The USPTO Is Changing Course. The Early Examination Data Tells a More Complicated Story.

About this episode

Eli Mazour and guests analyze the implications of recent USPTO changes on patent prosecution through examination data.

Eli Mazour is joined by Juristat’s Francesca Cruz and patent attorney Clint Mehall to look at what the examination data actually says about recent USPTO changes. The conversation moves past anecdotes to analyze how new examiner performance appraisal plan (PAP), new Section 101 guidance, and the end of the AFCP program are affecting day-to-day patent prosecution. The guests discuss a new framework for examiner seniority based on "At-Bats"—the total number of applications an examiner has handled—rather than just years at the Office. The data reveals surprising trends in office action consistency and why mid-level examiners might be more difficult than juniors. The discussion also covers the measurable decline in after-final allowances, why practitioners are defaulting to RCEs, and whether new guidance is actually moving the needle on Section 101 rejections in difficult art units. Chapters: 00:00 - Introduction 03:00 - What Practitioners are Hearing: An "Incredible Year of Change" 04:39 - Examiner Morale and the New Performance Appraisal Plan 06:24 - Redefining Seniority: Measuring "At-Bats" vs. Tenure 12:07 - Data Reveal: Junior vs. Senior Behavioral Trends 15:47 - The "Confidence…

People in this episode

Host: Eli Mazour

Guests: Francesca Cruz, Clint Mehall

Topics covered

• USPTO changes
• patent prosecution
• examiner performance
• Section 101 guidance
• RCEs
• office action consistency

Keywords

• examiner performance appraisal plan
• patent prosecution
• after-final allowances
• RCEs
• Section 101 rejections
• examiner seniority
• office action consistency

Mentioned in this episode

Organizations: USPTO, Juristat

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