The Results Are In: Patent Quality Can Improve

The Government Accountability Office (GAO) released two reports on the Patent & Trademark Office (PTO) recently, including one on patent quality and clarity. As to such report, the GAO recommends that the PTO:

1. Develop a consistent definition of patent quality, and clearly articulate this definition in agency documents and other guidance.
2. Develop measurable, quantifiable goals and performance indicators related to patent quality as part of the agency’s strategic plan.
3. Analyze the time examiners need to perform a thorough patent examination.
4. Analyze how current performance incentives affect the extent to which examiners perform thorough examinations of patent applications.
5. Establish a process to provide data on the results of the Patent Trial and Appeal Board (PTAB) proceedings to managers and staff in the USPTO’s Technology Centers, and analyze PTAB data for trends in patent quality issues to identify whether additional training, guidance, or other actions are needed to address trends.
6. Evaluate the effects of compact prosecution and other agency application and examination policies on patent quality.
7. Consider whether to require patent applicants to include claim clarity tools—such as a glossary of terms, a check box to signal functional claim language, or claim charts—in each patent application.

Read the full report for yourself, here.