Posts Tagged: "office of management and budget"

Ninth Circuit Upholds Ruling Against Gil Hyatt: The Paperwork Reduction Act Does Not Apply to Individualized Communications Between The USPTO and Applicants

On May 20, the U.S. Court of Appeals for the Ninth Circuit affirmed the decision of the United States District Court for the District of Nevada, holding that requests for information by the United States Patent and Trademark Office (USPTO) to an individual are exempt from the Paperwork Reduction Act (PRA). Gilbert P. Hyatt is the named inventor on hundreds of inter-related patent applications that encompass over 100,000 claims. See Generally Hyatt v. U.S. Pat. & Trademark Off., 797 F.3d 1377 (Fed Cir. 2015). Both Hyatt and the American Association for Equitable Treatment (AAET) contend that patent applicants should not have to comply with certain USPTO rules because, they allege, the USPTO is violating the PRA.

Logan Murr

May 24, 2021

TPAC Discussions Focus on Office Funding, Government Shutdown & Trademark Legislation

The Trademark Public Advisory Committee (TPAC) held its first quarterly meeting of 2019 on January 25… Despite the projection that without a long term solution to the government shutdown funding would run out by mid-April for Trademark Operations, USPTO Commissioner for Trademarks Mary Boney Denison said that the Office was still planning to proceed with hiring new trademark examiners… The first quarter of 2019 and last quarter of 2018 indicated a decline in filings for the first time since FY2010, which could mean that the USPTO’s projection that trademark filings will increase by 6.1% this year is incorrect… In discussing levels of TTAB filings, Rogers noted that the last few years had seen significant increases in the number of oppositions and petitions for cancelling trademarks coming in through the front door of the TTAB’s filing system. While appeals were increasing, they were being outpaced by oppositions and petitions to cancel.

Eileen McDermott & Steve Brachmann

January 27, 2019

Patent Office workforce reduction should focus on eliminating ‘dead weight’ patent examiners

In pursuing President Trump’s federal workforce reduction plan the USPTO must target those patent examiners who have long been refusing to do their jobs. Losing these patent examiners to a workforce reduction will cut the “dead weight” from the Office without the Office losing productivity… And another thing that USPTO must do is this: Hire only those fluent in English to be patent examiners. As crazy as it sounds, patent examiners are hired by the USPTO who struggle mightily with the English language. It boggles the mind how a patent examiner who will be required to correspond in writing and speak verbally with applicants and their representatives can be employed for a position when they are not fluent in English, which is the official language of the Office.

Gene Quinn

April 23, 2017

Sequestration Politics Places USPTO Satellite Offices on Hold

With sequestration finally cutting the Republicans don’t seem to be in any rush whatsoever, so the Patent Office which really should be exempt is caught in the cross hairs. Although it is easy to point at Congressman Wolf, a Republican, and say the Republicans are to blame, that would be a mistake. Senator Coburn (R-OK) is a Republican and he fought to fully and fairly fund the USPTO. Furthermore, the reason the USPTO is bound by sequestration is thanks to the interpretation of the Office of Management and Budget. OMB is a part of the Executive Branch, so the President is in no way blameless. He has no trouble ignoring Congress when it suites him (i.e., the health care employer mandate delay) but when an argument could logically be made that the USPTO is not covered by sequestration no such argument was made. Thus, this is less a political issue than it is really bad kabuki theater.

Gene Quinn

July 21, 2013

AIPLA Challenges OMB on USPTO Sequestration Funding

Jeffery Lewis, who is the President of the American Intellectual Property Law Association (AIPLA), sent a letter to Sylvia Matthews Burwell, who is the Director of the Office of Management and Budget (OMB). In this letter Lewis, speaking on behalf of the AIPLA and its 15,000 members, challenged the legal interpretation of the budget cuts the Obama Administration says are required of the USPTO thanks to sequestration.

Gene Quinn

May 22, 2013