Posts Tagged: patent examiner

How NOT to Respond to an Office Action

On September 19, 2016, a pro-se inventor filed an Office Action Response that will go down in the annals of Patent Office history right up there with the Are …
By Gene Quinn
26 days ago 34

The Inspector General’s Report Alleging PTO Examiner Time and Attendance Abuse Has No Merit

On August 31, 2016, the Office of the Inspector General (OIG) of the U.S. Department of Commerce (DOC) released a report titled Investigative Report on Analysis of Patent …
By Ron Katznelson, Ph.D.
1 month ago 4

Hearing on Examiner Fraud a Big, Fat Nothing Burger

Prepared statements released in advance of the hearing talked tough, but that was pretty much it. Insofar as getting to the root of the problems identified in …
By Gene Quinn
1 month ago 23

Inspector General’s Hyperbolic Report Distracts From Improving Patent Quality

More importantly, the OIG’s report misses the point. Nearly everyone agrees that the quality of patents being issued is a problem, but the OIG didn’t …
By Matt Levy
2 months ago 15

Commerce IG Report: Patent examiners defrauded government of millions for unworked time

The investigative report, prompted by interest caused by the infamous “Examiner A,” who falsely claimed he worked 730 hours in fiscal year 2014, concluded that for the 15-month period …
By Gene Quinn
2 months ago 78

The Dynamics of Patentability Beyond §§ 102 and 103

It is the personal relationships and dynamics between those junior and senior examiners where the final, hidden gate to patentability stands. Between them, the junior examiners perform …
By Jason Perilla
2 months ago 3

Steps the PTO must take to address low quality patent examination

While any system should always aspire to provide better quality, the patent system included, patent quality is a two way street that requires the Office to look …
By Gene Quinn
3 months ago 14

Breaking through the culture of Examiner v. Applicant at the USPTO

Somehow a culture of Examiner v. Applicant has evolved. There doesn't seem to be much in examiner training to pit them against external stakeholders. No evidence there …
By Raina Haque
3 months ago 26

Are the Pre-Appeal Conference and P3 Hopelessly Rigged? Practice Tips for the Savvy Practitioner

The unadvertised feature is that the Pre-Appeal Conference board is assembled by an administrative assistant in the technology center, but the P3 board is assembled by the …
By Russ Krajec
3 months ago 2

Message from the USPTO: It’s Patent Prosecution, not Persecution

Examiners are not supposed to think about the nebulous areas of 101, 102, or 103, nor are they to interpret case law from judicial opinions. Instead, the USPTO has already …
By Raina Haque
3 months ago 80

Prosecution reopened: Examiners stop applicants from appealing

Due to a bizarre jurisdictional “feature,” the Board does not actually get jurisdiction over a case until either a Reply Brief has been filed or the time …
By Gene Quinn
3 months ago 26

Administrative Purgatory: Waiting 14 months and counting for action after Board reverses examiner

Delay, frustrate, harass and ignore patent applicants. Issue frivolous rejections if necessary, but reject at all costs. If the Board issues a complete reversal just reopen prosecution. …
By Gene Quinn
3 months ago 17

Are patent examiners instructed to issue frivolous rejections?

So an applicant waits years on appeal to get relief from frivolous rejections, achieves a complete and total victory, and their reward is another bogus rejection from …
By Gene Quinn
3 months ago 44

E-Commerce Art Units: Where Patent Applications Go to Die

Upon closer review things are much, much worse than I previously reported. The problem is also far more widespread. Using LexisNexis Patent Advisor®, I looked at the …
By Gene Quinn
3 months ago 108

What the Patent Office Refuses to Understand

This new post-prosecution pilot program feels a lot like rearranging the chairs on the Titanic. Unless and until the Patent Office does something about recalcitrant patent examiners …
By Gene Quinn
3 months ago 81