Customer Partnership Meeting John Doll Commissioner for Patents.

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Presentation transcript:

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

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

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

FY 2006 Results Improving Quality is our Highest Priority 2006 Goal2006 Result 4% allowance error3.5% allowance error 86% in-process compliance 90% in-process compliance

FY 2006 TC 1600 Results Improving Quality is our Highest Priority 2006 Goal2006 Result 5.0% allowance error 86% in-process compliance 88.7% in-process compliance

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

Allowance Error Rate

Allowance Rate

Error and Allowance Rates

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

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

TC 1600 Filings   FY06 40,687 (prelim)   7% over 2005

Total*Design New Applications 1 9/30/ ,64472,69776,529115,58594,42570,35483,225586,58024,534 New Applications 1 9/30/ ,66388,36284,139131,675107,19582,32496,963674,23325,817 Overall Pending Applications 2 9/30/ ,647120,767117,728167,721159,687117,045130,168932,30038,104 Overall Pending Applications 2 9/30/ ,112137,866129,573181,489174,758129,260147,651 1,036,875 39,430 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.

Total 1600 Total UPR New Applications 1 9/30/ ,644586,580 New Applications 1 9/30/ ,17411,32011,25912,9046,8051,20162,663674,233 Overall Pending Applications 2 9/30/ ,647932,300 Overall Pending Applications 2 9/30/ ,36519,15923,94424,52315,1861, ,1121,036,875 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.

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).

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).

Inventory by Art Area in TC 1600 High Inventory Art AreasMonths of Inventory* 1610 – Drugs, Bio-affecting and Body Treatment – Organic Chemistry and Heterocyclic Compounds Bioinformatics – Nucleic Acids, Gene Expression, Animal Cloning – Antibodies and Immunology – Microbiology, Recombinant Enzymes & Proteins Plants17 * 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.

Hires and Attritions CorpsDesign FY 05 Hires FY 05 Attritions FY 06 BOY Examiner Staff FY 06 Hiring (10/1/06) FY 06 Attrits (10/1/06) FY 07 Hiring Goal FY 06 New Hires as a Percent of Examiner Staffing in the TC 20%19%37%32%26%32%30%29%31%

TC 1600 Hires and Attrits Corps FY 05 Hires FY 05 Attritions FY 06 BOY Examiner Staff FY 06 Hiring (10/1/06) FY 06 Attrits (10/1/06) FY 07 Hiring Goal FY 06 New Hires as a Percent of Examiner Staffing in the TC 33%29%16% 19%0%20%29%

Contact Information John Doll Commissioner for Patents Phone:

Thank you.