Monday, April 1, 2013

Post 19: USPTO Trying To Reduce RCE Pileup



http://www.patentlyo.com/patent/2013/03/uspto-takes-action-to-reduce-rce-backlog.html

There is a growing concern that the backlog of RCE, requests for continued examination, are growing too rapidly.  This concern is from the USPTO, and they are worried that too many of the of RCE's have not received first action. 


"The increased backlog is explained by both a slight rise in the number of RCEs being filed each month and a slight drop in the number of RCEs being examined. The drop in examination rates for these RCEs is explained by changes in the docketing, quota, and count system for examiners. These changes implemented by former Director Kappos slightly decreased the "counts" given for examining RCEs and also allowed examiners to delay examining RCEs without direct penalty. You'll note the annual dip in the backlog around September – the time when some examiners rush to make their end-of-fiscal-year numbers."

It is interesting that there are less backlogs in September, partly because REC examiners need to reach yearly number goals prior to the end of the company's yearly goals. The USPTO has to fix this problem by going back to their old system. This old system allowed for more credits for RCE backlogging. The more credits, the more examiners will work to decrease the backlog. 





What do you guys think? It is certainly a problem that needs to be solved. Reducing RCE's is a vital part of a healthy patent system. Its unfair to the filers if their patent isnt examined fairly and most importantly - in a timely fashion. 

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