USPTO trying to cut patent pendency, says Andrei Iancu

The US Patent and Trademark Office (USPTO) has outlined targets to reduce the time it takes to process patent applications, Andrei Iancu, director of the USPTO, has said.

Addressing a Senate panel yesterday, Iancu said that the average time for first action pendency on patent applications has reduced from just under 26 months in January 2009 to a current level of 15.7 months.

Iancu said the goal is to reduce this number to less than 15 months by the end of fiscal year 2019.

Average total pendency has also fallen from 33.8 months in January 2009 to a current level of 24.3 months, with a target of reducing that to less than 24 months.

“Of critical importance is that we examine patent applications within the statutory patent term adjustment timeframes,” said Iancu.

Another area of focus for the office is ensuring the quality of patents, something that Iancu describes as a joint responsibility between the applicant and the USPTO.

“For example, we recently identified attributes that examiners feel are integral to a patent application filing—such as clarity in the claims, among other attributes—and that enhance the ability of examiners to effectively and efficiently examine an application.”

Iancu explained that this information was shared with applicants and stakeholders as part of the discussion on patent quality.

He said that the office will continue to work on improvements to standards and processes in the America Invents Act (AIA).

Iancu highlighted that a Chamber of Commerce study pointed towards post-grant proceedings at the USPTO’s Patent and Trial Appeal Board as contributing to a drop in the US patent system in the Chamber’s annual rankings, while he said others support the proceedings.

“This is another critical area on which I plan to focus time and engage stakeholders to ensure that the office’s review in these proceedings is consistent with the intent of AIA, and the overall goals of predictable, high-quality patent rights,” explained Iancu.

“We continue to assess potential improvement to the AIA trial standards and processes,” he said.

Issues that Iancu and his team will focus on include the institution decision, claim construction, the amendment process, and the conduct of hearings.