USPTO PPAC 2014 Annual Report: Key Highlights and Recommendations

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PPAC 2014 Annual Report Overview

  • Report: 2014 Annual Report by the Patent Public Advisory Committee (PPAC)
  • Purpose: Evaluate USPTO programs and recommend actions to improve efficiency, quality, and technology.

IT Systems

  • PAIR system (Patent Application Information Retrieval) is notoriously unreliable and prone to crashing.
  • USPTO’s main transaction-handling system runs on proprietary 1980s technology.
  • Budget cuts and sequestration have restricted or halted IT investment and development.
  • PPAC recommendations:
    • Increase funding for IT improvements.
    • Replace legacy systems to improve reliability and functionality.

RCE and Appeal Backlog

  • RCE (Request for Continued Examination) backlog:
    • October 2009: ~17,000 RCEs
    • March 2013: >110,000 RCEs
  • PPAC recommendations to reduce backlog:
    1. Pre-appeal brief conferences: allow applicant participation alongside multiple primary examiners (currently closed-door with only conclusions shared).
      • Could improve communication and prosecution progress, though may conflict with MPEP policies (§713.04, §713.09).
    2. Expedited appeal review: allow applicants or third parties to pay a fee to fast-track pending appeals, similar to Track One prioritized examination.
    3. Amended docket for RCEs: encourage faster consideration or set a goal of resolving RCEs within four months.
    4. Additional amendment options: allow entry of two responses as-of-right or pay to file one more amendment after final rejection without needing an RCE or appeal.

Patent Quality Improvements

  • Crowdsourcing prior art: encourage public participation to help examiners identify relevant prior art.
  • Improving examination process:
    • Avoid sending applications to final status too quickly.
    • Increase use of second non-final rejections.
    • Improve quality of final rejections.
    • Consider after-final amendments more carefully.

Summary

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