Strategic Plan > Index to Action Papers > Evaluation of Search Quality

Action:

In order to enhance patent quality, the USPTO will implement an improved Quality Assurance Program.  One important component of the improved program is enhancing the evaluation for the quality of the search product. 

Background Information:

The USPTO recognizes a robust quality assurance program is critical to maintaining the public's desired level of patent product quality.  The public's interest in quality has been repeatedly and strongly voiced.

Options Considered:

The adequacy of prior art searches performed by USPTO examiners is evaluated as part of the various quality reviews performed at the USPTO.  These reviews include allowance reviews by the Office of Patent Quality Review (OPQR), "second pair of eyes" reviews performed by Quality Assurance Specialists (QASs), in-process reviews (IPRs) performed in each Technology Center, and day-to-day monitoring of examiner's work product. 

It is being proposed that searches be performed by other parties in addition to examiners.  It will be necessary to evaluate the adequacy of searches of all parties providing this work product to ensure that the searches are complete and of the highest quality.  The monitoring of search quality will be integrated into the regular Quality Assurance Program.  Data collection on search quality would occur at two data collection points as part of the standard review process:

1) Day-to-day review of searches by examiners as they begin examination; and
2) In-process review of applications.

This option addresses only measurement of search quality.  The establishment of the search criteria and actions to be taken after search evaluations are completed are both addressed in other papers.  The criteria for the review of search quality at data collection points 1 and 2 will be based on the search criteria established.

USPTO Recommended Course of Action:

Incorporate an evaluation of search quality into the work product review process.  The evaluation of search quality is now included in all expanded work product reviews. Specifically, the adequateness of the search is being evaluated.  This is being accomplished by the QAS and SPE in their expanded IPR and allowance reviews.

Proof of Concept:

The evaluation of search quality will be tested within the expanded IPR projects, and where appropriate, will include exploitation of search results (Work Sharing 1 (P-36)) and PCT competitive sourcing (Flexibility 2 (P-28)).  Data gathered during the first year of these projects will be used in establishing search criteria during subsequent years.

Estimated Benefits:

Quality:  Quality of substantive examination will be enhanced since examiners will have better training programs based on improved feedback to examiners, as well and certified search services once the multi-track examination process (Pendency 2 (P-01)) is implemented. 

Cost-effectiveness:  In the new multi-track process there will be a significant need to make sure all examiners are ready for re-certification.  The Quality Assurance Program is a relatively low cost way to assess general and individualized examiner training needs and to maintain assurance of the desired knowledge, skills, and abilities for all examiners.

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