AIPLA Opposes PTO Strategic Plan
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2. Background: The Plan & Its Critics:
In early June Director James Rogan unveiled the PTO's
21st Century Strategic Plan for
lowering PTO expenditures per application, reducing the patent examination
backlog to 18 months, and obtaining better and more prompt foreign
protection for U.S. business.
In his Introduction, the Director warns
that under the present paradigm and funding the 3,400 member examining
corps cannot efficiently deal with the increasing numbers and complexity
of current patent applications. The plan proposes statute and rule
changes to enable examiners to more promptly and thoroughly examine
important new technologies. It requires better funding (less
application fee diversion) from Congress
and higher application fees from applicants.
The Patent Office Professional Association (POPA), the patent examiners' union, is dissatisfied
with the Strategic Plan and fears it could increase pendency and harm
patent quality. It argues that Rogan's plan fails to address the key
to raising patent quality, which is increasing the examiner's time per
case.
To help applicants convert to electronic filing system (EFS) applications, the PTO
announced partnership contracts with selected commercial
vendors of word
processing and docketing software.
Anticipating a decrease in the number of new trademark applications,
Director Rogan announced layoffs of 135 trademark examiners (more than 1/3 of trademark
examiners), effective in September.
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