Even with an extensive litigation background I think ones qualifications for administering patents can be an issue. Administration is a huge issue in the patent office both from an efficiency stand point and from a qualitative perspective. While I think “telecommuting” is an impediment to running any office effectively I am more concerned with her having a lack of experience in patent prosecution matters. What can one do at the patent office (except trademarks) without being a registered attorney or agent? How can one then oversee the administration of a practice in which they themselves have never practiced? I think the telecommuting and politics-over-practice attitude evidences a lack of commitment to the nuts and bolts of the practice. Without a genuine commitment it does not matter how much experience in anything you have. If you could leave the Patent Office off of your resume for the first 20 years I don’t know why you want to come in at a leadership level to put it on there.

I think most of us would like to see anyone who has a concrete plan to bring better efficiency and qualitative reviews of applications to the PTO. Congress has enough to worry about before they start delving into patent law.

Thanks for the information. The source for the telecommuting information was Barner herself. She told a reporter I know that she was telecommuting right after she was announced. I can see how what you describe would be viewed as telecommuting, but would also not at all be problematic. This seems to be what Congress does. At times in my life I have done that as well, having an apartment near a school I taught at and then went home to my wife and family on the weekends. Not ideal, but very different than a permanent telecommute.

-Gene

I just don’t know what to make of this, and think there needs to be some explanation. Perhaps there is a justifiable reason, or her duties can be performed remotely. I just don’t know. What I do know, however, is an Administration that campaigned so hard on transparency seems to leave an awful lot hanging, which leads to speculation. I would love to hear an explanation, if there is one.

-Gene

The deputy position is a presidential appointment that does not require Senate confirmation. If it did, there is virtually no chance that (tele)commuting would be acceptable. Senators can enforce their will many ways.

On the merits of (tele)commuting, I am aware of numerous cases in which appointees choose not to relocate to Washington and physically commute. I am also aware of professional colleagues who work in Washington (often 3-4 days a week) and go home on weekends. For people whose positions mean heavy travel, it may make no difference. It is different, however, for government appointees. Because Barner lacks any credible governmental purpose to go to Chicago, she will have to pay for her own air transportation. I gather from her bio that she can afford it. But even this restriction can be finessed somewhat by scheduling travel so that being in Chicago is, well, serendipitous.

What I do not understand is how one can do an administrative job by (tele)commuting, and I gather that the deputy’s job historically has been an administrative one. So it seems possible that she has negotiated a non-administrative portfolio, and administration will be assigned to someone else. That could work fine. But if she is going to tackle the conventional administrative job by remote control, then I foresee problems.

I just don’t know. This is something that is begging to be addressed though with more information. Even if she is hotelling, how can that be acceptable for the No. 2 person in the Office? I am either missing something altogether (yes, know I just set myself up saying that) or this is a very bad idea.

-Gene

I hear you and agree. The friend/fundraiser issue makes me uncomfortable, but for no valid or justifiable reason. I don’t like political patronage, but who do you have in your circle if not friends and people you can trust? Still, I am uncomfortable with it, but wanted to clearly acknowledge the non-rational nature of my bias.

The No. 2 being 700 miles away is another matter altogether. I don’t know how that will work. If it is a precursor to regional patent offices then GREAT! Something tells me that is not the case though. We will have to wait and see.

-Gene