Post #20: USPTO Takes action to reduce RCE Backlog

http://www.patentlyo.com/patent/2013/03/uspto-takes-action-to-reduce-rce-backlog.html
http://www.ipwatchdog.com/2013/02/20/will-the-uspto-outreach-fix-the-rce-backlog/id=35472/

The backlogs for RCE, requests for continued examination, are growing dramatically in the USPTO. While our class focuses on the ITC, I am sure there is a similar phenomenon happening in there as well. The chart above, from patentlyo, is the # of backlog RCE filings that have not received a first action. There is a drop rate in the # of RCEs being examined. The increase of RCE filings, along with the drop rate in  examinations, has resulted in the increase of the backlog.  There is a caveat, albeit small, in the docketing, quota, and count systems for examiners.

Also interesting is there is a dip in backlogs in September, which is when most examiners are trying to reach their end of year numbers. THE USPTO has recognized this issue and has reverted to the old system to give more credits for RCE backlogs, hoping to incentivize examiners to process these backlogs.

There is pressure to do this since overall allowance rate is up in the Obama administration compared to Bush era. A while back, patent examiners would take 2 or 3 months to pick up a RCE. Now the wait is one or two years. Some RCEs can take up to 4 or more years. This is because RCEs are placed on a special docket for examiners, some of which only do 12 RCEs a year. 

On the flip side, it would exceeding difficult to remove RCEs all together. Reducing RCEs as well is a challenge because allowing RCEs is a necessary function of the patent system. People will always be unsure if the examiner considered their patent fairly. However, many believe reverting to the old method will help reduce RCEs because examiners will have a greater incentive to complete more RCEs.

Definitely and interesting bit of patent knowledge I did not know.