USPTO Patent Prosecution and Examiner Performance Appraisal

19 Pages Posted: 1 Jul 2017

See all articles by Alan C. Marco

Alan C. Marco

Georgia Institute of Technology - School of Public Policy

Andrew Toole

United States Patent and Trademark Office

Richard Miller

United States Patent and Trademark Office

Jesse Frumkin

United States Patent and Trademark Office

Date Written: June 1, 2017

Abstract

Patent examination is a complex and information-intensive process. For researchers and policy analysts studying this process, it is important to have a basic understanding of how patents typically proceed through examination and how the behaviour and incentives facing examiners might influence (or be influenced by) this process. This document provides a simplified overview of the patent examination process and the Performance and Appraisal Plan (PAP) for patent examiners. As the title indicates, this is a primer that provides a researcher-friendly introduction. Additional references are provided throughout the document to direct readers to more authoritative and detailed sources of information on each of the topics covered.

Keywords: USPTO, patent examination, examiner incentives

JEL Classification: J33, M52, O31

Suggested Citation

Marco, Alan C. and Toole, Andrew A and Miller, Richard and Frumkin, Jesse, USPTO Patent Prosecution and Examiner Performance Appraisal (June 1, 2017). USPTO Economic Working Paper No. 2017-08, Available at SSRN: https://ssrn.com/abstract=2995674 or http://dx.doi.org/10.2139/ssrn.2995674

Alan C. Marco

Georgia Institute of Technology - School of Public Policy ( email )

685 Cherry St.
Atlanta, GA 30332-0345
United States

Andrew A Toole (Contact Author)

United States Patent and Trademark Office ( email )

Alexandria
VA 22313-1451
United States

Richard Miller

United States Patent and Trademark Office ( email )

Alexandria
VA 22313-1451
United States

Jesse Frumkin

United States Patent and Trademark Office ( email )

Alexandria
VA 22313-1451
United States

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