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 A. Toole

US 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)

US 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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