As a Patent Agent, the work product coming out of the U.S. Patent and Trademark Office (USPTO) seemed random to me. This article shares what I learned as a USPTO Patent Examiner that lifted the veil and shed light on that randomness. As a Patent Examiner I learned a powerful lesson: the approach that a Patent Examiner takes in interpreting claim language is learned by “on the job” training while working with USPTO trainers and other experienced USPTO examiners. The USPTO does not give new Patent Examiners detailed training on how to interpret claim language. Understanding the unique lens through which each examiner is viewing the application and prior art is critical to working effectively with Patent Examiners. Some Examiners interpret very broadly and allow fewer applications, while other examiners interpret more narrowly and allow more applications.
Recent Posts
- Former USPTO Solicitor Urges Squires Confirmation, Accuses Acting Director of Overreach
- Other Barks & Bites for Friday, September 12: Novartis Loses Challenge to IRA Drug Price Negotiation Program; Lutnick Wants a Share of University IP Licensing; and EUIPO Announces First Copyright Conference
- Government Taking a Cut of University Royalties Would Threaten Bayh-Dole’s ROI
- Conservatives Appeal to Lutnick’s Inventor Roots in Urging Him to Drop ‘Patent Tax’ Proposal
- PTAB Turbulence: A Good Time to be a Patent Owner