Posts Tagged: patent examiner


More Applicants Should Use the First Action Interview Program

The First Action interview (FAI) program affords applicants a no-fee opportunity to speak with examiners early during prosecution, before the examiner has invested the time to prepare …

The Blame Game: Why hasn’t the Patent Office done anything about low quality patents?

The PTAB is instituting 80% of inter partes review (IPR) petitions, which can only be interpreted as clear evidence of the extraordinarily low quality of patent examination at …
By Gene Quinn 1 month ago 68

Ex Parte Appeal as a Potential Means to Quick Allowances

We set out to study the life cycle of appeals by conducting a stage-by-stage analysis to identify what fraction of applications were exiting the appeal cycle and …
By Kate Gaudry & Sameer Vadera 1 month ago 6

Using contrasting examples to rein in capricious application of Alice by the patent examining corps

Although categorizing abstract ideas could be helpful, the use of categories expands the risk of overbreadth, especially when the categories have little definition, include sub-categories, and lack …
By Louis Hoffman 3 months ago 7

The USPTO harms the economy with over-aggressive, haphazard Alice-based 101 rejections

It is poor patent policy to have broad areas of technology deemed patent-ineligible entirely, or ineligible without the high cost of attorney time to argue, and likely …
By Louis Hoffman 3 months ago 13

The patent system will survive, but not thrive over the short term

Bruce Kisliuk: ''Those with more resources have some advantages in any litigation. That’s one reason a patent right is important, it can level that playing field …
By Gene Quinn 5 months ago 1

Patent quality is much ado about nothing without better patent examiner controls

The end goal of any patent application is to obtain a patent, which is true whether an applicant find themselves assigned to a patent examiner in an …
By Gene Quinn 6 months ago 31

Statement by USPTO on Alleged Patent Examiner Time and Attendance Abuse

In a statement released late afternoon on Thursday, USPTO Chief Communications Office Todd Elmer explained that the USPTO "takes very seriously even one incidence of time and …
By U.S.P.T.O. 9 months ago 3

USPTO pays patent examiner for 730 hours fraudulently not worked

According to the IG report, “Examiner A committed at least 730 hours of time and attendance abuse, resulting in the payment of approximately $25,500 for hours not worked in …
By Gene Quinn 9 months ago 14

Biased Report Chastises USPTO for Insufficient Quality Control

A fair treatment of the issue of patent quality would have necessarily considered those applicants that were wrongfully denied, as well as the extraordinary wait one must …
By Gene Quinn 1 year ago 25

The Unforeseen Impact of Alice

The fact is, patent examiners are struggling with the application of 35 USC 101 in light of the Alice decision just as much as everyone else. Greater uncertainty among …
By Manny Schecter 1 year ago 59

Post-Alice, Allowances are a Rare Sighting in Business-Method Art Units

Since the Alice Corp. decision, rejections under 35 U.S.C. 101 have become substantially more common in business-method art units, and notices of allowance have become substantially more …
By Kate Gaudry 1 year ago 4

High Value Patents – Where Strength Meets Quality

The terms patent strength and patent quality get used frequently within the industry, but what do they really mean? To a large extent the meaning of the …
By Gene Quinn 1 year ago 6

USPTO Retention Efforts – Tuition Reimbursement Returns but No Loan Repyament

Paying for tuition is an excellent way to keep dedicated, talented employees while they continue to obtain training that will help them fulfill their duties at the …
By Gene Quinn 2 years ago 3

Examiners Begin Issuing Alice Rejections for Software

He says he has seen the below form paragraph twice within a week. Most alarming, in one case the form paragraph came in the form of a …
By Gene Quinn 2 years ago 26