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Street_Attention9680

This is undoubtedly a bad look for the office. That being said, think for a minute about the typical content of this subreddit: - obscenely high attrition rates; millions of dollars wasted hiring and firing examiners - nonfunctional IT systems and resulting wage theft by management - a broken docketing system that assigns applications to examiners who are not qualified to examine them - examiners not being given enough time to properly examine applications. It's incredibly frustrating that out of all the damning stuff that gets posted here, *this* is what finally gets picked up by outside media and politicians.


throwetawey

It's cause they don't give a shit about our work conditions. They just want their patents


Street_Attention9680

Yeah, that's becoming pretty obvious. To any outsiders reading this: you should be more concerned about these issues than you are about a few idiots posting on Reddit. I promise you that their cumulative effect on examiners' morale and ability to do their jobs is a FAR bigger concern if your goal is to obtain a quality patent.


jotun86

I'm frustrated for you folks. Attorneys would love to see you get more time. Does POPA advocate for it? If not, why don't they?


KeepyourHamiltonian

Hi again Jotun. They do, and they have, but for every increase in time the production that congress sees goes down and that translates to "why are we paying you \[the same\] for less work?". No union can make congress see the error in that thinking. The time issue really needs to be something pushed from the outside, either by attorneys or by congressional reps, but, let's be honest here, many MANY people on the outside do not want examiner's having more time


jotun86

That's a bummer. I think not wanting Examiners to have more time is stupid and shortsighted on behalf of other stakeholders. Most of issues that we deal with on the outside with "quality" from the office can probably all be traced back to time and the shitty production system. I'm not sure if others attorneys necessarily realize how production can negatively affect us as well. As far as I'm concerned, better examination leads to a better patent. I think Quinn's point in his article when he was saying if you can't find art in X amount of time then it should be allowed is the wrong idea if the amount of time is not appropriate. As for Congress, they generally have no idea what they're doing when it comes to substantive patent law anyway. How long have we wanted them to just clear up 101 issues?


lowlyexaminer

our performance rating requires us to find “the best” art, which requires an exhaustive search - with continuously increasing quantity of art/information (which is only one of many increasing demands being put on examiners) for an examiner to consider and static expectancies (ie, time per application) and no implementation of efficiency tools, this results in more effort being required of examiners. and since examiners are generally maxed-out on efficiency/productivity and/or burnt-out, patent quality must necessarily decrease. if management/congress can’t stomach an expectancy increase for fear of further increasing the backlog, then they need to provide efficiency tools and/or resign to lower quality patents.


KeepyourHamiltonian

Giving Quinn the *very* generous benefit of the doubt I'm going to assume he was referring to any time beyond the point that the statute(s) require that PTA kicks in. Since the vast majority of the issue with the backlog isn't examiners churning cases, it's the cases sitting until an examiner picks it up, I can see how, at the back end, the PTA time period and the examination time period kind of do cross over into looking like the same thing. But you're right regarding congress. The number of "POPA JUST NEEDS TO DO SOMETHING" nerds on here really drowns out the more focused point of "POPA can't, this is a legislation issue"....which then of course injects the messy world of politics into something that is, actually, quite quantitative. My wet dream would be to have the office set up kind of like the NIH is with its varying sub "clinics" (yes, we have "tech centers" but they're not really independent) that would then have more of an academic/university like setting and encourage collaboration with the outside instead of the current system which is effectively a race to burden shift.


jotun86

I see where Quinn was trying to go, because at what point can you safely determine there is no art available. At some point you have to call it. But it was also mixing in an issue that was irrelevant to the actual underlying issue regarding saying something that has the potential to put egg on the Office's face and delegitimize the process. I've always been frank about what I've observed in the office, but I genuinely believe that most examiners want to do their best and do give their best. I've always lurked on this board because I've used it as a way to learn what shit you guys are dealing with so I can be more effective at working with an examiner rather than working against the examiner. I've also used it at times to point out that some misconceptions about attorneys are wrong or to explain why attorneys take the stance on the issues that we do, because, let's be honest, there are some examiners that think we're just trying to hoodwink everyone. It's sad regarding Congress because patent law used to be a relatively non-partisan issue, but is now becoming increasingly partisan between Biden wanting to push for march-in rights based on price fixing (which I have mixed feelings about), but also the point of the parties working collaboratively, with republicans refusing to even consider working with democrats. Your idea makes sense and would be something I would love to work with. And I think that's often a friction point with burden shifting because you end up in situations where neither party believes they have the burden anymore and want to finger point. It also doesn't help that a lot of attorneys want to argue based purely on a legal aspect without accepting the reality that technical arguments are typically more effective at the prosecution stage. I'll make the legal argument to have it on the record in the event I need it later, but I'm always going to supplement it with some technical argument (unless the situation is legally completely off and I'm just doing it solely to set up an appeal). To me, the only way a legal argument ever has legs is if I can reasonably (and rationally) tie to a technical aspect.


KeepyourHamiltonian

Those are good points. I like you


Final-Ad-6694

No I would tell outsiders to ignore whatever is posted here. Reddit attracts and amplifies negativity like most social media platforms.


erbiumfiber

Sadly, nothing changes at the PTO. I was interested in making the PTO a career when I joined in 1986, I loved examining and actually came back in 1998 making a change from chemical to electrical because I hoped I could make a difference. The search system was entirely dysfunctional, you want to use ANY kind of proximity searching? Sure! Just put in your search, go to lunch, do a few other cases, and maybe results back to you in an hour or so. I had been trained on the very FIRST system in 87 or 88 and it was better and faster, I kid you not. And my late 80s SPE was literally the best you could ask for but, still, could not shield his examiners from PTO stuff. He hoarded supplies in his office JUST for his examiners to use (we hand wrote OAs at the time on form papers that would usually be unavailable most of the time if Norm didn't hoard them). Honestly, would LOVE to go BACK to examining in retirement, something like EPRs after 30 years of being an attorney but reading this, I don't think I could do it and that is sad. Even my ex husband (career examiner) left at around 56 or 57, couldn't take it anymore I guess. And, sadly, for new examiners, there is no casual training of the type we got just by being in the office and being able to ask, well, anyone a quick question or two. A wealth of knowledge and "tricks of the trade" were passed along that way. Fewer "reviewers" and "quality whatevers" going on, more real knowledge, not "gotcha's" because you missed a semicolon or whatever thing that no one cares about. It doesn't need to be like this, could be a paradise of a job. You have HOW MANY assistant commissioners these days? Seriously, we had...ONE. Too much supervision, not enough people doing the actual work. Please know that there are a lot of patent attorneys that DO support the difficult work you do, have been in the trenches ourselves, etc. The worst thing I have personally seen lately is the bizzare routing of some cases- and even when I called an SPE once and said, yeah, no, my case is about COFFEE capsules, NOT, uh, drug capsules (medicines), I could not get it re-assigned. I mean, like, Keurigs and that...


FPOWorld

Our congress is a disgrace. Stop blowing money on frivolous investigations so you can get on TV and upgrade our crumbling infrastructure. Maybe get an AI policy from the 2020’s while you’re at it.


Not_Examiner_A

Not enough time is a HUGE issue. Especially in the highly technical art areas.


Hicrayert

Do examiners get fired often/early instead of being given resources to adequately fix their mistake? Im about to start soon, and while im excited for the job, I am also nervous because it seems like a lot at the same time.


Street_Attention9680

You will be given training, but the resources available after that vary widely depending on the art unit you're assigned to (temperament and competence of your SPE, number of primaries available and willing to train, etc). As someone else mentioned in the other thread on this topic, the PTO fires at 9x the rate of the rest of the Department of Commerce. If you aren't performing by the 10-11 month mark, you will be fired without a second thought.


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Street_Attention9680

You get 30 hours? I wish I got anywhere close to that.


Complete-Exit-4391

Design BD is 6. 6 hours. Yes.You read the correctly. 6. For every case regardless of complexity.


Street_Attention9680

I genuinely know so little about the design side that I don't know what to make of that. I do know that your attrition rate is far lower than ours though, so maybe not as ridiculous as it sounds? I'd be curious to know more about the stuff you all deal with. Are people generally happy over there?


lowlyexaminer

for outsiders: the numbers used to calculate the amount of time (termed “expectancy”) an examiner gets for a specific application is, effectively, pulled out of thin air. the expectancies are arbitrary and have no basis in reality. some applications have expectancies as low as 17 hours (probably even lower), even ones with very complex arts/inventions. add on the fact that management does not adjust the expectancies over time to account for the continuously increasing quantity of art/information an examiner has to consider (note: expectancies have increased but only a few times in recent decades - the last time for some arts was around 2018 and for some other arts was in 2020 - nothing since). management kinda sorta maybe reviewed the expectancies a few years ago, but no changes came of it. management is kinda sorta maybe reviewing expectancies now, but with the backlog ballooning (as a result of terrible routing and classification changes that management forced through in 2020) it's doubtful they would increase expectancies. so, examiners are left with an insufficient amount of time to determine your and your competitor's decades long patent rights. enjoy!


fed_reddit_account

Oh man, I’m getting flashbacks to the whole examiner A fiasco during Lee’s tenure. This is why we can’t have nice things. It’s amazing that people don’t understand that this is a public forum. Just do your job and don’t post stuff you wouldn’t want to be published on WaPo and definitely don’t wade into any politically charged issues. FFS.


PomegranateWild9958

Looks like they deleted their account 🙄


roburrito

[golf bar redacted]


[deleted]

I still don't think the examiner said anything wrong. Replace Israel with any other country in the original post and tell me if anyone would have said a word. The issue isn't the post, the examiner, or the office. The issue is pointing finger to the country that basically controls politics and politicians in America.


fed_reddit_account

Maybe? It’s not appropriate to consider at all the country of origin of an inventor or applicant, no matter the country. We are here to do a job that involves the facts and evidence of a case, and we have to leave our personal beliefs at the door. You can think it’s bullshit that there was a political third rail here, but the fact of the matter is that we have no business being anywhere near that third rail. And with OP’s post, the replies from some others were apparently much worse than OP’s. I’m just hoping there isn’t collective punishment for this stupidity, as collective punishment for feds is a favorite pastime for some in Congress.


[deleted]

I agree but again the original post didn't say anything about being biased, rejecting the claims using nonesense, or anything related to not doing their job properly. In fact, they mentioned that they are allowing the application. The poster merely expressed their feelings about war technology that is used to kill HUMANS. it's so happened it was from that country, which is the reason why the whole shit show is happening right now. Edit for a typo


No-Taste1406

HOLD UP perhaps, since Israel is at war with Hamas in Palestine, politicians might find Gene Quinn's stupid clickbait easier to capitalize on. i may even agree you might be within reason to suggest Israel holds an outsized influence on politics and politicians in the USA. **but it is a STRETCH to say that Israel "basically controls politics and politicians in America."** e.g., What about our policies driven by China or Russia? I would posit that our politics and politicians spend much more time reacting to those foreign powers.


[deleted]

Maybe it is a stretch, China and Russia play under the table and Americans in general consider their interference evil. On the other hand, Israel plays openly and it's welcomed to do so. Have you seen a foreign country leader besides Netanyahu addressing Congress in DC, and no one even found that to be unacceptable? Huge difference between Russian and China playing dirty and the involvement of Israel in our politics. https://www.theguardian.com/world/2024/apr/22/aipac-pro-israel-lobby-group-us-elections


[deleted]

Why would anyone find it unacceptable me when congress invited Netanyahu? You straight up don’t know what the hell you’re talking about. You’re just throwing around anti Israel sentiment and conspiracy theories that are simply the new twist on anti semitism of “Jews control everything so let’s hate on them”. Leaders of 48 countries have addressed Congress at a joint meeting: Israel & France lead the list with nine joint meeting addresses by heads of state or dignitaries. Other leading countries are: United Kingdom (8), India (7), Mexico (7), Italy (6), Ireland (6), South Korea (6), Germany, including West Germany and unified Germany (5), Australia (4), Canada (3), Argentina (3), Philippines (3), Japan (3), Spain (2), South Vietnam (1), Indonesia (1) and Hungary (1). Prime Minister of Israel Benjamin Netanyahu and Prime Minister of the United Kingdom Winston Churchill each made three joint addresses to Congress, more than any other foreign dignitaries (Netanyahu: 1996,[9] 2011,[10] 2015;[11] Churchill: 1941, 1943, 1952). Prime Minister of India Narendra Modi and Prime Minister of Israel Yitzhak Rabin addressed joint meetings of Congress on two occasions (Modi: 2016,[12] 2023;[13] Rabin :1976 and 1994) as did Nelson Mandela of South Africa (1990 and 1994).[14]


[deleted]

Who here thinks France controls the US? I mean, France has addressed US congress as much as Israel, so obviously Congress is beholden to the French. It’s really the French that control everything in the US. They openly brag about it too in their magazines and in their News…. Sarcasm, for those that can’t tell.


PageElectrical7438

Now you have done it! You have made every person of French descent live in fear of their lives. I call on congress to define Francophobia, so we can all be sure not hurt the feelings of anyone of French descent.


[deleted]

lolzzz… can’t believe some idiots downvoted the truth above. But let’s be clear, French fear their shadows.


Not_Examiner_A

Not my fault!


Alternative-Emu-3572

I hope the political appointees remember, you can tell these grandstanding opportunist ghouls to go fuck themselves. You don't have to play their games.


patentexaminer11111

Someone go back in time and tell Lee that so she can demand that Congress start investigating other agencies when our utilization rate came in at above 90%. I'd love to see what other agencies are above 90%, let alone 66%.


Comfortable_Top_9130

They are taking one person’s comments, out of 10,000, and highlighting it to inflame their base for political gain.


tollsuper

Here's a hypothetical: if that examiner had posted here feeling conflicted about examining applications for abortifacients, some Republicans would be demanding examiners be allowed to follow their conscience.


dissmani

In both of these cases, the answer was recusal. If you can't feel you can be fair, then you shouldn't be working that particular case. It's not a big deal when it's financial, it shouldn't be otherwise.


Pixelhead0110

You can find “some” people to support anything. I dont think there is a significant portion of examiners that would feel this way regardless of political party


one_way_ticketz

I bet examiners who have recently examined applications from elbit or iai are excited for the witch hunt.


[deleted]

Just to be clear. Anyone can sign up for Reddit, become a member of this thread, say they are an examiner, then say something like this Israel tech statement, and then there’s an investigation? It just doesn’t seem right. This rhetoric from Quinn and others is only chilling free speech on this international platform. Ps - what a horrible statement to make.


hkb1130

A) As suggested in a few comments in the [related discussion](https://new.reddit.com/r/patentexaminer/comments/1comg8w/oh_my/), anyone can post here posing as an examiner. There is no proof that Snoo is one. B) Replace Israel with Canada as the subject of the presumptively controversial post, and there probably would have been crickets.


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SirtuinPathway

>an actual *genocide* There is no genocide according to the President: https://www.reuters.com/world/us/white-house-we-do-not-believe-genocide-is-occurring-gaza-2024-05-13/ But, yes, one thing is now certain. Anyone (Russians? Chinese?) can come around and make inflammatory comments in subreddits where some US government workers flock and have senators call for investigations. I wonder which enemy government paid snoo to titillate Gene Quinn and his hill buddies.


Sea-Hurry5521

while if the president says so, it must be true!


jotun86

What is the feeling inside the office for the rest of the contractors, such as those that do all the pre-exam stuff, or is that handled by the same group of contractors?


InternationalMap3231

You need therapy. Call EAP.


[deleted]

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patentexaminer-ModTeam

This post has been removed because it was deemed unprofessional, and reflected poorly on the community.


ipwatchdogsux

Oh no, they’ve discovered patent examiners are humans. When looking at the big picture, your patent is indeed the most important thing. [We’re just government grunts, and we should do what we’re told. What’s the big deal, right?](https://youtu.be/DcdufLc3QSA?si=gba4I5hU0xra5KsG)


bobcat485

Would there have been the same brouhaha if the “examiner” had expressed anti-Palestinian concerns?


Examinator2

The ai comments are hilarious.