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ARTICLE · 22 APRIL 2015

An In-Depth Look At USPTO Patent Quality Problems

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The OIG identified four areas of concern and made four recommendations for addressing its findings. Will stakeholders come forward with additional ideas for addressing these problems?

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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The comment period for the USPTO's proposed patent quality initiatives is open until May 6, 2015, and the Office of Inspector General for the Commerce Department has given stakeholders plenty to think about in its final report on the USPTO's quality assurance program. The OIG identified four areas of concern and made four recommendations for addressing its findings. Will stakeholders come forward with additional ideas for addressing these problems?

The OIG's Final Report

The OIG's final report highlights four areas of concern:

1. The USPTO's performance appraisal plan and related policies are ineffective at measuring whether examiners are issuing high-quality patents.

  • Even though the USPTO admits to patent quality problems, 95% of examiners receive the highest performance ratings ("outstanding" or "commendable").

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