Patrick Anderson (PatentCalls and GametimeIP) pointed me to an interesting discussion on the just_n_examiner website regarding a USPTO initiative called COPA – Clearing the Oldest Patent Applications.
In a recent memorandum to examiners, USPTO Patent Commissioner Robert Stoll re-emphasized the medium-term goal of issuing an Office Action within 10 months of patent application filing. Stoll then introduced an interim goal: that by September 30, 2011 (end of FY2011), every application filed on or before June 7, 2009 should at least have received an initial Office Action.
Toward this end, we are officially starting a major initiative called "Clearing the Oldest Patent Applications" (COPA) beginning in the second half of Fiscal Year 2011 to reduce pendency by eliminating the backlog of our oldest unexamined new applications —those with filing dates on or before June 7, 2009. As of the end of February, there are still 233,780 applications in this category.
If successful, the result of COPA will be that all applications more than 28 months old will have been (at least initially) examined. One approach that the Office is taking to reach this goal is to share resources between technology centers.
Through the COPA initiative, we will carefully look at our old case backlogs, and rebalance workloads by sharing resources both within and across Technology Centers (TC). Workloads will be rebalanced by identifying technological overlaps between art units and TCs thereby matching backlog applications to available resources. Only by rebalancing the current workload can we significantly eliminate our oldest cases and move toward an average 10-month first Office action pendency.
Reshuffling the Deck Chairs: Commissioner Stoll has also directed examiners to focus attention on applications with an "actual filing date of June 7, 2009 or earlier." Of course, the Office has a limited throughput, and simply refocusing attention on un-examined cases will take attention away from in-process applications. Thus, in the short-run, the PTO may be slower in responding to an RCE or other applicant submission.
In the longer-term, the USPTO is focusing on hiring additional examiners and information technology efficiencies – both of which are intended to increase throughput across the board. Those initiatives, however are dependent upon Congress allowing the PTO to increase its fees and corresponding budgetary expenditures.
The full memorandum follows:
MEMORANDUM
UNITED STATES PATENT AND TRADEMARK OFFICE
COMMISSIONER FOR PATENTS
TO: All Patent Employees
FROM: Robert L. Stoll, Commissioner for Patents
SUBJECT: "Clearing the Oldest Patent Applications" (COPA)
MAR 10, 2011
One of our goals set forth in the 2010-2015 Strategic Plan is to reduce pendency to 10 months for a first Office action by 2014. Toward this end, we are officially starting a major initiative called "Clearing the Oldest Patent Applications" (COPA) beginning in the second half of Fiscal Year 2011 to reduce pendency by eliminating the backlog of our oldest unexamined new applications —those with filing dates on or before June 7, 2009. As of the end of February, there are still 233,780 applications in this category.
As we looked for strategies to meet this goal, we analyzed our application distribution in relation to available resources. We found a high variability in backlog volume as compared to resources in some technology areas. Through the COPA initiative, we will carefully look at our old case backlogs, and rebalance workloads by sharing resources both within and across Technology Centers (TC). Workloads will be rebalanced by identifying technological overlaps between art units and TCs thereby matching backlog applications to available resources. Only by rebalancing the current workload can we significantly eliminate our oldest cases and move toward an average 10-month first Office action pendency.
You can help with this initiative by starting now to focus your efforts on applications within your dockets that have an actual filing date of June 7, 2009 or earlier. In the near future you will receive a questionnaire, developed in collaboration with POPA, designed to let us know if you have expertise or work experience in an area not currently in your docket, but where you can lend your expertise to areas where there may be a shortage of examiner resources. You can express your no obligation level of interest in taking on new cases in those areas where you have experience and ability. More generally, you can help us identify areas of technology that are closely related so that we can target areas for potential case transfer which will aid us in maintaining the level of quality of examination. Your assistance in completing this questionnaire will be very helpful in making the COPA initiative a success.
I want to assure you that any workload rebalancing will include appropriate goal adjustments which will be clearly communicated with you before the cases are acted on. We are also exploring the possibility of establishing a Patents-wide award if we achieve the COPA goals as an organization this year. Together we can reduce our patent backlog and achieve our Strategic Goal of 10-month First Action Pendency by 2014. Our efforts to reduce the patent backlog can have a major positive impact on our nation's economy and technological leadership.
We are currently planning a COPA Kick-off event which will be held in the next few weeks, you will be receiving more information on this very soon. Thank you for your hard work and your dedication to the USPTO,
