Working for the USPTO

[TRYINGIP]

I heard that the PTO will not re-hire anyone that had any problems with anyone. If you left with bad production; left a lot of amendments; or had a problem with your SPE. It is hard to get back in. That is what a SPE told me.

[FeedMeLaw]

I heard that the PTO will not re-hire anyone that had any problems with anyone. If you left with bad production; left a lot of amendments; or had a problem with your SPE. It is hard to get back in. That is what a SPE told me.

It depends. I know of an examiner who was fired, filed a lawsuit against the PTO for harassment, settled without going to court, got her job back, ensured that she will be under a different SPE, and have been there for the past 10+ years ever since, running the game as a Primary Examiner. 

I also know of other examiners who were fired, and never went back. 

- FeedMeLaw.com 
"Where you go when you're hungry for law"

[whokebe]

http://www.nytimes.com/2010/01/26/us/politics/26budget.html

"The freeze would cover the agencies and programs for which Congress allocates specific budgets each year, from air traffic control and farm subsidies to education, nutrition and national parks."

Anyone know if this new initiative will apply to the USPTO since the PTO's budget is allocated by Congress each year? If so you can kiss any chance of progress on the backlog goodbye.

Anyone care to opine how the Obudget will affect PTO procedures and hiring?

[somedude]

PTO gets a boost in Obama's 2011 Budget to $2.3 billion.

http://www.reuters.com/article/idUSN0124400920100201

[Examinerguy]

Good to hear...we actually get to keep the money that we EARN. Maybe he should start cutting all other non-profitable government agencies so we can get this 1.5 trillion dollar deficit spending binge for 2011 back in the billions.

[mk1023]

Anyone care to opine how the Obudget will affect PTO procedures and hiring?

Email from Kappos:

Dear Colleagues:

 

President Obama transmitted the Fiscal Year 2011 (FY 2011) budget to Congress earlier today.  The President’s budget requests $2.322 billion for the USPTO, and contemplates projected fee collections of $2.098 billion, as well as a temporary fee increase, which is estimated to generate an additional $224 million.  To help put the USPTO on a sustainable funding model, the budget also allows the Director to propose and set fees that better reflect the actual cost to the USPTO of its services. It also allows us to adopt business tools to ensure that the Agency can continue to serve the public in economic downturns.

 

The President's Budget supports a five-year plan designed to:

-          Reduce the time to first office action on the merits by 10 months for patent applications by FY 2013.

-          Reduce total average pendency to 20 months for patent applications in FY 2014.

-          Reach a target patent inventory backlog level of 10 months by FY 2013.

-          Invest in information technology (IT) infrastructure and tools to achieve a 21st Century system that permits end-to-end electronic processing in patents and trademark IT systems.

 

To achieve these performance commitments, the USPTO will:

-          Achieve three percent efficiency gains in patents through the re-engineering of management and workflow processes.

-          Initiate targeted hiring to recruit and hire 1,000 patent examiners annually during FY 2011 and FY 2012.  This temporary hiring increase will focus on experienced former examiners and IP professionals, and allow the Patent Corps to reduce the patent backlog and reach a targeted inventory level.

[Sixes]

-          Initiate targeted hiring to recruit and hire 1,000 patent examiners annually during FY 2011 and FY 2012.[/color]

Dumb questions:

1) How many examiners are currently employed by the USPTO?
2) Are there 2000 unused desks sitting around the building or will this subsequently change how the PTO allows examiners to work remotely?

[somedude]

I was hoping that they would use the extra funds to give us those locality payments we're behind on...

[hateresq]

Anyone care to opine how the Obudget will affect PTO procedures and hiring?

Email from Kappos:

To achieve these performance commitments, the USPTO will:


-          Initiate targeted hiring to recruit and hire 1,000 patent examiners annually during FY 2011 and FY 2012.  This temporary hiring increase will focus on experienced former examiners and IP professionals, and allow the Patent Corps to reduce the patent backlog and reach a targeted inventory level.[/color]

So, the PTO has no intention of hiring new examiners until. . .

[JWFan]

-          Initiate targeted hiring to recruit and hire 1,000 patent examiners annually during FY 2011 and FY 2012.  This temporary hiring increase will focus on experienced former examiners and IP professionals, and allow the Patent Corps to reduce the patent backlog and reach a targeted inventory level.

I wonder what they mean by "focusing" on experienced former examiners and IP professionals.  Does the USPTO really expect to be able to find and hire 2000 such people?

[dablueman]

-          Initiate targeted hiring to recruit and hire 1,000 patent examiners annually during FY 2011 and FY 2012.[/color]

Dumb questions:

1) How many examiners are currently employed by the USPTO?
2) Are there 2000 unused desks sitting around the building or will this subsequently change how the PTO allows examiners to work remotely?

1) 6,000+
2) The USPTO is not one building, it's a large complex of 7 buildings. I don't know what the exact empty desk figure is, but I'm pretty sure there is the capacity for 2000 more. Don't forget that attrition has to also be taken into consideration.

[emanresu]

Lets hope they find some better way to prepare Examiners than that 8 month training academy.  Examiners trained in the academy received lectures on best mode, which is exclusively enforced in litigation, and yet they did not understand the impact of a functional claim limitation in an apparatus claim.  And don't even get me started on restriction practice.

[ekdouge]

Lets hope they find some better way to prepare Examiners than that 8 month training academy.  Examiners trained in the academy received lectures on best mode, which is exclusively enforced in litigation, and yet they did not understand the impact of a functional claim limitation in an apparatus claim.  And don't even get me started on restriction practice.

Good news! Their job ad in the Washington Post says new hires will get a 4 week period of formal training in the Patent Training Academy. That is way better than 8 months, right?

[Examinerguy]

Yeah...8 months was actually 6 months for most classes. Nonetheless, I think two months of training is all that is needed, followed by 2 months of non-production based examining. The trainers should also know the relevant sections of the MPEP extremely well. I cannot tell you how many SPE's/primaries have forgotten the basics.

[Dwight Schrute]

I began to learn how to examine when I got to the TC because most of the training was to apparatus claims I never see.

Yes, they did mention best mode with respect to 35 USC 112, but they told us never to reject anything under 112 1st best mode.

It is nice to have time off production to learn how to examine, get to know the art, and get a feel for the statues and rules we will be applying; for that the academy is useful.

As far as restriction practice goes, there is no consistency to begin with.