In just over two weeks, the first satellite office of the USPTO will open in Detroit, Michigan, with 25 examiners scheduled to start work on Monday, July 16 – but what does that mean to patent owners and practitioners? Managing IP answers some key questions.
How many examiners will be located in Detroit?
The USPTO has hired 100 examiners for the new office, who will begin working in groups of 25. The first group will start on July 16, with the next 25 starting two months later, and so on.
What are their credentials?
All of the examiners in Detroit have IP experience. Some are former examiners, while others have been practising in law firms. All have at least one year of patent prosecution experience. “It’s a total paradigm shift for us to be able to start this effort with employees who have intimate knowledge of the Office,” USPTO commissioner for patents Peggy Focarino told Managing IP.
Will Detroit examiners be eligible for the USPTO’s telework programme?
Yes, but – as of now - not for two years. However, that could change. “That threshold for eligibility could change for people who have experience – they may be able to work remotely sooner,” said Focarino.
What kinds of applications will Detroit examiners handle?
The Detroit office will handle only electrical and mechanical patent applications. “The reason for that is because of filing trends in different areas,” said Focarino. “The lowest growth area overall is in the chemical area. It’s not where the greatest need is.”
But that isn’t set in stone either. “The projection is that all 100 examiners will be electrical and mechanical, but that could change. We always look at what’s happening and adjust hiring as necessary,” said Focarino.
Will applicants be able to file directly with the Detroit office?
No. all applications will be filed through the main Alexandria office as usual and randomly allocated to Detroit examiners. This means that Detroit area applicants still can’t necessarily count on meeting in person with the examiner handling their case. “However, there will be a public search facility present in Detroit for prior art searches and an interview room with video conferencing equipment to collaborate with examiners in Alexandria or Detroit, or remotely,” said Focarino.
How many Administrative Law Judges will be based in Detroit?
There will be 11 ALJs in Detroit by the end of July. That is up from the projected six the USPTO initially planned to hire. “The response to the vacancy announcement was overwhelming,” said Focarino.
Who will be in charge in Detroit?
Long-time supervisory patent examiner Robin Evans will oversee administrative operations in Detroit. However, examiners will be trained and managed by SPEs in Alexandria, and of course still report to Focarino and Kappos.
How will training be conducted?
“There will be on-site management and training, but also virtual connection with the supervisors in Alexandria,” said Focarino. Much of the training will be done via webcasts from Alexandria. “We piloted this concept last year with a new group of examiners located in a building adjacent to the main building to see how it would work and we learned a lot from that experience,” said Focarino, who added that she will also be travelling as often as possible to Detroit. “We want to have a regular presence to maintain that organisational culture. We might bring the examiners here as well to introduce them.”
Will the model be the same for the next two satellite offices?
Not necessarily. Depending on the location, there may be fewer or more examiners and they may specialise in different art units. “This is a great opportunity,” said Focarino. “We’re on a tight timeline [the next two offices have to be established by 2013 and 2014 respectively], but now that we have experience with starting up an office we have total confidence that we can meet the deadlines.”
So - where will the next one be?
More than 600 comments have been submitted with suggestions for the remaining two offices. California received the most votes, but the cost of establishing and running an office there would likely be too much for the USPTO’s budget. Other popular suggestions include Colorado, Idaho, Georgia, New Mexico, Texas and Massachusetts. Focarino said the Office should announce its decision by the end of June or beginning of July.
The full interview with Focarino will be published in Managing IP’s July/August issue. Managing IP will also be attending and reporting on the Detroit office opening on July 13.
