DRAFT USPTO STRATEGIC PLAN

I have read the draft plan for 2007 through 2012.  Not to be picky, but it claims that the average pendency of an application to issuance is currently 30 months and expected to increase to 34 months.  From my experience, 34 months is the most rapid time schedule and that excludes business method applications.  

The USPTO admits the rate of increase in new applications is growing faster than the growth in its workforce.  It is little wonder then why the office is pushing applications through to final rejection without consideration of new claim intended to overcome claim rejections.  This also explains the aggressive use of restrictions requirements to narrow the number of claims that must be examined.  To minimize appeals, there is the “new” process of a pre-appeal conference.

I saw no reference to the June 2005 GAO report which I discuss in the article concerning the USPTO Backlog of Pending Applications.  Among its observations, the report states that according to patent examiners, the lack of communication and a collaborative work environment has resulted in low morale and an atmosphere of distrust that is exacerbated by the contentious relationship between management and union officials. 

The draft report does state “(a)s noted, some initiatives will require notifying one or more of the three bargaining units representing USPTO employees of proposed changes, and negotiating, where necessary, any changes in working conditions.” 

The report does state that literally thousands of new examiners will be hired over the coming years, but that until the new examiners can be assimilated into the organization, the pendency of applications will continue to increase. 

There does not appear to be much good news in the draft.  This will continue to get worse before they get better.

August 28, 2006