An Assessment of the Impact of Pre-Issuance Submissions on the Patent Examination Process
Authors
Sarah Beth Kapelner, Joshua M. Palmer, Brianna Lynn Sheldon
Sponsor
United States Patent and Trademark Office
Advisors
James Hanlan, David DiBiasio
Term
October – December 2013
Project Outcomes
Abstract
The Pre-Issuance Submissions Program was implemented by the United States Patent and Trademark Office (USPTO) in 2012 in response to the America Invents Act under the provision that the public can submit documents relevant to patent applications under review. This project looked at the effectiveness of the Program and developed a list of recommendations of program improvements. We explored the Program from the viewpoint of the USPTO and of the public who could participate. We analyzed information collected from prior documentation, questionnaires distributed to examiners, interviews with USPTO employees and third parties, and a focus group of examiners. The conclusions we reached developed our recommendations how to improve the Program, helping the USPTO become a more efficient agency.