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Performance and Accountability Report Fiscal Year 2005
Management's Discussion and Analysis

Table of Contents | Management | Financial | Supplementary | Auditor | IG | Other

The Patent Organization – What’s Ahead

The USPTO must address the challenges of rising workloads, the shift of applications from traditional arts to more complex technologies, and changes in the timing of some of the milestones of the Strategic Plan which will delay the efficiency gains outlined in the Plan.

Photo showing a class of newly hired patent examiners receiving training on the role and responsibilities of being a patent examiner.

A class of newly hired patent examiners receives training on the role and responsibilities of being a patent examiner.

In FY 2006, we will continue to emphasize the importance of quality and timely examination by continuing and building on programs currently in place. We will also focus on the hiring, training, and retention of our employees. In January 2006, the Patent organization will pilot an eight-month, university-style training program for new patent examiners. The program will provide participants with a more structured initial training so that they will have a better understanding of the examination process and be better equipped to effectively contribute after assignment to a technology center. The existing Patent Examining Initial Training program will run concurrently until the new university concept is reviewed and fully implemented.

In recognition of the vital importance of technical support in building an efficient examining organization, we will design a certification program for the technical support staff in FY 2006. To ensure that patent examiner candidates possess the needed competencies to succeed, and to improve the efficiency of the hiring process, the Patent organization will develop, with an on-line pre-employment screening tool. Reviews of work products throughout prosecution to ensure compliance with examination practice and procedures standards will continue, and feedback from these reviews will drive our training programs. In combination, these initiatives will improve patent quality.

During FY 2005 the Patent organization initiated a program to ensure that applications filed under existing provisions to request expedited examination for certain subject matter areas or under certain circumstances are acted on timely. During FY 2006 the Patent organization will review the existing program and consider revising the accelerated examination provision to provide guaranteed final examiner disposition within 12 months if applicants share a greater burden in assisting the examiner. Any subject matter would be eligible for this provision of expedited examination.

Photo showing Chief Administrative Patent Judge Michael Fleming and other BPAI officials demonstrating the video features of the new electronic hearing room.

Chief Administrative Patent Judge Michael Fleming and other BPAI officials demonstrate the video features of the new electronic hearing room.

Both the Patent and Trademark operations are rapidly moving to eliminate paper documents from their processes. As the reliance on paper disappears from internal processes, the costs for handling applications and related materials will be substantially reduced. The deployment of a web-based electronic filing system accommodating PDF attachments, in conjunction with a marketing program to inform patent applicants of the availability and benefits of the system, will encourage more applicants to file electronically.

The Patent organization is also looking at proposed rule changes that are directed to supplementing improvements in effective examination quality. There are pendency reduction benefits with some of these changes although the main focus is on quality. These proposed changes, if implemented, are anticipated to become effective no earlier than FY 2007.

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