USPTO: Examiner Error Rate at Less Than Five Percent

The USPTO’s Quality Review Program for Examined Patent Applications conducts post-allowance reviews on a random sample of applications.  (MPEP 1308.03).  These reviews are primarily used for Examiner reviews.

A table in the April/May 2005 POPA newsletter, shows the PTO’s error statistics report for October 2004 through March 2005.  The report is divided by Technology Center (TC) and also shows that the initial quality review decision is reversed or modified approximately 40% of cases.

TC

Total
Cases

Total
Error Findings

Error
Finding
Affirmed

Error
Finding
Reversed

Error
Finding
Modified

Current Error
Rate

Error Finding Reversed

1600

213

19

8

9

2

3.76%

47.37%

1700

303

38

20

14

4

6.60%

36.84%

2100

224

15

12

2

1

5.36%

13.33%

2600

219

5

2

3

0

0.91%

60.00%

2800

440

23

17

5

1

3.86%

21.74%

2900

33

3

2

0

1

6.06%

0.00%

3600

165

16

12

3

1

7.27%

18.75%

3700

221

20

12

6

2

5.43%

30.00%

Totals

1818

139

85

42

12

4.68%

30.22%

In the big picture, the report shows that Examiners are doing a pretty good job of not allowing unpatentable cases.