Last month, the USPTO announced changes to the Patent Examiners Performance Appraisal Plan (PAP) for only the third time in 30 years - in an effort to address the backlog problem inherited from the previous administration.
The announcement sparked questions and concerns about what the changes — including new interview time limits, a new streamlined review process, and increased production expectations - will mean in practice.
In this Clause 8 episode, Eli Mazour speaks with Jerry Lorengo, a Deputy Commissioner for Patents who helped lead the process for figuring out and implementing the changes over the last six months. Jerry joined the USPTO as an examiner in 1996, became an SPE nine years later, and has since held multiple senior leadership roles.
In this episode, Jerry:
Walks through the process that led to the changes
Discusses the impact of new production expectations on examiners
Breaks news that the new streamlined review process — originally announced to focus on “all independent claims and any dependent claims indicated as allowable” — has now been changed to focus on all independent claims (rejected and allowed)
Contrasts the new streamlined review framework - designed to front-load quality review to expedite and improve examination across the art unit - with the reviled “second pair of eyes” review program that undid allowances after extensive examination
Explains why it’s not appropriate for SPEs to tell examiners to “keep looking” for prior art
Clarifies that despite new interview policy, examiners and SPEs are expected to continue to facilitate applicant-initiated interviews to advance prosecution
Shares practical advice for succeeding at the USPTO — from both the examiner’s and applicant’s perspectives
Discusses how the USPTO plans to monitor and adjust the policies based on data and feedback from applicants, practitioners, examiners, and SPEs
🎧 Watch or listen to the full episode and find additional bonus content on the new Clause 8 YouTube channel.
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