Gene Quinn of IPWATCHDOG.COM has a troubling an interesting post about the USPTO from the inside. For anyone curious as to why the allowance rate has dropped below 50% (it is presently at 42%), and why the quality of examination has declined so much in recent years, I recommend taking a few minutes to read Mr. Quinn’s post entitled “Perspective of an Anonymous Patent Examiner“. A few nuggets from the anonymous Examiner:
[The USPTO’s] “reject, reject, reject now” policy is encouraged by management’s policy of issuing a written warning on an examiner’s permanent file for allowance error percentage above 10%.
Additionally, there is a lack of motivation to get cases allowed, because there is no incentive for the examiner to do the extra work required to arrive at claim language which can be allowed.
Over the years, I too have heard many of the same views from multiple Examiners. It is little wonder why morale at the USPTO is so low. I leave you with Mr. Quinn’s final question from his post, which I second:
With so many Czars and hundreds of billions of dollars being thrown around Washington, DC, can’t we get just a little attention at the agency that is tasked with promoting the progress of science and useful arts? I don’t think that is too much to ask for, is it?
© 2009, Michael E. Kondoudis
The Law Office of Michael E. Kondoudis
DC Patent Attorney