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 |
Total |
Error |
Error |
Error |
Current Error |
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.