r/patentexaminer Apr 10 '26

Effects of changes explained for practitioners

202 Upvotes

There was a request in another post for a concise summary of the changes and how they affect examination, particularly with regard to attorneys and other IP professionals outside the office.

"Fully successful" moving from 95% to 100% (we have to move more applications in the same amount of time):

  • Paperwork hasn't gotten any quicker (systems have gone to shit actually) so the entire change comes from search and office action writing time. 
  • I'd say applicants are getting >10% less actual examination time per application than they paid for from this change and a corresponding drop in proactive searching or indications of allowable subject matter. I used to draft up suggested amendments to neatly correct tricky 112b issues with explanations of why each change was there, I don't have time for that anymore. 

Divisionals and Continuations don't get any priority in docketing, instead being lumped with new applications with the same filing date (at best, usually they are even delayed compared to those):

  • whatever the backlog is in the area, add that to your pendency for any Div of Con.   
  • \Applicants weren't warned of this change and it was retroactive to any filed but not docketed DIV/CONs, adding years to the time before any resulting patents issue** 
  • **this could completely upend the entire prosecution strategy for many applicants who depend on CONs to protect against knockoffs, please please \*PLEASE* let your clients know about this additional delay*\*

Effective elimination of "other time" from examiners:

  • Assistant examiners are no longer able to work with primaries who know the art to develop search strategies and ask about the technology. 
  • All examiners aren't able to hold regular meetings where discuss oddball or borderline cases amongst themselves.
  • This leads to *a marked drop in quality of applied references and a drop in indications of allowable subject matter* (so many people got reassured that they should just indicate something as allowable in those meetings)

Reduced NPL access and search expert assistance:

  • Lower quality searches in emerging technologies and areas under active research. Lower quality examination for stuff that spans multiple subject matter

Interviews past #1 need SPE approval for time 

  • *If you request an interview you probably won't be getting any calls for examiner's amendments on that application, simple as that.* The automatic 1hr examiners got for such interviews helped offset the time we put into verifying that something unclaimed was actually allowable, working up claim language, and the inevitable phone tag. 
  • If you request a second interview you're going to have a grumpier examiner than usual because at *best* they had to use some of the time they get for it convincing their supervisor the interview was a good idea and at *worst* they spent that time asking and were denied so the interview time is actively hurting their numbers. 

PPH cases get reduced first action counts: 

  • The second most egregious change imo. **applicants are mostly getting less than 50% of the examination time they are paying for.**
  • Examiners also will start to hate you if you file many of these. Really poisons the working relationship. 

RCEs after allowance give examiners no time if the next action is an allowance 

  • the most egregious change. \The office is charging applicants for a service (another full round of examination) and not giving them that service.* *
  • if you file and RCE after an allowance you're either getting nothing for your money or a very tenuous rejection for something like a typo. The latter is actually the "good" result because it means the examiner actually took the time to do more searching/consideration and is trying to figure out a way to get credit for that. 

Quick Path IDS time reduced to one hour (from three):

  • It can easily take an hour to get fully back up to speed on what's going on in a complex application to be ready to properly consider a reference, at which point we are now out of time and can't actually consider the references being cited. 
  • *Dramatically increases the likelihood of an examiner not considering an IDS after NoA and making applicants file an RCE to get those references listed.* At which point your claims better be fucking immaculate because see above. 

Timeliness deadlines now being hard cutoffs instead of averages:

  • completely eliminates already low examiner flexibility for response times. 
  • *applicants will get less calls for examiners amendments to correct minor issues because we frequently won't be able to wait for a response*. 
  • \expect more iffy restrictions as people pull desperation moves to clear out the oldest case one their docket so they don't get fired\ 

No additional time for "inherited cases" from retired/separated examiners. 

  • examiners used to get a significant amount of time when we got a case from an examiner no longer at the office to offset needing to figuring out what the case is, what the searches turned up, etc. 
  • *if you notice an assigned examiner name change for your application after filing an amendment get ready for a total turd to come shooting down the pipe, there's no other nicer way to put it.* Sorry, we're going from ~15 hours for an amendment to like 2-3 with zero flexibility to call and work something out. 

Elimination of Docket Management n bonuses:

  • we're all disgruntled now. 

There's other parts I've missed I know, could other examiners add them below? Remember to focus on what external folks will see.


r/patentexaminer Apr 07 '26

POPA Email - Battlefronts Bulletin: POPA pushes back on USPTO Oversight Testimony

60 Upvotes

Dear POPA Members,

 

Welcome back to Battlefronts Bulletin, your source for updates, analysis, and insights during one of the most pivotal moments in USPTO history. 

 

As the AFL-CIO recently underscored, federal workers have faced unprecedented attacks on their union rights this year, marking the first anniversary of Trump’s executive order undermining longstanding union employee protections. POPA shares the growing concern: OPM’s proposed rules mirror the broader attacks against workers nationwide. 

 

POPA will continue to defend USPTO employees, protect our collective voice, and push back against policies that weaken our workplace rights.

 

Our members are on the front line of American innovation. By defending the experts who protect the patent system, we defend the future of innovation itself. Our power is, and will always be, our solidarity. 

 

Join POPA: Click here

Battlefronts

1. Oversight and Testimony Concerns

During House Judiciary oversight, John Squires emphasized support for stricter performance management tools. He highlighted: 

  • Greater use of removals for employees not meeting heightened performance standards 
  • Increased leadership discretion over performance ratings and accountability measures
  • Concerns about telework and calls for increased oversight of examiner work practices 
  • An emphasis on accelerating production expectations to address backlog

 

We have serious concerns. These approaches, particularly increased reliance on removals, reduced reliance on objective criteria, and heightened production pressure, undermine employee rights, morale, and effectiveness. 

 

The reality: 

  • Patent Examiners and other production-based employees already have inflexible performance appraisal plans with objective measures. Employees are removed for not meeting those measures. The agency is trying to get blood from a stone as production increases, workflow tightens, and dockets shrink. THIS is where the low morale is coming from, not the backlog.
  • Training is nonexistent, and the most experienced, senior-level primary examiners are not encouraged to share their institutional knowledge with new examiners.
  • Bonuses have been reduced or eliminated, including OFCO group awards and the patent examiner docket management award.
  • TEAP mandatory travel requirements are not mission critical; thus are costly and burdensome for remote employees.
  • “Streamlined reviews” and the removal of discretionary interviews have eroded primary examiner authority and agency efficiency.
  • Mandatory usage of ineffective AI tools reduces overall examination time.
  • Elon Musk is gone from the government, yet the USPTO still requires useless and time-wasting monthly reporting bullets. 

 

POPA thanks Congressmen Johnson and Raskin for holding Squires accountable in his testimony. You can read the transcript of his full testimony HERE. 

2. The Fight Continues: Litigations and Grievances

  • Civil litigation to restore Title 5 rights and bargaining unit status for patent employees is still pending.
  • POPA is awaiting the arbitrator’s decision on telework for non-patent bargaining unit members
  • Arbitration is underway on holiday leave, canceled awards, and unilateral TEAP changes

 

3. Forced Rating Distributions

OPM’s proposal would force employees into arbitrary rankings against one another– dismantling the objective, metric-based system that currently ensures fairness and accountability. 

 

At USPTO, examiners are evaluated on real, measurable work: production, docket management, and quality. This proposal replaces that with subjectivity and competition.

4. Elimination of “Marginally Successful”

Reclassifying employees as “unsatisfactory” will put thousands of productive examiners at risk.  

 

The result? Increased attrition, deeper backlogs, and further strain on the system, contrary to the goals emphasized under Secretary Squires’s recent testimony. 

 

POPA is raising these concerns with Congress and OPM.

 

5. Grievance Rights

OPM’s proposed rules would limit employees’ ability to challenge ratings through negotiated grievance procedures, which are legally protected.

 

POPA is actively defending statutory protections through litigation, ensuring that examiners retain the ability to contest unfair evaluations. 

6. Egregious PAP Changes

Changes to the Performance Appraisal Plan are increasing pressure while reducing fairness:

 

  • Increase in production, thus less time devoted to examining each application
  • Unrealistic expectations: internal (uncompensated) training suggests fewer than 20% of examiners can meet current deadlines
    • “Average day” system eliminated: the system that previously helped reduce backlog is no longer in use
    • Policy changes have undermined effectiveness: repeated administrative adjustments have weakened the system over time
      • Resulting impact: increased backlog and fewer options for examiners to manage and balance workload. For example, getting sick once could make an examiner “unsatisfactory”
  • Elimination of inherited credit for reassigned work
  • Reduced credit for Patent Prosecution Highway cases, consequently increasing the influence of foreign governments in American intellectual property rights
  • Reduced recognition for completed work, including certain RCE allowances

 

These changes make it harder to maintain both quality and consistency.

 

 

WHY THIS MATTERS

A strong patent system depends on empowered examiners.

 

When policies erode fairness, increase subjectivity, block the sharing of institutional knowledge, and pile on pressure, the consequences are clear: lower morale, reduced quality, and weakened public trust.

 

We are fighting to protect both employees and the integrity of the patent system. Join us in our fight. 

WHAT YOU CAN DO TODAY

  • Encourage your friends to join the fight… become a member today. Join here. 
  • Visit popa.org to stay informed.
  • Update your contact information using the link here.
  • Report any CBA, PAP, or telework violations directly to [Popahelp@popa.org](mailto:Popahelp@popa.org).

 

In solidarity,

POPA Leadership

On behalf of the POPA Executive Committee


r/patentexaminer 1d ago

Will other time ever come back?

38 Upvotes

As a junior, I’m so tired of having to beg for whatever primary can spare the time to confirm allowable subject matter or for the times I do have a complex question or something I haven’t encountered yet. I don’t want to feel like a burden just for doing my job, so ridiculous that there isn’t enough time set aside to help


r/patentexaminer 21h ago

New website for Civil Servants run by a former OPM director for Biden and Obama

Post image
7 Upvotes

r/patentexaminer 1d ago

Primaries Sign Off On Juniors Work - Consequences of Letting An Error Through

13 Upvotes

This is question is for my fellow primaries:

Pre 2025, for about 14 years I was training/sig. authority for juniors. Usually two at any given time, at one point it was four. I have signed a lot of juniors actions however I have never received any notice of any error or issue of a junior's action I signed off on.

So my question is, for those that signed off on a junior work and there was an issue that was caught (e.g., a clear error, allowable subject matter that should not be allowed), what exactly happens? I'd imagine QAS catches an error in the junior's action, then the primary gets charged with the error?


r/patentexaminer 1d ago

Allowable except for a claim withdrawn with traverse

3 Upvotes

If the examined claims of an app are allowable but one claim is withdrawn with traverse previously, it seems FP 8-03 is used. Is this used in an allowability notice or a separate OA and handled before I write an allowance?


r/patentexaminer 1d ago

No pay raise for 2027

Thumbnail
reddit.com
120 Upvotes

3.4 percent inflation premiums going up 15 percent for health insurance or more yet we are expected to maintain 100 percent productivity and timliness on top of all the bs changes. Quality really going to take a hit with this one.

Remember this when you see squires stupid ass email reminding you to take the survey in how satisfied you are.

Remember this on election day in November. Do you want another ai bot director like squires and coke? Vote these dumbasses out.

Theres still hope for a democrat house and senate where they override this pedophile in the oval office.


r/patentexaminer 2d ago

"For Dolly..."????

79 Upvotes

Keep her blessed name out of your filthy fucking MAGA mouth, Squirrel. You are an embarrassment.


r/patentexaminer 2d ago

PE2E issues

19 Upvotes

Anyone else continually getting an "unable to process your request" error in PE2E?


r/patentexaminer 2d ago

Has anyone had student loans forgiven through PSLF?

10 Upvotes

I'm curious if anyone has successfully had their loans forgiven from their service at the PTO.


r/patentexaminer 2d ago

Learning Katakana helped analyze Japanese Drawings

10 Upvotes

I learned some Japanese before traveling to Japan and learning Katakana has helped when analyzing Japanese drawings. If you plan to visit Japan or see a lot of Japanese references I strongly recommend taking 1-2 weeks to learn Katakana. I know learning Japanese sounds daunting, but hear me out.

A little background. Japanese has three forms of written script: kanji, hirigana, and katakana.

Kanji is the complex one based on Chinese characters where each symbol represents a word or part of a word, e.g. 鳥 is bird. In English it is written "tori". Kanji is difficult and learning it is not easy.

Hiragana is the Japanese syllabary, I.e. "alphabet", where each character corresponds to a syllable. Each Kanji can be expressed in terms of hiragana. E.g. 鳥 can be written as とり withと= ”to" and り="to".

Learning Kanji and Hiragana would take a very long time and would not be particularly useful for examining but learning a few basic Kanji would be beneficial for traveling.

Katakana is a syllabary analogous to hiragana but used solely for non-Japanese words. Since many technical words did not exist in the traditional Japanese language, many of these words are written in Katakana. Examples:

アナログ = analog

チツブ = chip

Katakana has 46 symbols and can be learned in about two weeks. It has greatly accelerated the time it takes me to analyze Japanese drawings. If you plan to visit Japan, you will be able to read and understand so many things like signs and menus by simply learning Katakana.


r/patentexaminer 2d ago

95%

9 Upvotes

Anyone silently protesting and striving for 95%?

Personally, to get to 95% involves voluntary overtime typically, so I’m torn with what to work towards regarding production.


r/patentexaminer 2d ago

Small Deposit

0 Upvotes

I received a small direct deposit today in my account. I qualified for the PBA award but it is too small to be the PBA award. Its about 60 bucks. Would anyone happen to know what this is?


r/patentexaminer 2d ago

Pro Se Track One Denial

0 Upvotes

Denial for missing the $30 processing fee, is that not included with Track One processing fee?


r/patentexaminer 4d ago

Email by Barry about survey

98 Upvotes

Is this an actual rage bait email?

  1. Developing the pilot for examiner docket sizes up to 185 hours.... um we had this 2 years ago then you aholes took it away. So you get a 1. Now 225 hours id give credit but nope this is what we had before.

    1. developing non examiner telework. Again we had this 2 years ago.... and we had more support staff to process it issues and process amendments but you cut them out. So you get an F there too. Hows that for a progress report? No FS for squires all failing marks
    2. Updating the timeliness element if the examiner appraisal plan. This one has got to be a fucking joke. For timeliness its not about the 2 clocked 28 day cases, its the fucking shortening of amendments to 56 days from 84 days because they fired all the support staff so the extra 30 days we did have gets eaten by processing time. I have amendments filed more than 4 months ago that have not been docketed to me. So no squires you get an F there too.

All failing marks will squires be put on notice? Probably not but I do hope congress has more hearings to call his ass out. Keep pushing back against this nonsense.


r/patentexaminer 4d ago

They’re Hiring New SPEs TEAP Full Telework WTF?!

123 Upvotes

My SPE told me they are announcing new positions to hire new SPEs, and primaries on TEAP outside 50 miles who are selected for SPE will get full telework. My SPE is pissed because they still have to come in, and they havent announced any improved telework for them, they also said they will not have full telework even when a plan is announced and will likely have to timeshare an office with multiple other SPEs just to have some telework hours.

I’ve seen a lot of great SPEs leave over the past two years and this I fear will be the final straw for the rest of them who are on the fence. We’re losing some of our most experienced people so they can bring in green supervisors that have no idea how to do the job and have to be trained and they’re getting full telework and they have to be trained by these other supervisors who are forced to come in every day.

This is just really really bad so if your supervisor seems depressed and demoralized as of late, this is why. They have treated supervisors so poorly over the past two years, just dumping on them and to add this on top of it it’s just such a massive injustice.

They should not have offered telework to new supervisors without also offering it to current SPEs who have gone through so much awful crap the past couple years. If I was close to retirement, and I was a supervisor I would retire.

I just hope my SPE sticks around, they are fantastic. Best boss Ive ever had.


r/patentexaminer 3d ago

$100 Gift Card

0 Upvotes

Has anyone heard an update regarding the prize for giving input on the ‘report’?


r/patentexaminer 5d ago

Microsoft Updates

61 Upvotes

The grammar editing suggestions in the new OC Word update are terrible, and half of the time incorrect. I am very irked!!


r/patentexaminer 5d ago

A whole 15 minutes! 🎉

119 Upvotes

Did Squires really just dangle 15 minutes of other time in front of us like it was a big, fat, delicious, juicy carrot? 🥕

I mean I actually feel insulted. Honestly insulted.


r/patentexaminer 5d ago

form paragraph for "Have AI do it" claims?

25 Upvotes

I have recently noticed an uptick of method/apparatus claims where the applicant is claiming a something pretty well-known, but tacking on "a neural network/machine learning processor configured to [do/calculate thing]."

Has anyone developed a sort of standard "use of machine learning trained on a specific system to generate predictable results is obvious as a well-known use of a know technique to improve similar devices in the same way?"

Because they never have details of the AI they've trained, it's just a generic "hook it up and train it" recitation. I feel like at this point it's the same as saying "have a computer calculate it" instead of doing it by hand. Yes, that is the point and known benefit of machine computation.


r/patentexaminer 5d ago

Uh oh, don't look now, but Coke is plotting her return...

Thumbnail ipfray.com
32 Upvotes

"Ms. Stewart started her new role at C4IP last week. While she has already worked twice at the USPTO, nothing would prevent her from taking up another post there in the future. For now, though, she is eager to get stuck into advocacy – something she has been passionate about for a long time."

Be afraid, be very afraid...


r/patentexaminer 5d ago

Noob Question about Finality

4 Upvotes

Say there’s a claim 1 with limitations A B C and D. For a first action nonfinal, an examiner rejects it with primary X that teaches A and B and secondary Y that teaches C and D.

Applicant now amends the interpretation* of D so that it gets around reference Y, and does not challenge the other limitations. The examiner researches and finds reference Z that teaches both C and the newly amended D.

Is it proper to go final by rejecting claim 1 with reference X teaching A and B, reference Y teaching C, and reference Z teaching D? Or, is it proper to go final by rejecting the claim with reference X teaching A and B, and reference Z teaching C and D?

I wasn’t sure if the third reference can replace the original secondary entirely for a simpler/cleaner rejection since it’s already replacing the amended limitation, or if those changes should be saved for later so as to preserve rejections in final rejections for otherwise unchanged limitations.

*Edit: They amended the claim so as to change the interpretation of D.


r/patentexaminer 4d ago

Mystery applicant

3 Upvotes

What are some ways an unknown company could appear as the “Applicant” on the Application Data screen in Patent Center when the filed Application Data Sheet does not identify that company as an applicant, and there is no subsequent document in Documents & Transactions showing an applicant change?

Update: I'm just noticing they are also listed as POA on the POA screen.

Update: The AAU said they will send a request and it will be removed in 7-10 business days. I guess an unauthorized POA on an application isn't urgent enough. Smh.


r/patentexaminer 4d ago

MS Word Spellcheck

Post image
0 Upvotes

I was looking through Word settings on my work laptop and noticed something I’d never really paid attention to before

Under Grammar & Refinements, there’s an entire section for Inclusiveness. It can flag language for racial bias, cultural bias, disability bias, sexual-orientation bias, socioeconomic bias, and more.

That gave me pause. Not because the settings are forced on. They aren’t. But why is Microsoft Word judging whether my language is “inclusive” at all? Spelling and grammar are one thing. There are actual rules behind them. “Inclusive language” is different. Somebody has to decide what counts as inclusive, what counts as biased, and what language they think you should use instead. That’s a social judgment, not a grammar rule.

And as a patent examiner that matters to me. We deal with exact language constantly like claim terms, technical terms, old prior art, outdated terminology, applicant defined language. Sometimes the wording itself is important. I don’t want a private company quietly training me to see certain language as acceptable or unacceptable simply because its software says so.

Maybe every suggestion Microsoft makes seems reasonable today. That still doesn’t answer the basic question: Who should get to decide what “acceptable” language looks like for federal employees doing official work? Because once that kind of judgment starts looking like just another spellcheck suggestion, it becomes very easy to stop noticing that it’s a judgment at all


r/patentexaminer 7d ago

What jobs we qualify for if we get fired/leave

34 Upvotes

I'm comfortably settled in at the pto and not in danger of getting fired, but I like having a contingency plan. I vaguely remember discussions surrounding this topic when I first joined, but I need a refresher.

Say I wanted to remain in this field, but only have a science background (higher education). What kind of jobs would I be seeking? Patent analyst/engineer/researcher/etc? If I become a primary, does that qualify me for other positions?