Every Day Is Goof-Off-At-Work Day At the US Patent and Trademark Office
McGruber writes An internal investigation by the U.S. Patent and Trademark Office found that some of its 8,300 patent examiners repeatedly lied about the hours they were putting in and many were receiving bonuses for work they did not do. While half of the USPTO's Patent Examiners work from home full time, oversight of the telework program — and of examiners based at the Alexandria headquarters — was "completely ineffective," investigators concluded. The internal investigation also unearthed another widespread problem. More than 70 percent of the 80 managers interviewed told investigators that a "significant" number of examiners did not work for long periods, then rushed to get their reviews done at the end of each quarter. Supervisors told the review team that the practice "negatively affects" the quality of the work. "Our quality standards are low," one supervisor told the investigators. "We are looking for work that meets minimal requirements." Patent examiners review applications and grant patents on inventions that are new and unique. They are experts in their fields, often with master's and doctoral degrees. They earn at the top of federal pay scale, with the highest taking home $148,000 a year.
Film at 11.
Patent US 9063520 A: The U.S. Patent and Trademark Office
A method and system for under-performing approval of patents.
Seriously? You're posting this here without telling me how I can get this job? From the sounds of it, I could do it in the background while at my real job.
"Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
... that one of them will find the successor of General Relativity in his goof-off time :-)
That people at work would have time to goof off like this.
(I would have had first post, but my boss walked by and I had to alt-tab to my spreadsheet).
Congress will investigate this of course and I wonder if thePTO will have the balls to say they can't find their emails.
I know someone who works there, and they complain quite a bit not just about some of the other workers but also a lot of the folk semi-external to the office on whom they have to rely. Not exactly useful information, I know, but it makes me wonder.
I can only hope that these experts rushing to get their reviews done quickly at the end of the quarter can be replaced by pattern matching AI. Their results if rushed have huge implication in the million s and billions for certain industries. Also, is there any tracking of who has which patents to review? Is the person filing the patent ever allowed to have communication with the reviewer? I would imagine there is plenty of room for bribery or pay off to let a certain patent review through.
And like most notoriously poor patents granted; they will not reveal details of their goof-up; or how it works. Nobody else can copy their style of work since they have design patents on those things as well.
If you keep throwing chairs, one day you'll break windows....
Im sure they have access to each other. In fact this may be why they only really work PT. The other time they are busy meeting with these people taking bribes.
So far it doesn't sound like people are really surprised here.
of why small-government types are not completely out of their fucking gourd.
I thought, maybe a few hundred work as patent examiners, tops. 8300? REALLY?
You're telling me 8300 people can't properly examine the existing patent landscape, and diligently determine if something is prior art, just math, not a unique process, or not patentable? 8300 People? Wow! Now THAT is a sobering thought!
On a second note, have the IRS due a 10 year audit on ever single examiner! Hell, a 20 year audit! This entire environment sounds unclean!
I used to work at the patent office, and I can tell you the article doesn't quite understand the way the office works. Examiners are required to get a very specific amount of cases done for the hours they work or they are fired. They seriously total up the hours worked and require X number of cases done based on it. At worst what is happening is that people are slacking off at the beginning of a quarter and then working extra at the end to make up for it. But it's not like they never do any work. If someone doesn't make their counts, as they call it, they are pretty quickly in trouble.
So the worst here is that some examiners might be doing a bad job at the end of a quarter because they slacked off at the beginning of it. Even still, there's a lot of other reasons why someone might get less counts at the beginning of a quarter. They might be working on their harder cases early, for example, because they're not up against a deadline. Or they might be hanging on to cases they've worked on just to think them over -- since they aren't really due yet. So it's hard to say what's really going on here. There are definitely some bad examiners but there's no way people are never working or they wouldn't get their counts and they'd be fired.
I was recruited by a friend for a patent examiner position. Glad I declined because instead I get to spend my time surfing slashdot instead.
Government inefficiency? Who could have possibly seen this coming?
How is that different in private sector? Article implies that this problem is only widespread in the government sector, when in my experiences this is global problem rooted in 'human condition'.
A pal of mine went from "Korporate Amerika" into a local county gov't. civil service job & told me: "It's the most money for the least amount of work I've ever done as a job"... that tell ANYONE, anything, per my subject-line above? Does me! Personally, I would love to see (and I'd vote for him) a presidential candidate that would run on THIS single political promise for a platform - "You, the individual U.S. Citizen, at the county, state, and federal levels, will be granted options as to WHERE every single tax dollar you pay in income taxes will go" (allowing sales tax to be apportioned by gov't. however, as it is now, MINUS raising those taxes without approval of their constituencies in citizenry @ those levels). It would change, everything (for the better).
APK
P.S.=> Think about that.... apk
I would have thought this Obvious given that Einstein developed the theory of Relativity, revolutionizing nearly every field of science, all while working there.
Let's see... light is always propagated in empty space with a definite velocity... ...which is independent of the state of motion of the emitting body...
er...
Icons with round corners? Approved...
One click purchase? Whatever... approved...
That is, light in vacuum propagates with the speed c...
Patent examiners not working more than 24 hours a day?
One person should be able to manage the entire government in thier spare time!
As a reviewer for USPTO, I can tell you that it's far worse than this article portrays.
Typically, I don't do an ounce of work until my deadline is coming up. Then I just diarrhea though my queue, spending less than 10 seconds on a typical application. If you want an analogy, think of it as filing 90% of your work email based on subject alone. I do give more attention to certain applications (the 10% of email you actually read, using the same analogy). These typically fall into one of three categories:
1: Applications that look interesting/entertaining to me.
2: Applications that are a refile of a previously rejected one.
3: Applications that hit the top of my queue when I'm bored of rubber stamping a bunch. Reading the damned things and doing my job actually becomes a break from the monotony of approve approve approve reject approve approve reject.
From what I've seen, this pattern of work is typical. A major compounding factor is the fact that if you reject an application, it's likely to come back and be noticed, but if you approve an application, no one notices. So when you're blitzing through shit you typically want to approve shit unless it's absurd. And if it's ridiculously absurd, you'll want to approve it - we used to hold a competition to see who could approve the most ridiculous patent each deadline. I've stopped doing it since 2 of the people I worked with left, but I know this practice goes on with other groups of reviewers.
Management knows this shit goes on but is powerless to stop it because it means someone would have to actually review the patents, and the managers sure as shit aren't going to even look at them unless it's from a high profile company. All they care about is the numbers. Total number reviewed is king, but they do look at the % approved, too. There are no targets or quotas for % approved, but if you're actually doing your job you'll get shit from your manager because your % approved is going to be significantly lower than average. So you learn to approve shit that's obviously retarded. The "reasoning" behind this is that we're reviewing the validity of the application itself first, the overlap with existing patents second, and novelty/originality last. Anything questionable with regards to novelty/originality is better left to the courts.
The last thing I'll mention is how badly patents are written. Go ahead and look some terrible patents up. Those vague descriptions and those wonky diagrams with little to no coherent explanation are intentional. They're not written that way to be broad, as most people say. If it ever comes to a point of contention, the lawyers will fight that part out anyway. They're written that way in order to be approved quickly. Reviewers do not have to understand a patent application to approve it. If you approve a patent for a triangle and somehow catch shit for it, you can just claim you misunderstood the diagrams. And I can guarantee you, in a patent for a triangle there will be a lot of ridiculous, incomprehensible diagrams.
Seriously? You're posting this here without telling me how I can get this job?
So what you are saying is the astroturfing to get more people to apply for positions at the USPTO is working?
"Anyone who works from home is masturbating all day. I know this because I work from home."
~ Lewis Black
That explains a lot
examiners repeatedly lied about the hours they were putting in and many were receiving bonuses for work they did not do
If workers in private industry do that, we call that fraud. Hours of claimed work should be validated and approved by an uninterested third party such as a supervisor.
The supervisor should keep their own private notes and reject the submission of hours, if it is in disagreement with their notes.
Patent examiners review applications and grant patents on inventions that are new and unique. They are experts in their fields, often with master's and doctoral degrees.
If thats true then anyone should be able to get a job there, seeing all of the idiotic patents they allow. Thus the funny parts were "masters" and "doctoral degrees"
Examiners are not experts in their field. You could be approving Apple's patents based on the mere fact that you own an iPhone. Examiners do not judge the technical merits of a patent, nor are they expected to.
Patent examiners are not experts in the sense that we think of experts--they are not, for example, in the top 100 people in the world working in a given space, nor do they even have lots of professional experience in the space.
They are also not laypeople. They need to have a technical degree, and the degree they have is generally but not always relevant to the patents the office has them review.
So while they are not experts and not supposed to be experts, they are also not the clerk from your supermarket--unless the clerk happens to have studied engineering.
The title is a lie. Everry day is not a "goof-off-at-work" day, and the article doesn't say that. We know the racists in the Republican party hate government employees because the government hires fairly. That claim is proven a lie by the statement in the summary that they work very hard near the end of the quarter. As usual, the Republicans are so stupid they have nothing to stand on so they make-up grabage. Their lies have been exposed again.
They are experts in their fields, often with master's and doctoral degrees. They earn at the top of federal pay scale, with the highest taking home $148,000 a year.
I hadn't even considered applying for a patent office job before, but now they are definitely on my radar...
Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
They are experts in their fields, often with master's and doctoral degrees
As a product of academia I am professionally trained to get things done on the cusp of deadlines. I'm not joking. Both on the student and instructor side there is simply a great deal of latitude. There's no time management enforced in any form except for "deadlines," so that's when you learn to get things done.
As lovely of a thought as it is that entering the workforce will automatically instill a newfound sense of responsiblity and dedication to all a graduates (and I'm sure it does for at least a few weeks or so), I for one am not surprised that working unsupervised at home at a government job with quarterly deadlines results in people observing the same habits they have for the past 6-10 years.
Admittedly, I wouldn't want to rush a result such that it is inadequately reviewed either, and I don't know if patent clerks have projects which would actually take an entire quarter to investigate, but the first thing I would do is have them sync all of their edits/notes/research in a way to make them reviewable. It's amazing how a little bit of transparency encourages people to make regular progress.
When things get complex, multiply by the complex conjugate.
If I've been goofing off at work for years, but do not work as a patent examiner, can I put down on my resume that I worked as a patent examiner if the work (or lack thereof) is virtually the same?
Human nature being what it is.
"They are experts in their fields, often with master's and doctoral degrees. They earn at the top of federal pay scale, with the highest taking home $148,000 a year."
When I was a senior in college, the USPTO was at a career fair trying to snap up as many new grads as possible for patent examiner positions.
New grads are not experts in their fields. Period. No matter what degree they're walking away with.
That said, if I can make $148K working at home for USPTO, where the hell do I sign up?!?
I work at the PTO, and we do have pattern matching programs to help find prior art, they are mostly worthless because interpreting claims to match prior art is an abstract process. If you don't believe me read some patent claims and try to figure out what the 'broadest reasonable interpretation' of those claims would cover, its a nightmare. Applicants are certainly 'allowed to have communication' with us as the examination process involves a lot of back and forth with examiners trying to convince applicants to narrow their claims and applicants asking us to explain our interpretation of their claims and the prior art. As far as bribery goes I have never heard of or experienced any kind of bribery, what we typically experience is more of a brow beating from applicants who disagree with us.
A fat paycheck isn't everything.
Where does this deadline cycle NOT happen?
Managers and/or auditors could spend more time monitoring employees, but then you have to pay the monitors and hire more managers, and also monitor the monitors to make sure they are monitoring correctly, creating a recursive bloat in inspection time.
Further, the monitors and monitor of monitors would have to be experts to know if employees are really spending quality time. If you just count time staring at the screen, typing, or reading research, you can't know if it's relevant to the task unless you are an expert in that specialty also. Industry-specific auditors are going to be pretty expensive.
Plus, recruiting is harder and/or more expensive if potential specialty employees find out their ass is always under Big Brother's watch.
Brick-laying is relatively easy to monitor. Intellectual tasks, not so much.
Sometimes it's just cheaper to accept some slack than add bureaucracy layers to prevent all slack.
(It's similar to weeding out welfare cheats: Republicans want to heavily monitor welfare recipients, but the cost of monitoring and related lawsuits could be more than the welfare cheating, making taxes even higher, which Republicans can't stand...or at least act like they can't stand.)
Managers should be able to give bonus pay and/or penalties for productivity. However, in practice this often results in favoritism as managers judge based on friendship or kissing up rather than raw merit. Humans are just that way, in general.
In short, no easy fix.
Table-ized A.I.
The patent system has been twisted into a cruel joke.
I consulted for the USPTO several years ago, holding classes on memory and memory interfaces, USB, and Firewire It paid very well, but in the class of 50 examiners there wasn't even one who seemed to care or had any kind of interest in what I was saying. I was invited back but declined.
US Patent Office Grants Massively More Patents Than Ever Before (2011)
https://www.techdirt.com/artic...
The world envies US Patent system (according to USPTO head):
http://beta.slashdot.org/story...
Im just waiting to see how many people hop onto the "Goofing off at work? HOW HORRIBLE" bandwagon during work hours.
Wait, crap.
A pattern matching job for how they are currently doing their work? this would be trivial.
One for how they are Supposed to be doing their work? that would be hard
Anyways, this is just telework people.
The Kruger Dunning explains most post on
They earn at the top of federal pay scale, with the highest taking home $148,000 a year.
That's not even the salary of a manager at Google (and don't even talk about benefits -- free food is amazing) -- and this is the highest of salaries. For a lawyer (law school is will run you over $100K by itself). Can you imagine why they may not have the best and brightest? With the new patent office opening in San Jose, why would anyone actually want to work for the USPO who has any amount of talent?
-- Political fascism requires a Fuhrer.
The applicants "brow beat" patent examiners because of the numerous patent examiners who use completely inapplicable art to reject applications because the examiners don't take (or can't take) the time to provide sensible rejections.
You american's are so often asking why the america hate is so popular these days.
Here's an example of a department run for morons by morons serving morons, with international reach and ability to stifle innovation world wide
your math is off. way off. try 73 patents per examiner per year. 73 * 3 = 219 days working.
365 - (52*2) = 261 weekdays in a year (roughly). 261 - 219 = 42 days left for federal holidays, vacation, and sick days.
And that is the answer to life, the universe, and everything. 42 days of holidays, vacation and sicks days.
We're seriously paying? For this?
I think I might be sick. I know the government is.
OMFG, who knew?
> what we typically experience is more of a brow beating from applicants who disagree with us.
My understanding is that when a patent is rejected, the applicant can just resubmit, over and over until eventually the examiner cries uncle or they get a different examiner who decides to accept it.
It seems to me that, if that's true, then the job must be very demoralizing and as such I'm not surprised by this story. I would put the blame for this absenteeism on congress for not giving the patent office enough power to do their job effectively.
Ironically, I'd say this is a shining example of how small-government types are completely clueless as to how government works. If you indiscriminately "starve the beast" you just get even shittier results. You can't legislate good governance, but you can pass laws that encourage bad governance.
And when they do a really good job, the courts stomp on it.
A good lawyer beats out a good patent every day.
They see this, and it hurts morale.
As a reviewer for USPTO, I can tell you... I just diarrhea though my queue, spending less than 10 seconds on a typical application... 2: Applications that are a refile of a previously rejected one.
No Examiner calls themselves a "reviewer"; it takes more than 10 seconds even to approve an application; and no Examiner would refer to continuations or RCEs as "refiles".
Suspicious post from anonymous poster that just happens to confirm every anti-patent bias is suspicious.
The patent office gets paid more for every patent they approve (even wrongly approved ones), than for every patent they reject.
Hence the culture.
Yes, we are paying these fishermen for the fish they *didn't* catch.
If Pandora's box is destined to be opened, *I* want to be the one to open it.
I've seen big private organizations with a lot of slack also. Big, complex organizations are just difficult to manage, period. Look at all of Microsoft's and Sony's screw-ups, for example.
The one key difference though is that in the private sector one must meet sales expectations. If your teem doesn't produce sales, it's dismantled and people often fired. It's not always fair, but it is a constant pressure that puts a limit on goofing off.
The patent office doesn't really have the equivalent. Number of patents processed is not a very effective metric because one can slack on quality in exchange for quantity, and quality is difficult to measure because it requires a lot of specialists, who are hard to find and expensive. (Layers of auditors are not cheap, tax-wise.)
However, I do notice that the private sector "wastes" a lot of resources on manipulative marketing rather than making a better mousetrap: they've found it's often cheaper to trick the customer into buying an inferior mousetrap rather than just making a good trap. (The exception may be cars, which have a lot of consumer attention from both the public and consumer organizations.)
Thus, both public and private have plenty of BS and waste, it's just a different form of BS. The public sector generally does work harder, but often harder at manipulating buyers.
Table-ized A.I.
Seriously? You're posting this here without telling me how I can get this job? From the sounds of it, I could do it in the background while at my real job.
I'm thinking the same thing.
I have 3 Masters degrees, that has to make me 3 times as qualified as most of these "experts"
I would gladly take the pay cut for job that I could work at 2 days a week,
Can't, I just patented Artificial Sloth.
Table-ized A.I.
If you've been following this issue, it isn't really about goof-off Federal employees protected by a union (sorry wing-nuts...)
A major part of it was that the US Patent and Trademark office expanded (probably to deal with earlier criticism about slow response or poor quality). But then the Federal judges - who were outside of the USPTO - weren't expanded (due to a hiring freeze from the Party of No, so work piled up while waiting for a judge.
It's easy to understand that the USPTO management might have been reluctant to lay people off in what may have seemed a temporary and artificial situation. It might even have been difficult to lay people off with year-long contracts (but I don't know how that works for the Feds.)
That still leaves plenty of criticism of the USPTO management. If it was inconvenient (rather than difficult) to lay people off, they should have started the process. They CERTAINLY should have kept better track of people's time - and even required certain minimal requirements (like availability, checkins, etc.)
It was management that got lazy or wanted to preserve their kingdom of employees. And the spark for this forest-fire of recriminations was The Party of No screwing up the country with the sequestration and other brain dead forms misguided budgeting.
I'll bet more taxes to pay for more workers, higher salaries and benefits would fix this problem in a jiffy! Every time I see anybody talk about needing higher taxes to run government properly, I just think about the ten thousand examples just like this, and I just laugh to myself.
...the one government department where this sort of thing wasn't happening? Oh please. When it is hard to fire someone, hard to hold anyone accountable, and $/hour worked is good, just expect this. Which means you should expect this throughout government. Do we really not know human nature after all this time?
A guy that works for the Port of San Diego told me all he does is look at porn all day on the civil service computers. Typical gov't slackers.
I work in Europe and we happen to apply patents, the most important of which are extended in the US, China and various countries according to our competition.
Earlier this year, I had an issue with extending one of my patents to China.
I got a formal letter in perfect english (not in Chinese mind you), raising an issue within the submitted text that indeed rendered it not really patentable.
With the approbation of our IP expert I proposed a redacted text, recognizing the issue and suggesting our new redaction would solve it.
Just two weeks after I got a second, more elaborate reply, still in an english better than mine, that commented my text more in detail and still pointed up a non-patentable point. We prepared a second comment. (at that point, in China like in most other places, if the patent is still rejected there is no more appeal)
One week later, our patent was accepted in China —with a wording much better than in any of the other countries we applied for, including the original language.
I don't wish to conclude on the Chinese potential, on Communist government handling of things vs ours, or whatever.
But some comparisons are telling...
Herve S.
This.
Unless of course you are Apple, IBM, Microsoft, or one of the other 'special' applicants who have their own rubber stamp (sorry I mean priority clearing house) for their patents.
Eventually we gave up applying for US patents because, especially as a foreign company, the prior art that gets presented is just an insult.
Really, we had them tag teaming two sets of prior art back forward, NEVER ONCE replying to our queries as to why it was applicable, just switching to the
other, and waiting until the end of their allowable response time to do this each time, until the window for acceptance just ran out.
Maximised their fees though, they were sure to do that..
We had an application denied last year because the examiner had found "prior art" that he said invalidated our invention. All he had done, however, was to paste the same block of text lifted directly from the "prior art" patent over and over for each of our claims, without explaining why or how the cited patent actually did the same thing.
It's the thousands of over-paid, under-worked bureaucrats who are damned near impossible to fire when they're caught being lazy or violating the law.
I've said it before and I'll say it again. If you're paid out of the taxes I pay and you're caught not doing your job (or committing a crime), you should not only be fired, you should lose your precious pension.
Don't play fast and lose with the public's trust.
Can it be clustered? Think of the possibilities!
Get off Slashdot and back to work! ;-)
It's called "Artificial Sloth Scaled". Makes a catchy acronym.
Table-ized A.I.
I think government should be bigger.
Sorry, gotta go anon with this. The Washington Post front-pager on this correctly identifies a major problem with how things work at PTO... part of this case is management getting whistle-blower complaints about some employees, and when info is sought on computer records and such, they got major pushback. The pushback I suspected (and was confirmed by the article) is the all-powerful patent examiner union. The examiner and grunt-worker unions hold a LOT of sway at the PTO.
The PTO as a matter of survival as an intelligent entity NEEDS telework to survive. You can't cram every technical expert you need into the DC area. It is crowded, expensive, and a major negative lifestyle factor getting to and from work every day. They need to allow for alternative working arrangements, including telework and its many satellite offices, to encourage technical experts to work for them. That's what everyone wants... it doesn't do anyone any good to deny paid contributions to the best people nationwide and cast the employment net only as far as someone who wants to take good money to move to the DC area. We want and need GOOD technical subject matter experts wherever they live.
I have known a lot of dedicated people working at PTO, and I'm guessing this issue is not as widespread as is being expressed. The unions need to give management better tools/latitude/"permission"/whatever to monitor work in a better way so they can fire/replace bad apples with better ones WITHOUT endless union lawsuits.
So, really, you're in no position to criticize...
Bill Stewart
New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
I am sure that the Watson system could do half the work in a fraction of the time and act as an assistant to the actual examiners. Then perhaps when the job is more about high-level judgement and not so much about cross checking and searching they will be more enthusiastic, and quality levels will rise too.
I have news for you... the citizenry doesn't have a grasp of the complexity of its own government. Who is going to pick "ocean current research" for their hard-earned tax dollars to go to? And when that only gets 42% of the funding it needs, it is dropped and we no longer have tsunami warning systems? Who is going to choose to send every one of five dollars they earn to the FBI or other law enforcement when they could send it to NASA for space ships? What about areas where there are no local income taxes, but instead a county is funded in large part by real estate taxes? Only the 50% who are landowners get to pick where the governments spends for the 100%? Or are you saying NO ONE gets any say on how its government spends money in those cases?
What you are proposing would end up a complete disaster. It would only work if we deported everyone with an IQ lower than 120, and then no one would be around to do a lot of the grunt work of government. We are supposed to vote for people who can represent us as intelligent people who can dedicate time to figuring out how to fund these complex (and sometimes conflicting) needs, as well as represent the biases in that spending we personally believe in. Democratisation of tax spending would be the quickest path the civil unrest and eventually civil war.
"Big Government" needs to be one hell of a lot smaller & that's that - everyone knows that (except a fool like you)...
APK
P.S.=> Sounds like YOU work for "big government" & are SCARED of the idea I proposed, so, you can "shoo - go away flea" now, ok? Good... apk
With a family member working at the USPTO, they work insane # of hours. As much as a lawyer... WHY?
They are authorized overtime and have a quota on the cases to eval. Also having the highest GS scale of all gov't agencies is a receipe for abuse in charging overtime and extra hours.
This has been going on for decades.
In someways I'm glad this was exposed, I would like my family member to have a weekend finally. Sure not getting the xtra cash, but really, not being a workaholic for the gov't is not really valued.
deadlines in academia?
Pure living in a bubble.
Academia deadlines have zero, zero repercussions. It's like entertainment--if it wasn't there, no one would care. The deadlines are fabricated to force folks to get off their lazy tenure and actually show for something.
And that's why more researchers, professors and easy students... wait until the last minute of a deadline and cram to complete their tasks. Where as in the commercial/professional environment is typically not the case. Then again, companies like Google have brought the cram/death march/crisis mentality to the business world from creating a collegiate corporate culture.
As an examiner it was the managers who were screwing over the examiners. The would wait till the last minute to review applications and then force examiners to scramble at the end of the quarter to catch up on work that managers weren't approving. Hell, after I left my manager took credit for my work that he wouldn't approve. That honest work would have netted me 2 promotions and a nice bonus. Using software to monitor examiner work is pure bullshit.
We just started this petition because we believe the government should be using available technology to monitor this. The solutions exist. Please take a minute to sign if you are able. - http://chn.ge/1t43OxW