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Inside Look at Patent Examination

KingFatty writes "This article written by a former patent examiner describes patent application as a matter of luck when it comes to the competency of the examiner. "Every examiner starts with his or her first patent application after receiving just two weeks of training at the USPTO Patent Academy, where he or she learns the basics of the Manual of Patent Examining Procedure. Will your patent application be examined by that newly recruited examiner? If so, will the examiner's supervisor (supervisory patent examiner or SPE)[be] sufficiently skilled in the art in which the patent application is classified?" Gives insights as to the problems with the US Patent and Trademark System."

3 of 214 comments (clear)

  1. Turnover by Talking+Toaster · · Score: 5, Interesting

    Every examiner starts with his or her first patent application after receiving just two weeks of training

    So, what is the turnover rate at the USPO?
    What percentage of the examiners are seasoned examiners of patent applications etc.
    What percentage of the examiners have worked there for less than 2 years?

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  2. Always Reject on the First Round by StateOfTheUnion · · Score: 5, Interesting

    I was talking to a lawyer about patent applications once . . . his comment was that they are always rejected on the first round, so it was best to actually not submit all documentation in the first round so that there would be additional documentation to submit during the second round. His claim was that patent employees are overworked and often underskilled (because they are required to have such a broad breadth of knowledge) and if they don't know a lot about the particular technology, they would reject the application based on some general ground rules . . . if you gave a lot of extra data, etc. in the resubmittal it would often go through. I don't know if this is a common practice and IANAL, but I think its more than a bit sad that a lawyer would have such a cynical view . . . and perhaps even more sad if the system is actually deserving of this cynical view.

    1. Re:Always Reject on the First Round by radiumhahn · · Score: 5, Interesting

      I'm 4 years into a patent examination... I wish I could go back and reword some of the original text... You need to define everything upfront because they wont let you change your application other than to clarify better what you have already claimed. You'll have to file a new patent for anything extra. I am pretty sure I got a bad draw...one of the rookies... my advice is to use understandable claims that are phrased in a way that AI and indexing software will never find any matches... If you use popular words and phrasings you are asking for trouble.