Posts Tagged: "second pair of eyes"

Alice Experts and the Return of Second Pair of Eyes to the PTO

In every art unit examiners confirm that there is an examiner within the Art Unit who is the Alice expert and that examiners have said that even if they are ready to allow a case, nothing can be allowed without the approval of that Alice expert. This sounds quite similar to second pair of eyes review, which wreaked enormous havoc on the patent system over a decade ago. Second pair of eyes review was one of the primary reasons why patent pendency got out of control and the backlog of patent applications grew to well over 1 million unexamined patent applications. It seems to have returned under the guise of Alice.

Recession Not Responsible for Dip in US Patent Filings

In the popular press there have been a number of stories over the last week or so regarding how the US is losing its edge in innovation as indicated by the drop in patent filings between fiscal year 2008 and fiscal year 2009.  The headlines have been sensational at times, claiming that the recession is affecting US innovation.  While such…

Senate Acts to Prevent USPTO Furlough or RIF

Last night the United States Senate passed a bill that authorizes the United States Patent and Trademark Office to shift funds between different USPTO accounts in order to avoid the Patent Office having to furlough or terminate patent examiners.  Under the Senate bill the USPTO would be able to shift funds from the Trademark side of the building, which is…

USPTO Needs Improved Work-flow Management

In 2006, Peter Orszag, the current head of the Office of Management and Budget, observed in an article he co-authored for the Brookings Institution: Because the U.S. is at the frontier of modern technological and scientific advances, sustaining economic growth depends substantially on our ability to advance that frontier. Orszag is, of course, correct. Unfortunately, without meaningful and near immediate…

Second Pair of Eyes Fails Innovation in the US

Monday I wrote about how the United States Patent Office is holding innovation hostage, and is treating applicants unfairly, at least insofar as some applicants seem to have their cases advance quickly and other applicants seem to wait for many years without any action whatsoever. I have gone on record saying that I believe the Patent Office is taking important…

Saving US Innovation: More Patent Funding Needed

Yesterday I posted an article titled Innovation Held Hostage by the Patent Office.  In the article I detailed some troubling things I have learned regarding what appears to be best explained by patent examiners taking cases out of order.  The Patent Office is a first-in-first-out (FIFO) system, or at least it is supposed to be.  A couple patent attorneys have…

Innovation Held Hostage by the Patent Office

The June 15, 2009, edition of Business Week has an interesting article about innovation by Michael Mandel, which concludes that during the last decade US innovation has failed to deliver on the hyped promises, and this failure of innovation may have contributed to the economic woes we are now experiencing. Indeed, this article is interesting for many reasons. First, how…

Will Obama Ever Select a PTO Director?

Admittedly, the selection of an Undersecretary of Commerce for Intellectual Property, a post that also carries the title of Director of the United States Patent and Trademark Office, is not as important in the greater scheme of things as many of the other posts President Obama has had to fill.  Having said that, given the unique and real challenges facing…

Obama Administration Tackling Patent Backlog

Even before President Obama announces his selection for Undersecretary of Commerce for Intellectual Property, a post known by those in the industry as the Director of the Patent Office, senior level management Officials inside the Patent Office are beginning to take real and concrete steps to address the enormous backlog of cases that was allowed to build under the stewardship…

More Funding Needed for Patent Granting Authority

I am writing from New York City today.  I am here for the PLI Patent Bar Review Course, which kicks off our summer run of courses.  Over the next couple months John White and I will crisscross the country from New York, Houston, Boston, Los Angeles, Chicago and Atlanta, spreading patent teachings to aspiring patent attorneys and patent agents.  Right…

An Interview with the Acting Commissioner for Patents

Just over two weeks ago I wrote an article explaining that quality review at the USPTO was changing for the better.  Shortly after this article published I received a telephone call from the Office of Public Affairs at the USPTO.  We chatted about this article and one thing lead to another and ultimately I spoke with Acting Commissioner for Patents,…