October 1, 2009
PTO Issues Count System Proposal that Includes Additional Time for Examination
by Mark Malek
On September 30, 2009, Director Kappos issued an update to the Patent Examining Corps and, in it, addressed the way in which Patent Examiners are evaluated for production. (You find a copy of his propasal here). Many patent professionals believe that the current count system seems to be one of the problems causing the backlog at the patent office. The Director’s update represents only a start to solving the bigger problem, but it is, nonetheless, a start.
In the overview, the proposal sets for providing more time for Examiners to review applications, providing time for Examiners to conduct interviews, and diminishing credits that Examiners receive for Requests for Continued Examinations (RCEs). Of specific interest to me was a quote that I noticed right in the overview: “Reduce Examiner reluctance to allow applications.” WOW! That seems like a huge step in the right direction to me. It should certainly feel like a step in the right direction for Applicants.

