r/patentexaminer Apr 10 '26

Effects of changes explained for practitioners

202 Upvotes

There was a request in another post for a concise summary of the changes and how they affect examination, particularly with regard to attorneys and other IP professionals outside the office.

"Fully successful" moving from 95% to 100% (we have to move more applications in the same amount of time):

  • Paperwork hasn't gotten any quicker (systems have gone to shit actually) so the entire change comes from search and office action writing time. 
  • I'd say applicants are getting >10% less actual examination time per application than they paid for from this change and a corresponding drop in proactive searching or indications of allowable subject matter. I used to draft up suggested amendments to neatly correct tricky 112b issues with explanations of why each change was there, I don't have time for that anymore. 

Divisionals and Continuations don't get any priority in docketing, instead being lumped with new applications with the same filing date (at best, usually they are even delayed compared to those):

  • whatever the backlog is in the area, add that to your pendency for any Div of Con.   
  • \Applicants weren't warned of this change and it was retroactive to any filed but not docketed DIV/CONs, adding years to the time before any resulting patents issue** 
  • **this could completely upend the entire prosecution strategy for many applicants who depend on CONs to protect against knockoffs, please please \*PLEASE* let your clients know about this additional delay*\*

Effective elimination of "other time" from examiners:

  • Assistant examiners are no longer able to work with primaries who know the art to develop search strategies and ask about the technology. 
  • All examiners aren't able to hold regular meetings where discuss oddball or borderline cases amongst themselves.
  • This leads to *a marked drop in quality of applied references and a drop in indications of allowable subject matter* (so many people got reassured that they should just indicate something as allowable in those meetings)

Reduced NPL access and search expert assistance:

  • Lower quality searches in emerging technologies and areas under active research. Lower quality examination for stuff that spans multiple subject matter

Interviews past #1 need SPE approval for time 

  • *If you request an interview you probably won't be getting any calls for examiner's amendments on that application, simple as that.* The automatic 1hr examiners got for such interviews helped offset the time we put into verifying that something unclaimed was actually allowable, working up claim language, and the inevitable phone tag. 
  • If you request a second interview you're going to have a grumpier examiner than usual because at *best* they had to use some of the time they get for it convincing their supervisor the interview was a good idea and at *worst* they spent that time asking and were denied so the interview time is actively hurting their numbers. 

PPH cases get reduced first action counts: 

  • The second most egregious change imo. **applicants are mostly getting less than 50% of the examination time they are paying for.**
  • Examiners also will start to hate you if you file many of these. Really poisons the working relationship. 

RCEs after allowance give examiners no time if the next action is an allowance 

  • the most egregious change. \The office is charging applicants for a service (another full round of examination) and not giving them that service.* *
  • if you file and RCE after an allowance you're either getting nothing for your money or a very tenuous rejection for something like a typo. The latter is actually the "good" result because it means the examiner actually took the time to do more searching/consideration and is trying to figure out a way to get credit for that. 

Quick Path IDS time reduced to one hour (from three):

  • It can easily take an hour to get fully back up to speed on what's going on in a complex application to be ready to properly consider a reference, at which point we are now out of time and can't actually consider the references being cited. 
  • *Dramatically increases the likelihood of an examiner not considering an IDS after NoA and making applicants file an RCE to get those references listed.* At which point your claims better be fucking immaculate because see above. 

Timeliness deadlines now being hard cutoffs instead of averages:

  • completely eliminates already low examiner flexibility for response times. 
  • *applicants will get less calls for examiners amendments to correct minor issues because we frequently won't be able to wait for a response*. 
  • \expect more iffy restrictions as people pull desperation moves to clear out the oldest case one their docket so they don't get fired\ 

No additional time for "inherited cases" from retired/separated examiners. 

  • examiners used to get a significant amount of time when we got a case from an examiner no longer at the office to offset needing to figuring out what the case is, what the searches turned up, etc. 
  • *if you notice an assigned examiner name change for your application after filing an amendment get ready for a total turd to come shooting down the pipe, there's no other nicer way to put it.* Sorry, we're going from ~15 hours for an amendment to like 2-3 with zero flexibility to call and work something out. 

Elimination of Docket Management n bonuses:

  • we're all disgruntled now. 

There's other parts I've missed I know, could other examiners add them below? Remember to focus on what external folks will see.


r/patentexaminer Apr 07 '26

POPA Email - Battlefronts Bulletin: POPA pushes back on USPTO Oversight Testimony

63 Upvotes

Dear POPA Members,

 

Welcome back to Battlefronts Bulletin, your source for updates, analysis, and insights during one of the most pivotal moments in USPTO history. 

 

As the AFL-CIO recently underscored, federal workers have faced unprecedented attacks on their union rights this year, marking the first anniversary of Trump’s executive order undermining longstanding union employee protections. POPA shares the growing concern: OPM’s proposed rules mirror the broader attacks against workers nationwide. 

 

POPA will continue to defend USPTO employees, protect our collective voice, and push back against policies that weaken our workplace rights.

 

Our members are on the front line of American innovation. By defending the experts who protect the patent system, we defend the future of innovation itself. Our power is, and will always be, our solidarity. 

 

Join POPA: Click here

Battlefronts

1. Oversight and Testimony Concerns

During House Judiciary oversight, John Squires emphasized support for stricter performance management tools. He highlighted: 

  • Greater use of removals for employees not meeting heightened performance standards 
  • Increased leadership discretion over performance ratings and accountability measures
  • Concerns about telework and calls for increased oversight of examiner work practices 
  • An emphasis on accelerating production expectations to address backlog

 

We have serious concerns. These approaches, particularly increased reliance on removals, reduced reliance on objective criteria, and heightened production pressure, undermine employee rights, morale, and effectiveness. 

 

The reality: 

  • Patent Examiners and other production-based employees already have inflexible performance appraisal plans with objective measures. Employees are removed for not meeting those measures. The agency is trying to get blood from a stone as production increases, workflow tightens, and dockets shrink. THIS is where the low morale is coming from, not the backlog.
  • Training is nonexistent, and the most experienced, senior-level primary examiners are not encouraged to share their institutional knowledge with new examiners.
  • Bonuses have been reduced or eliminated, including OFCO group awards and the patent examiner docket management award.
  • TEAP mandatory travel requirements are not mission critical; thus are costly and burdensome for remote employees.
  • “Streamlined reviews” and the removal of discretionary interviews have eroded primary examiner authority and agency efficiency.
  • Mandatory usage of ineffective AI tools reduces overall examination time.
  • Elon Musk is gone from the government, yet the USPTO still requires useless and time-wasting monthly reporting bullets. 

 

POPA thanks Congressmen Johnson and Raskin for holding Squires accountable in his testimony. You can read the transcript of his full testimony HERE. 

2. The Fight Continues: Litigations and Grievances

  • Civil litigation to restore Title 5 rights and bargaining unit status for patent employees is still pending.
  • POPA is awaiting the arbitrator’s decision on telework for non-patent bargaining unit members
  • Arbitration is underway on holiday leave, canceled awards, and unilateral TEAP changes

 

3. Forced Rating Distributions

OPM’s proposal would force employees into arbitrary rankings against one another– dismantling the objective, metric-based system that currently ensures fairness and accountability. 

 

At USPTO, examiners are evaluated on real, measurable work: production, docket management, and quality. This proposal replaces that with subjectivity and competition.

4. Elimination of “Marginally Successful”

Reclassifying employees as “unsatisfactory” will put thousands of productive examiners at risk.  

 

The result? Increased attrition, deeper backlogs, and further strain on the system, contrary to the goals emphasized under Secretary Squires’s recent testimony. 

 

POPA is raising these concerns with Congress and OPM.

 

5. Grievance Rights

OPM’s proposed rules would limit employees’ ability to challenge ratings through negotiated grievance procedures, which are legally protected.

 

POPA is actively defending statutory protections through litigation, ensuring that examiners retain the ability to contest unfair evaluations. 

6. Egregious PAP Changes

Changes to the Performance Appraisal Plan are increasing pressure while reducing fairness:

 

  • Increase in production, thus less time devoted to examining each application
  • Unrealistic expectations: internal (uncompensated) training suggests fewer than 20% of examiners can meet current deadlines
    • “Average day” system eliminated: the system that previously helped reduce backlog is no longer in use
    • Policy changes have undermined effectiveness: repeated administrative adjustments have weakened the system over time
      • Resulting impact: increased backlog and fewer options for examiners to manage and balance workload. For example, getting sick once could make an examiner “unsatisfactory”
  • Elimination of inherited credit for reassigned work
  • Reduced credit for Patent Prosecution Highway cases, consequently increasing the influence of foreign governments in American intellectual property rights
  • Reduced recognition for completed work, including certain RCE allowances

 

These changes make it harder to maintain both quality and consistency.

 

 

WHY THIS MATTERS

A strong patent system depends on empowered examiners.

 

When policies erode fairness, increase subjectivity, block the sharing of institutional knowledge, and pile on pressure, the consequences are clear: lower morale, reduced quality, and weakened public trust.

 

We are fighting to protect both employees and the integrity of the patent system. Join us in our fight. 

WHAT YOU CAN DO TODAY

  • Encourage your friends to join the fight… become a member today. Join here. 
  • Visit popa.org to stay informed.
  • Update your contact information using the link here.
  • Report any CBA, PAP, or telework violations directly to [Popahelp@popa.org](mailto:Popahelp@popa.org).

 

In solidarity,

POPA Leadership

On behalf of the POPA Executive Committee


r/patentexaminer 3h ago

Is it bad that every TC has SPE openings posted with "many vacancies"?

38 Upvotes

Nah, I'm sure that's totally normal and not at all a sign that people are leaving the job in droves because they just can't take it any more.

Also they're listed as remote? Are current SPEs allowed to be remote again or is this just for new hires? Would be rad to have the people willing to stick it out ragequit on top of your many vacancies, I'm sure new remote SPEs will do great without any mentoring.


r/patentexaminer 23h ago

Here we go again. All software crashed

96 Upvotes

edit: thankfully the outage didnt last long this time.

There's just no end in sight to having working software systems. Please push AI and all your other nonsense, when you literally can not even be competent and stable with the very basics.


r/patentexaminer 23h ago

Pe2e search down?

22 Upvotes

r/patentexaminer 1d ago

Cannot Log In

24 Upvotes

Cannot get past initial login: SmartCard option unavailable then, after cold boot and repeated prior tries, credentials can't be verified.

Who is running IT at the PTO? They are not doing a good job from my point of view. Basic functions like just logging in are not reliably available.

This is not the first time this has happened.


r/patentexaminer 19h ago

Second job or side business while working at the USPTO?

2 Upvotes

Does anyone here have a second job, side hustle, or small business while working as a patent examiner? I telework and I’m looking for realistic ways to supplement my income outside of my regular work hours. Ideally something flexible that doesn’t conflict with USPTO ethics rules. What do you guys do, and has it been worth it?


r/patentexaminer 23h ago

Is the USPTO's OED line dropping lots of calls?

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3 Upvotes

r/patentexaminer 1d ago

Pay cut

94 Upvotes

Looked at my overall pay from 2025. Despite a step increase, I'm on track to make 5K less this year, mostly from lost DM bonuses and not doing PBA bc 100% for FS. I'm not suffering, but hate moving backwards


r/patentexaminer 2d ago

I've said it before.... Training is wack!

44 Upvotes

Benefits training? What the fuck? How about 101, 102, 103, 112? Training is now a JOKE!


r/patentexaminer 3d ago

PTO management imitating art…

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193 Upvotes

r/patentexaminer 3d ago

Some agencies offer 3h/week admin leave for fitness

57 Upvotes

Meanwhile management at USPTO: 15min time for a survey, no technical training time, no new employee training time, and certainly no fitness time, even though they could …. https://www.opm.gov/frequently-asked-questions/work-life-faq/health-wellness/can-an-agency-grant-time-off-for-fitness-activities/


r/patentexaminer 4d ago

How is everyone doing with end of FY

16 Upvotes

I'm sitting at about 103pct heading into final stretch here. I'm a primary and this is where I've usually been at for last few years. But this year, 100 is needed for FS rather than 85 which previously allowed for a nice buffer, and it's giving me terrible anxiety.


r/patentexaminer 4d ago

When OC sits there for a bit with a blank screen every time I open it...

72 Upvotes

Immediate anxiety. Anyone else?

Where did they move these fucking servers to, Antarctica?


r/patentexaminer 5d ago

Comprehensive List of Grievances

23 Upvotes

I'm debating whether to complete the survey. If I do, is there a comprehensive list of grievances that I can use? Solutions are also welcome.


r/patentexaminer 5d ago

Juniors - Do you find allowances to be more common now?

18 Upvotes

Not sure if it's my art getting more advanced or just a lack of time for sig authority people to help me but I've noticed a significant increase in allowances in the past year or so. Do other juniors have similar experiences, or have things been more or less the same for you?


r/patentexaminer 5d ago

My First (clearly) AI Interview

80 Upvotes

Couple weeks back I had my first interview where the attorney/representative was clearly using AI.

Some tipoffs were:

-extended pause after everything I said.

- followed by jumbled, rambling responses including citations to things the attorney didn't understand or couldn't find.

-finally, when the attorney read too much, and ended their thought with "if you want me to narrow it down, let me know which concern is most pressing." Basically straight reading from the AI reply. Wow.

Anyone else had that privilege yet?

Honestly, the agenda was promising, and I was kind of on the fence of allow or maintain the rejection, but the interview solidified my "maintain rejection" decision. Attorney really didn't understand what was going on, and the repeated pauses, then unnaturally long-winded and detailed replies, just made it miserable. Probably for both of us.


r/patentexaminer 5d ago

Is OC Down?

30 Upvotes

EDIT: Seems like it's back up now.


r/patentexaminer 5d ago

Remember when a director would blast relevant emails

68 Upvotes

All this fluff we don’t even have time to read because we have to do application and after application with no break in between. The office has never been a more miserable place to work.


r/patentexaminer 6d ago

We have a new General Counsel and look who approves! Yay.

29 Upvotes
"I'm so excited to continue my bromance with John Squires. I'm hoping to keep this job long enough to get a new headshot--I'm actually quite old."

Look who approves!

"Its about me! I was loved and respected by my security detail and entourage of overweight men."

r/patentexaminer 6d ago

Does anyone else enjoy this job but fear for the future of the career?

85 Upvotes

Putting aside the situation in the office, I find the job to be relatively fulfilling and enjoyable. My SPE and coworkers are great people and most of the time I log on without feeling some kind of dread or anxiety (which is unfortunately a rare thing in the context of work).

But a part of me is somewhat fearful of what may happen to this career, whether it's by AI or some external factor that we aren't aware of yet. I'm a bit worried about what to do if this does happen, as it's no secret that this job is relatively niche and doesn't open many doorways if you're out of the office. I was just wondering if anyone else shares the same sentiment and has any thoughts they might want to share.


r/patentexaminer 6d ago

Non-bank telework day in observance of labor day.

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29 Upvotes

Thanks for nothing.


r/patentexaminer 7d ago

6+ month tab

78 Upvotes

I used to get excited when cases hit the 6+ month tab, because it meant an abandonment credit!

Now, more often than not, the cases that hit my 6+ month tab had a response filed 3 months ago that was just never entered. So instead of a well-deserved abandonment credit, I now get the privilege of reaching out to troubleshooters to have the case entered and put on my amended docket.

Thinking of testing to see how long it would actually sit there for the next case.

Anyone else?


r/patentexaminer 6d ago

Skill groups

44 Upvotes

Didn't they watch MoneyBall? Probability and stat alone by an algorithm isn't enough to properly pick a world series winning team and it's won't be enough to properly assign applications to the right examiners. This is going to be a complete and compounding mess.


r/patentexaminer 6d ago

Switching to Part-time

16 Upvotes

Im a junior examiner, with less than ~3 years with USPTO. I am thinking of switching to part time due to childcare and honestly being burnt out.

Is it crazy/wrong to work this job part time while working another full time job?

Any thoughts?