|Performance and Accountability Report Fiscal Year 2008
Management's Discussion and Analysis
Performance Goal 2: Optimize Trademark Quality and Timeliness
The Trademark organization measures for assessing examination quality include an evaluation for all issues that could be considered deficient in making a first and final action substantive refusal. Evaluations are conducted on a random sample of applications to review the quality of decision making of the examiner’s first office action and final action refusal.
The “in-process review” standard for assessing excellent and deficient work creates a comprehensive, meaningful and rigorous review of what constitutes quality.
The results of an examiner’s first action and final refusal are reviewed for the quality of the substantive basis for decision-making, search strategy, evidence and writing. The measures consider elements for review and evaluation with training targeted to topics that warrant improvement. Examiners are given feedback about excellent as well as deficient work to further improve quality.
Data Verification and Validation for Trademark Final Action Compliance Rate and Trademark First Action Compliance Rate
Trademark first action pendency measures the average number of months from the date of application filing to the first office action.
Trademark average total pendency measures the average number of months, from the date of application filing to the date of disposal. Disposal includes registration, abandonment or issuance of a notice of allowance, excluding applications, that are suspended and awaiting further action or involved in inter partes proceedings.
Disposal pendency, including suspended and inter partes cases, was 13.9 months. Excluding applications that were suspended or delayed for inter partes proceedings; disposal pendency was 11.8 months.
Data Verification and Validation for Trademark Average First Action Pendency and Trademark Average Total Pendency including suspended and interpartes cases
The number of trademark applications has progressed steadily over the years as a result of promotional events, increased number and type of applications, electronic filing, improved functionality and enhancements, and financial incentives, for example, lower fees.
The Trademark organization has created an electronic trademark application record management process by capturing nearly 100 percent of the application inventory as an electronic file that includes text and image of the initial application and subsequent applicant and office correspondence. Examining attorneys use the electronic record to process and examine applications, manage their dockets of pending work, and take action on applications.
Data Verification and Validation for Trademark Applications Filed Electronically
Measures the relative cost-effectiveness of the entire trademark examination process over time, or the efficiency with which the organization applies its resources to production.
Data Verification and Validation for Trademark Efficiency
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