Patent Public Advisory Committee - United States Patent ...

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Transcript of Patent Public Advisory Committee - United States Patent ...

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Patent Public Advisory Committee

Quarterly Meeting

Overview

Enhanced Patent Quality Initiative

Comments

Valencia Martin Wallace

Deputy Commissioner for Patent Quality

Tom Hughes

Supervisory Patent Examiner, Technology Center 3700

August 20, 2015

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Sources

Examiner Forums/Feedback

Patent Quality Summit

World Class Patent Quality (WCPQ) Box

Internal

External*

* Official FR Notice Responses

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Official Federal Register Responses

11 1 1 1

10

83

107 Responses/Emails

IP Organizations andAssociations

Government Agencies

Academic andResearch Institutions

Law Firms

Companies

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Submissions − All Sources

161

746

235

64

1206 Submissions* Examiner Forum/Feedback

Patent Quality Summit

WCPQ - External

WCPQ - Internal

* Response/emails were broken into submissions based on proposal categories. Each email/response, therefore, may map to more than one submission.

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Submissions – All Sources

225

746

235

1206 Submissions Internal

Patent QualitySummit

WCPQ - External

Includes Examiner Forum/Feedback and WCPQ Internal

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Topic Distribution − All Sources

209

295

149 108

198

154 165

0

50

100

150

200

250

300

350

Submissions

OPQA

Prior Art/Search

Clarity

Quality Measures

Compact Prosecution

In Person Interviews

Other

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050

100150200250

Internal*

WCPQ External

Quality Summit

Topic Distribution – By Source

* Includes Examiner Forum/Feedback and WCPQ Internal

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Focus on

Proposal 1 Comments

Applicant Requests OPQA Review

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OPQA Review Topic Distribution

Proposal 1: Applicant Requests for Prosecution Review of

Selected Applications

Use/Process

Concerns

Outcomes/Results

OPQA General Process

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OPQA Review Distribution – All Sources

96

47

71

19

0

20

40

60

80

100

120

Comments

Proposal 1: Use/Process

Proposal 1: Concerns

Proposal 1: Outcomes/Results

OPQA General Process

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1 4 0 11 14 9 7 2

81

34

64

6 0

20406080

100

Internal*

WCPQ External

Quality Summit

OPQA Review Distribution – By Source

* Includes Examiner Forum/Feedback and WCPQ Internal

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Focus on

Proposal 2 Comments

Automated Pre-Examination Search

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Prior Art/Search Topic Distribution

Proposal 2: Automated Pre-Examination Search

Value

Timing

Legal Implications

Results

Prior Art/Search General

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Prior Art/Search Distribution – All Sources

56 43

12

142

58

0

20

40

60

80

100

120

140

160

Comments

Proposal 2: Value

Proposal 2: Timing

Proposal 2: LegalImplicationsProposal 2: Results

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3 2 1 10 28

16 7 0 13

24 37 34

11

119

6 0

20406080

100120140

Internal*

WCPQ External

Quality Summit

Prior Art/Search Distribution – By Source

* Includes Examiner Forum/Feedback and WCPQ Internal

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Focus on

Proposal 3 Comments

Clarity of Record

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Clarity of Record Topic Distribution

Proposal 3: Clarity of Record

Explicit Claim Construction

Memorializing Oral Record

Reasons for Allowance

General

Prior Art Rejections/Responding to Arguments

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Clarity Of Record Distribution – All Sources

58

37

20 23 21

0

10

20

30

40

50

60

70

Comments

Proposal 3: Explicit ClaimConstruction

Proposal 3: Memorializing OralRecord

Proposal 3: Reasons for Allowance

Proposal 3: General

Prior Art Rejections/Responding toArguments

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9

1 1 7

1

20 14

11 11

4

29

22

8 5

16

05

101520253035

Internal*

WCPQ External

Quality Summit

Clarity of Record Distribution – By Source

* Includes Examiner Forum/Feedback and WCPQ Internal

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Focus on

Proposal 4 Comments

Quality Metrics

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Quality Metrics Topic Distribution

Proposal 4: Review of and Improvements to Quality Metrics

Value and Understanding of Composite

New Measures

Incoming Documents

Downstream Users

Effectiveness of Training

Modify Composite

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Quality Metrics Distribution - All Sources

45

21

4 1

39

0

10

20

30

40

50

Comments

Value and Understanding ofComposite

New Metrics: IncomingDocuments

New Metric: DownstreamUsers

New Metrics: Effectiveness ofTraining

Modify Composite/Metrics

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1

8

0 0

8

15

6

0 1

14

29

7 4

0

18

05

101520253035

Internal*

WCPQ External

Quality Summit* Includes Examiner Forum/Feedback and WCPQ Internal

Quality Metrics Distribution – By Source

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Focus on

Proposal 5 Comments

Compact Prosecution

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Compact Prosecution Topic Distribution

Proposal 5: Review of Current Compact Prosecution

Model and the Effect on Quality

Current Compact Prosecution Model

Additional Action Before Final

No Final Action Model

New Examination Model

New Count Model

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Compact Prosecution Distribution – All Sources

42

28 32

89

17

0

20

40

60

80

100

Comments

Proposal 5: Current CP Model

Proposal 5: AdditionalNonfinals

Proposal 5: No Final Model

New Examination Model

New Count System Model

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3 0 0

60

7 3

15

4

14 7

36

13

28

13

3 0

10

20

30

40

50

60

70

Proposal 5: CurrentCP Model

Proposal 5:Additional NF

Proposal 5: NoFinal Model

New ExaminationModel

New Count Model

Internal*

WCPQ External

Quality Summit

Compact Prosecution Distribution – By Source

* Includes Examiner Forum/Feedback and WCPQ Internal

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Focus on

Proposal 6 Comments

In-Person Interviews

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In-Person Interview Topic Distribution

Proposal 6: In-Person Interview Capability with All

Examiners

Benefits of In Person Interviews Vs. Video

Conferencing

No Difference

Considerations to In Person Interviews at Remote

Locations

Remote In Person Interview Scheduling

Costs

Effectiveness Measures

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In-Person Interview Distribution – All Sources

57 52

11

25 20

0

10

20

30

40

50

60

Comments

Benefits

Considerations

Scheduling

Costs

Effectiveness Measures

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In-Person Interview − Comment Highlight

43

14

0

10

20

30

40

50

Comments

Added Benefit

No Added Benefit

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4 1 0 1 1

15

7 2

8

1

38 44

9

16 18

0

10

20

30

40

50

Benefits Considerations Scheduling Costs EffectivenessMeasures

Internal*

WCPQ External

Quality Summit

In Person Interviews Distribution – By Source

* Includes Examiner Forum/Feedback and WCPQ Internal

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Focus on

“Other” Comments

Miscellaneous

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“Other” Topic Distribution

Additional Examiner/SPE Resources

More Time for Examiners

Improve/Additional Examiner Training

Examiner PAP/Awards

Misc.

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“Other” Distribution − All Sources

27

39 44

12

52

0

10

20

30

40

50

60

Comments

Additional Examiner/SPEResourcesMore Time for Examiners

Improve/Additional ExaminerTrainingExaminer PAP/Awards

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22

28 27

9

16

3

8

14

2

31

2 3 3 1

5

0

5

10

15

20

25

30

35

Additional Exr/SPEResources

More Time For Exrs Improve/AdditionalExr Training

ExaminerPAP/Awards

Misc.

Internal*

WCPQ External

Quality Summit

“Other” Distribution – By Source

* Includes Examiner Forum/Feedback and WCPQ Internal

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Thank You!

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Questions and Comments Valencia Martin Wallace

Deputy Commissioner for Patent Quality

(571) 272-8800

[email protected]

Tom Hughes Supervisory Patent Examiner, Technology Center 3700

(571) 272-4357

[email protected]

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