USPTO execs address America Invents Act concerns

22 February 2012

Eileen McDermott, New York and Patrick Ross, Washington DC

Small entity discounts, overall fee increases and the feasibility of 12-month invalidity trials topped the agenda at yesterday’s virtual town hall meeting held by the USPTO

USPTO director David Kappos, deputy director Teresa Stanek Rea, commissioner for patents Peggy Focarino , general counsel Bernard Knight and BPAI chief administrative patent judge James Smith addressed questions emailed in by users.

Smith revealed that the Office has already hired about 25 judges for the new Patent Trial and Appeal Board. It’s been a “robust and aggressive hiring process and we’re amazed and pleased at the calibre of candidates”, said Smith.

Another dozen judges should be fully approved and hired before the end of this month, and about 50 will be through the hiring process by the end of March. “That is the main thing we can do to address the backlog – have the human resources to decide the cases,” Smith added.

Asked how the Board plans to dispose of trial proceedings (post grant and inter partes review) within the one year time frame outlined by the America...



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