POPA: The past several months has seen a gradual buildup of support for stronger post-grant opposition proceedings. Bucking the trend, the Patent Office Professional Association (POPA) has taken the stance that patenting should be done right the first time, rather than relying on the second-chance actions.
If the USPTO were to reallocate its funds significantly to bolster post-grant opposition instead of increasing time for examination, it would be banking on getting patent quality right only the second time around. Absent changes to promote higher quality in the examination system–such as giving more examination time per case and granting credit to examiners for all actual work done, including second actions and final actions–the USPTO would have little motivation and insufficient resources to get the job done right the first time.
POPA’s June/July newsletter is online here.