USPTO Reportedly Putting the Squeeze on Patent Examiners with New PAP
According to reports on Reddit from patent examiners (on r/patentexaminer), the USPTO has emailed patent examiners a new Performance Appraisal Plan (PAP), aimed at increasing the work requirements for patent examiners (without any reported increase in pay). Two potential changes that could have the biggest impact on prosecution involve interviews and use of the Patent Prosecution Highway (PPH).
Regarding interviews, it has been reported that the new PAP will reduce the interview allowance for examiners from one hour per interview to one hour per round of examination (from initial filing to filing of a request for continued examination [RCE] for example). Although time for additional interviews may be provided with the approval of a supervisory patent examiner, this could lead to an outcome in which applicants could count on only a single meaningful interview in a round of examination, either after a first non-final Office action, or after a subsequent final (or non-final) Office action. Examiners might grant a request for a second interview, but they might be unlikely to put forward much time or effort for the second interview if no credit will be given for time spent on a second (or subsequent) interview.
The other change likely affecting patent prosecution is a reduction of the credit examiners are reported to receive for handling applications under the PPH program, from the present 2.0 counts, to 1.5 counts. PPH applications will continue to get expedited consideration on an examiner’s docket, but the reduced amount of time credited for examining PPH applications could create a situation where an examiner is incentivized to “rubber stamp” PPH applications, allowing them based on the indication from another patent office of patentable subject matter, rather than engaging in a thorough new examination for which the examiner does not get the usual production credit.
As we continue to monitor the installation of new rules, we will do so with an angle toward creating intellectual property strategies that acknowledge these challenges and protect our client’s interests. Contact us for more information about these and other topics.
The attorneys at Renner Otto will continue to monitor this and other developments as they occur at the USPTO. We strive to be authorities in all matters concerning the ever-evolving landscape of Intellectual Property; however, the information provided on our website is not intended to be legal advice, nor does it create an attorney-client relationship.