Blind dating 2016 poster

15 May

The supervisors in the Art Units and Directors in TC 3600 are exemplary employees and would love to issue patents if only they could.

The patent examiners are speaking out of turn and blaming their supervisors without justification for their own actions. If I were one of the patent examiners in the E-commerce Art Units being forced by supervisors to issue bogus rejections I’d think long and hard about coming forward.

The stories of examiners being told to reject at all cost are legion in the software space.

The Patent Office fluffs this off as “anecdotal evidence,” but that simply isn’t true.

The Patent Office seems to be turning a blind eye to the fundamental mistreatment of applicants in TC 3600. First, at least one applicant is going to need to file a writ of mandamus in the Eastern District of Virginia in order to bring the power of the federal judiciary to bear to expose what is happening.

Whether successful or not, a mandamus will shed much needed light on the practices of the USPTO, and anyone familiar with the Eastern District of Virginia knows they are likely to take an extremely dim view of these types of extraordinary procedural hurdles the frustrate applicant rights and prevent judicial review.

The reopening of cases to issue rejections after a complete reversal by the PTAB is perhaps among the most persuasive evidence that TC 3600 has a reject at all costs policy. The reopening of cases after a complete reversal is just a part of the overall scheme in place in TC 3600.

Supervisors not only won’t authorize the issuance of the patent, but they will reopen prosecution even after a successful appeal to make sure a patent does not issue.

Others have requested transfers out to other areas of the Patent Office that do not operate in the same Banana Republic fashion.If these statistics, together with the systematic reopening of prosecution when an examiner has been completely reversed by the PTAB, does not warrant an immediate investigation by the Commerce Department Inspector General then why exactly do we have an Inspector General?These are Art Units make a practice of issuing frivolous rejections, as evidenced by the number of times examiners are reversed by the PTAB.Second, one or more whistleblowing patent examiners will need to come forward and explain what is being said behind closed doors.To put the magnitude of the problem into context, so far in 2016 the overall allowance rate for the E-commerce Art Units in TC 3600 is 11.2%, with Art Unit 3689 having an allowance rate of 1.3%. If these statistics are not eye opening then nothing can ever open your eyes.