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Update from Chief Administrative Patent Judge on PTAB Hiring and Backlog Management

On February 20, 2013, Chief Administrative Patent Judge James Donald Smith provided insights into PTAB hiring and operational effectiveness. Since October 2011, nearly 1,200 applicant records were reviewed, resulting in the selection of 80 highly qualified judges, raising the count to 163. Despite a growth in backlog, recent months showed more decisions were issued than new appeals received. Collaboration with examiners and improvements in decision documentation aim to enhance efficiency. Hiring continues for an additional 60 judges in FY2013 to maintain progress.

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Update from Chief Administrative Patent Judge on PTAB Hiring and Backlog Management

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  1. McDermott Will & EmeryRoundtable James Donald Smith Chief Administrative Patent Judge Patent Trial and Appeal Board 02/20/2013

  2. Hiring • Since October 2011 • Reviewed nearly 1,200 applicant records • Interviewed nearly 200 candidates • Selected 80 highly qualified candidates to become new Judges • We stand at 163 Judges as of January 28, 2013. • Opportunities at Detroit/Denver/Dallas/Silicon Valley Satellite Offices • Selecting candidates from previous postings now • New advertisements have been posted • Goal for FY2013- add 60 judges.

  3. Board Hiring • Selectees have come from the following: • USPTO Patent Examining Corps, Office of the General Counsel, and the PTAB • International Trade Commission and Department of Justice • Private Practice (solo to huge) • All types of industries

  4. Members of the Board (as of 01/28/2013)

  5. Board Backlog • Growth of the Backlog has been halted: • Overall, for the last 4 months, more decisions issued than new appeals received • Encouraging (for now) • Benefiting from numerous factors • Successful hiring in FY2012 that needs to continue in FY2013 • Somewhat lower end-of-year intake for FY2012 and beginning of FY 2013 • Extraordinary efforts by current Judges • Trend can still be reversed if ex parte appeal intake and AIA intake grow faster than new hires

  6. Board Backlog

  7. PTAB Receipts and DispositionsPast Month

  8. PTAB Receipts and DispositionsWeekly: 01/09/2013 through 02/13/2013

  9. Monthly Receipts and Dispositions – New Judge Comparison

  10. Monthly Receipts and Dispositions – New Judge Comparison

  11. Decisions by Type: FY2013

  12. Decisions Adopting Persuasive Arguments Made in the Record • Allow the Board to issue decisions based on arguments presented by Examiners or Appellants • Shorter decisions; disposed sooner; sometimes designated “Per Curiam” • Arguments of record must sufficiently explain the decision • Working with the offices of the Under-Secretary and Solicitor, the rules were finalized

  13. “Per Curiam” ShortDecisionsas of 12/04/2012

  14. Outcomes at the Federal Circuit

  15. Patent Corps Collaboration • Continuing to explore collaboration opportunities • Additional Examiner interviews during prosecution • Additional Examiner review of after-final amendments before coming to the Board (on-going)

  16. Published Opinions • Committee established to increase designation of precedential and informative decisions • Also will post informative orders from AIA proceedings • Looking at optimizing manner of posting on site

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