Thread by @Judith_IP

I'm listening to the @USPTO Business Method Partnership Meeting (the 16th event). Anyone interested in a live tweeting?

Go to uspto.gov/patent/cpm to get all the partnership data for the various technology areas. This these all the Business Methods groups.

Social networkings, planning is included under business processing.

Business cryptography is the group that has bitcoin & other electronic currencies.

They have 450 examiners and 36 supervisors, just in business methods, and they are growing. They consider the area to continue growing. Top assignees are IBM, Mastercard, Walmart, Microsoft.

If you an RCE that has had a long pendency, contact the art unit supervisor. They are looking at decreasing pendency, so they really don't want those RCEs hanging out for too long.

PTAB mostly affirms this art unit (and a lot of decisions, in 2018 there were about 1800) with an affirmance rate (mostly on 101) of nearly 90%.

Their allowance rate is around 30% for 2018 (from 11% in 2016).

Examiner Training is something that they do, and if you're looking to train Examiners, contact the business unit.

[This is a fantastic idea, especially if you are doing something new and interesting, that you think Examiners wont understand.]

Examiner interviews are really productive. There are interview specialists to allow you to test out the interviewing interface with a “mock interview.” [e-mail]

A swap to the Texas office to discuss quality, but sadly the quality of audio is so low it's hard for me to understand. @USPTO #BusinessMethodsUSPTO

Managers are reviewing the older applications with long pendency to resolve them. They also had some extremely old RCEs, which they are reviewing to dispose of them.

Examiners are given an additional bank of hours to address 101 arguments & receive training. #USPTOBusinessMethod

Two attorneys from @BlankRomeLLP present on #Blockchain claiming. We get a short technical summary, slides attached. Then talk about the claim drafting issues, including divided infringement (user, manager, miner all part of a standard descriptive claim for blockchains.)

Because there isn't either direction or joint enterprise between the user and the miner, under Akamai standard, no one could infringe a claim which recites steps taken by the user and an un-related miner. #Blockchain

There is also the issue of extraterritoriality. Method claims requires all steps to be performed within the US, in accordance with NTP v. Research in Motion. #Blockchain

For #Blockchain, system claims are much more likely to work than method claims, based on the "benefit" analysis of NTP.

We're back after lunch! Did you know that the USPTO had 12,579 employees, of which 8,185 are patent examiners? (579 are trademark examiners)

The @USPTO works with pro bono service providers in each state (eligibility is income below 300% of poverty level).

If you are an inventor with low income, you can take advantage of these, or of Law School Clinics which are certified to provide pro bono services.

Also take advantage of Patent and Trademark Resource Centers (#PTRC) which provide terminals that provide access to the same tools examiners use. A full list here: uspto.gov/learning-and-r… #SiliconValley's PTRC is at the Dr. Martin Luther King Jr. Library in San Jose.

The number of interviews have been going up, and examiners now spend an average of 32 hours/year. Examiners do get non-production time to do interviews. In a subgroup 34% of applications disposed of have had an interview. Use AIR.

Also, video conference if you have demos.

AIR requests for interviews are really useful: uspto.gov/patent/uspto-a… Examiners are supposed to confirm/follow up within a day, but requester has to follow up if they don't hear from the Examiner.

I'm 0 for 5 on AIR request responses in the past two weeks.

In response to QA: Examiners don't use encrypted email. (And neither does anyone else because the UI stinks.) This is why you need to file an Internet Authorization form to communicate via email, acknowledging that the Internet is not secure & data is being sent unencrypted.

After Final interviews depend on "how much work it is for the examiner." The prosecution is closed, so the Examiner is not getting points. Typically they get one hour for the interview. AFCP program gives the Examiner up to 3 total hours (1h interview, 2h to eval. amendment).

If you use an AIR form, you can use the text form to request a Supervisor. (But remember that you should confirm this via call).

Back after a break (this is the last session, covering subject matter eligibility). New Eligibility Guidance (aka the 2019 PEG) revises Step 2A. Step 1 (statutory categories), streamlined analysis, and Step 2B remained the same.

Step 2A: claim is eligible unless it recites a judicial exception AND exception is not integrated into a practical application. The abstract ideas are enumerated, and are the usual (you will see mathematical concepts, mental processes, methods of organizing human activity.)

Step 2A, prong two: "merely using a computer as a tool to perform an abstract idea" is not sufficient.

The "well-understood, routine, and conventional activity" is NOT considered in Step 2A. So application need not be separately novel.

It is possible for the Examiner to go beyond the scope of the abstract ideas listed, but it requires TC Director approval.

The "transformation" exception is a "physical transformation," and the USPTO position has not changed on this under the new guidance.

Q&A: If the Examiner doesn't properly apply the current guidance, what are our options? Call the Examiner, and ask them to reconsider under the new guidelines, because training was recent & the OA may have been prepped before the training.

Actual final topic: patent examination quality, from Martin Rater, Chief Statistician for Patent Quality. The Office of Quality Review reviews a "continuous sampling of applications" so compliance is monitored with new guidance.

14,000 reviews each year, by senior examiners. Frequent filers (6+ applications in queue) get surveys. They are closely monitored.

In 2017 'quality' definition was changed to review for statutory compliance, and omitted rejections (claims not addressed).

Frequency of rejections: the vast majority are 103 rejections. This is across all art units though.

Do you agree with these customer perceptions?

I think I'm in the "it's OK" category, which is between these two categories, along with something like 40% of other people working with the @USPTO.

Tech training is a big deal, and if you have a new technology you should consider spending some time setting up a training for Examiners.

The USPTO also offers training to inventors/companies.

Thank you for letting me pollute your Twitter stream for the day.

If enough people like this, I might do more live tweets of similar programs.

For those of you who don't want to go go back, this is the thread: threadreaderapp.com/thread/1113087…