Dispatch

  • PCT

    • Timeliness of Actions

  • BPAI Appeals

    • 60% never make it


  • Jon s new initiatives3

    Jon’s New Initiatives

    • Search Quality

      • Search Grids

      • Search Recordation

      • Search QR


    Jon s new initiatives4

    Jon’s New Initiatives

    • Search Quality

      • Search Grids

      • Search Recordation

      • Search QR

    • Patentability Conferences

      • Quality & Training


    Jon s new initiatives5

    Jon’s New Initiatives

    • Search Quality

      • Search Grids

      • Search Recordation

      • Search QR

    • Patentability Conferences

      • Quality & Training

    • 2nd Pair of Eyes

      • Redefine


    Jon s new initiatives6

    Jon’s New Initiatives

    Accelerated Examination Initiative

    • e-filing probably in XML tagged format

      • All follow on papers must be e-filed

    • Limited number of claims

      • 2 – 3 independent / 20 – 30 dependent

    • Patentability search

      • With explanation of each reference with respect to claims

    • Mandatory telephone restriction elections

    • Mandatory interview either before or right after first action

    • 2 month shortened statutory time for response

      • With no extensions

    • Mandatory appeal


    Upr applications filed

    UPR Applications Filed

    FY 04 355,527

    6.6% above FY 03

    FY 05 plan 375,080 (5.5% above FY 04)

    118,235 as of 1/28

    Current projection102.6% over plan


    Fy 04 upr 1 applications filed

    FY 04 UPR1 Applications Filed

    1 “UPR” = Utility, Plant, and Reissue Applications

    FY 05 TC filings not yet available. Initial processing imposes a two to four month delay in assignment to a TC.


    Fy 04 patent pendency

    FY 04 Patent Pendency

    1“Average 1st action pendency” is the average age from filing to first action for a newly filed application, completed during 4th quarter FY 2004.

    2“Average total pendency” is the average age from filing to issue or abandonment of a newly filed application, completed during 4th quarter FY 2004.


    Fy 05 patent pendency as of 12 31 04

    FY 05 Patent Pendency (as of 12/31/04)

    1 “Average 1st action pendency” is the average age from filing to first action for a newly filed application, completed during 1st quarter FY 2005.

    2 “Average total pendency” is the average age from filing to issue or abandonment of a newly filed application, completed during 1st quarter FY 2005.

    * Assuming current input and output estimates, the agency should achieve first action pendency of 21.3 monthsby the end of FY 2005.


    Fy 04 patent pendency1

    FY 04 Patent Pendency

    1“Average 1st action pendency” is the average age from filing to first action for a newly filed application, completed during 4th quarter FY 2004.

    2“Average total pendency” is the average age from filing to issue or abandonment of a newly filed application, completed during 4th quarter FY 2004.


    Fy 05 patent pendency as of 12 31 041

    FY 05 Patent Pendency (as of 12/31/04)

    1“Average 1st action pendency” is the average age from filing to first action for a newly filed application, completed during 1st quarter FY 2005.

    2“Average total pendency” is the average age from filing to issue or abandonment of a newly filed application, completed during 1st quarter FY 2005.


    Tc application inventory

    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 approximately 55,000 applications awaiting processing 9/30/2003, and approximately 22,000 applications awaiting processing 9/30/2004.


    Inventory by art examples

    Inventory by Art Examples

    *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 as of Jan 2005 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.


    Inventory by art examples1

    Inventory by Art Examples

    *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 as of Jan 2005 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.


    1600 workload analysis

    1600 Workload Analysis

    “FAOM” = First Action on the Merits – first action count by an examiner after the filing of an application (does not include restrictions or other miscellaneous actions).


    Tc 1600 rework statistics

    TC 1600 Rework* Statistics

    *Rework first actions are those actions that are in a Continuing, CPA or RCE application.


    Restriction divisionals in 1600

    Restriction/Divisionals in 1600


    Patents issued in tc 1600

    Patents Issued in TC 1600


    Tc 1 st action allowances

    TC 1st Action Allowances*

    *TC First Action Allowances are calculated from first action counts received by an examiner. A first action restriction performed by an examiner is not a ‘first action count’ and thus an allowance following a first action restriction is included as a first action allowance count. A first action allowance following the filing of an RCE is included. Anexaminer receives both a first action count and a disposal count for first action allowances.


    Quality of products

    Quality of Products

    1Compliance is the percent of office actions reviewed and found to be free of any in-process examination deficiency (an error that has significant adverse impact on patent prosecution).

    2Patent allowance error rate is the percent of allowed applications reviewed having at least one claim which is considered unpatentable on a basis for which a court would hold a patent invalid. “Allowance” occurs before a patent is issued, so these errors are caught before any patent is actually granted.


    Hires and attritions

    Hires and Attritions

    *Includes hires on board and confirmed and pending offers


    1600 new examiner hiring

    1600 New Examiner Hiring


    Patents e government initiatives

    Patents e-Government Initiatives

    • EFS Web Interface pdf1 application submission

    • Tri-lateral Dossier Access with EPO

    • Priority Document Exchange

    • Patent’s File Wrapper (PFW) - Moving from electronic image based applications (IFW) to electronic text based applications (PFW)

      1 “pdf” is an internationally accepted standard format for electronic documents.


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