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Intellectual Property Law

: Just a Patent Examiner

More News From Management

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A couple of weeks ago, the Corps received some more info on the State of the Office, and how the current economic problems are impacting us.

Some highlights:

At the current rate of patent filings, the Office will end the year down 2% from FY 2008 levels. Not good, since the Office budgeted based on an assumption that filings would rise by 5%.

Overall, patent fees as a whole (filing fees, maintenance fees, extensions of time, etc.) are projected to fall approximately $100 million short of the budgeted amount.

Based on the Office's feedback from U.S. filers and international offices, the fall in filings and fee collections will likely accelerate.

Trademark filings are down by 13% in FY 2009, but given the current budget surplus in the Trademark budget, this is less of a concern (although a continuation of this trend into FY 2010 would be a problem).


The actions the Office has taken:

Patent hiring has been suspended, although outstanding offers are being honored. Agency-wide, only critical positions are being filled.

"Many non-negotiated awards have been curtailed or suspended and will be reevaluated s the year progresses." I assume that this generally shouldn't affect examiners given the work of POPA.

"All non-production, non-revenue generating overtime has been suspended. Overtime that is revenue producing has been limited." Overtime in TCs 1600, 1700, 2800, 2900, 3600, 3700, and 4100 will be limited to 10 hours per biweek. Overtime in TCs 2100, 2400 and 2600 (which have the larger backlogs) will be limited to 32 hours per biweek.

Starting on Sunday, April 12th, 2009, HVAC services will not be provided on Sundays throughout campus. Previously, HVAC was provided in the Randolph, Remsen, Knox and Jefferson buildings on Sundays, where the bulk of the examiners have their offices.

Funding for Travel, Training, Office Supplies, Contracts and Events have all been curtailed.

Funding for the Legal and Technical Studies program (Law School) has been suspended, as of March 16th.

Funding for the After Work Education Program has been suspended as of March 20th.

No big surprises, really. It will be interesting (well, that's one word for it) to see where this leads. Given the current state of the Office's backlog, I really have to wonder if RIFs are a realistic option.

I also have to wonder if the downward trend in filings might make people/companies take a step back and reevaluate their patenting strategies (which in the past seems to have been 'patent everything'), even after the economic situation improves.

Full post as published by Just a Patent Examiner on April 29, 2009 (boomark / email).

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