Strategic Plan > Index to Action Papers > Trademark Quality Improvement: In Process Review and Second-Pair-of-Eyes

Action:

The Trademark Operation will incorporate in-process review and/or "second pair of eyes" into its examination and review process to improve the quality of examination.

Background Information:

Trademark examining attorneys, examining applications for the registration of trademarks in the Trademark Operation, are moved through a series of training courses and certification procedures until they are authorized to work independently and are solely responsible for decisions to refuse marks or approve for publication.  The authority to work independently is known as "full signatory authority."  Currently, the only review of work of "full signatory" examiners is done by the Office of Trademark Quality Review (OTQR) and their managing attorney under the performance appraisal plan.  Both review processes only include a small percentage of actions taken by the examining attorney. 

However, the Trademark Operation currently receives a fairly large number of complaints regarding first office actions taken by examining attorneys related to the need for the action and/or the consistency of the office action.

The Trademark Operation recently initiated a pilot project focused on the monitoring of the quality of first actions.  This pilot in-process review activity regarding first actions indicates that improvements in quality of office actions taken by examining attorneys, regardless of their experience in the Office, is needed.

Options Considered:

Option 1

Create an internal in-process review for first actions where a statistically significant sample of first actions is reviewed for quality and correctness.  Information will be collected in a database and used to identify training needs either for individual examining attorneys or for the organization if the problem appears to be endemic.

Advantages: 

§       Results would lead to targeted training for examiners or on specific issues, which should allow the Trademark Operation to address "real time" quality issues and substantially improve the quality of office actions.

Disadvantages: 

§       Cost

Option 2

Create "second pair of eyes" review with a focus on statutory refusals for "expedited" examination options.  Review would not encompass reexamination, but would focus on necessity of refusal and on the quality of the office action with a requirement for rework if the office action did not meet standards.

Advantages: 

§       Eliminate unnecessary refusals

§       Encourage use of e-filing and "expedited" examination process

§       Addresses concerns of applicants regarding consistency and quality

Disadvantages: 

§       Increased cost and/or lower production (if review is done by examining attorneys)

Option 3

No change to current system.

Advantages: 

§       Lowest cost

Disadvantages: 

§       Quality issues will not be effectively addressed

Proof of Concept:

The USPTO has an existing cadre of experienced attorney advisors responsible for assessing examination quality from a statistically significant sample of applications each year.  The results of these evaluations are published annually as a measure of examination quality.

The USPTO will design a pilot to test the viability of the concept to create a "second pair of eyes" review process.

Input from the user community will be considered in the design of the pilot program.  The results of the pilot will be evaluated and shared with the user community prior to making a decision regarding substantial changes or resource investments.

Timeline:

·       Implemented "in-process review" on October 1, 2002.

·       Seek input from the user community on the design and evaluation of program to test "second pair of eyes" in fiscal year 2003 through presentations to the user community, discussions with the Public Advisory Committee for Trademarks and through Official Gazette notices soliciting comments.

·       Propose/conduct a pilot program to test the concept.

·       Share the results of the pilot program with the user community.

·       Implement "second pair of eyes" following successful results of a pilot program and consultation with user groups following implementation of the Trademark Information System (TIS) and expedited examination.

KEY: =online business system =fees =forms=help =laws/regulations =definition (glossary) Is there a question about what the USPTO can or cannot do that you cannot find an answer for? Send questions about USPTO programs and services to the USPTO Contact Center (UCC). You can suggest USPTO webpages or material you would like featured on this section by E-mail to the webmaster@uspto.gov. While we cannot promise to accommodate all requests, your suggestions will be considered and may lead to other improvements on the website.