Patent Examiners Oppose Patent Reform Proposal - InformationWeek
Software // Enterprise Applications
05:18 PM
How Cloud Can Streamline Business Workflow
Jul 11, 2017
In order to optimize your utilization of cloud computing, you need to be able to deliver reliable ...Read More>>

Patent Examiners Oppose Patent Reform Proposal

A group that claims to represent more than 5,000 patent examiners and professionals says patent reform proposals would hurt the American patent approval process.

A group that represents patent examiners and professionals says that a patent reform proposal in Congress would hurt the American patent approval process.

The Patent Office Professional Association, which claims to represent more than 5,000 members, distributed a patent policy paper (pdf) in Washington this week, stating that H.R. 1908 and S. 1145 includes a "dangerous requirement that would effectively outsource the patent search, allowing applicants to contract searches to anyone, including foreign entities."

The group wants Congress to focus on job retention, providing examiners enough time to review applications, and increasing resources, rather than changing the system.

The group claims that an Applicant Quality Submission requirement in the bills would make applicants provide a search report of all relevant patent and non-patent literature.

"The search is a critical part of the examination process and should remain an inherently governmental function performed by patent examiners who are free of conflicts of interest," POPA explained in a statement. "Congress historically has agreed, as in 2005 legislation that provided protections when contracting-out the prior art search."

The group claims the bills would give the U.S. Patent and Trademark Office too much rule-making authority to set and adjust fees, while diminishing congressional oversight.

POPA opposes several other provisions in the bill, including one which limits damages for patent infringement.

Instead, the group says the patent system could be strengthened by giving examiners more time to do a high-quality job the first time they review an application. It recommends setting an average time goal for examiners based on a formula that considers on filing fees and examiners' hourly pay.

Comment  | 
Print  | 
More Insights
Newest First  |  Oldest First  |  Threaded View
[Interop ITX 2017] State Of DevOps Report
[Interop ITX 2017] State Of DevOps Report
The DevOps movement brings application development and infrastructure operations together to increase efficiency and deploy applications more quickly. But embracing DevOps means making significant cultural, organizational, and technological changes. This research report will examine how and why IT organizations are adopting DevOps methodologies, the effects on their staff and processes, and the tools they are utilizing for the best results.
Register for InformationWeek Newsletters
White Papers
Current Issue
IT Strategies to Conquer the Cloud
Chances are your organization is adopting cloud computing in one way or another -- or in multiple ways. Understanding the skills you need and how cloud affects IT operations and networking will help you adapt.
Twitter Feed
InformationWeek Radio
Archived InformationWeek Radio
Join us for a roundup of the top stories on for the week of November 6, 2016. We'll be talking with the editors and correspondents who brought you the top stories of the week to get the "story behind the story."
Sponsored Live Streaming Video
Everything You've Been Told About Mobility Is Wrong
Attend this video symposium with Sean Wisdom, Global Director of Mobility Solutions, and learn about how you can harness powerful new products to mobilize your business potential.
Flash Poll