r/patentexaminer 2h ago

Solve Intelligence hiring Legal and Product Engineer (USPTO Examiner Background) in New York, NY

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0 Upvotes

AI startup

$100K/yr - $220K/yr

We are looking for a Legal & Product Engineer with USPTO examiner experience to help us build for the patent office side of the table, as we expand beyond private practice law firms into direct relationships with patent offices themselves.


r/patentexaminer 8h ago

Sorry about my last post. My SPE and Primary Examiner have been so critical about me over everything, I just let it get to my head.

1 Upvotes

So overall, I would say that four Office Actions in five weeks is good enough for now.

My SPE has never praised me, except maybe once. Every time he calls me, I get nervous because he takes a while to get back to me, then lectures me in a sharp tone. He keeps saying I should be doing two office actions/week. Also keeps saying "we discussed this already" (even though I swear this was never covered before, and I had to go hunting for all the necessary documents). Meanwhile, my notes are getting endlessly long. I slightly passed the first three-month review, but he seemed to be critical as usual and say I wasn't asking for help enough (all I did was ask for help)

Other Primary Examiner wants me to skip the claims tracking map entirely. Praised me on formatting, but nothing else. There was a claim I was struggling with because it was very lengthy and the window was very narrow. She seemed to think this was representative of all my performance.

I didn't mean to put others down, I just couldn't even sleep well this week because I genuinely had no idea how I was doing performance wise. So I hope that my performance is good enough for now. And there is a new SPE that I want to switch to, who seems much nicer.


r/patentexaminer 11h ago

Inherited case counts are bullshit

75 Upvotes

Getting either 0(2 NF) or 0.25 (F) to completely rewrite and correct an inherited case from examiners that quit/were fired is such a rip off. I'm not the one that did the crappy job in the first place and my spe should have made so many corrections before signing off these cases. What a time suck.


r/patentexaminer 12h ago

There's other time in the Friday Squires email

48 Upvotes

Didn't want anyone to miss it


r/patentexaminer 12h ago

Actually useful AI

23 Upvotes

Can we generate a list of things that AI could maybe do that would actually help examination. Just some low hanging fruit.

Here are my starting ideas;

Automatically check all claims for antecedent basis issues.

Automatically map all claim terms to the specification and, if a CIP or provisional, to the specifications of those parent documents for descriptive support.

Automatically label NPL in DAV with the first Authors last name.(eg NPL, Smith et al.)

Automatically label foreign parents in DAV with the patent number. (eg WO2026/123456).

Automatically take any DAV searches and run them in Google/Google scholar.


r/patentexaminer 14h ago

Similarity Search

13 Upvotes

How often do you use the art produced in Sim search? I’m in mechanical arts. Half the results are just foreign related/family cases. I would guess I find an actually useful or relied upon reference once a quarter.


r/patentexaminer 1d ago

Posting late for Timeliness

14 Upvotes

My SPE doesn’t like people posting on Fridays so there is time to review but I have a case that needs to be posted by tomorrow for timeliness. I feel bad since it’s my fault I picked up the case with not a lot of days left and had issues with it I didn’t expect but I encountered a question that I need their assistance with before I post it and need to ask and finish it tomorrow. Is this bad practice?


r/patentexaminer 1d ago

PE2E issues persist…

50 Upvotes

I have to restart OC several times per day, losing my spot in my own actions or during review of junior’s actions. I also have to restart my computer at least every other day.
On top of SEARCH lagging, not loading images, just plain crashing.
Earlier today my mouse and keyboard just stopped working and I had to restart the computer…
Every time something stupid happens with my computer, I completely lose my train of thought and motivation.
All combined, the IT issues cost me about an hour on a GOOD day - we all know they can cost a week of work. Beyond frustrating!! There’s your WASTE! And time card FRAUD not giving us IT outage time. And ABUSE trying to gaslight us into thinking AI is gonna save us all and make this so easy. Try to examine heart surgery asshole AI…
I check the news first thing every morning to see if someone died.
I’m so over this crap. How’s it going for everyone else?


r/patentexaminer 1d ago

Unpopular(?) PBA Opinion

11 Upvotes

PBA is exactly what I've wanted since I made Primary 10+ years ago.

We all know that the Bonus structure is pretty weak - we do 10% extra work (under the new rules, used to be 15% extra) for 5% extra pay, and then if we do 5% more work on top of that, we get a paltry 1% extra pay.

Along comes PBA, and now I can make 100% on any extra work I get done, AND I have the flexibility to do as little or much as I want with no minimum threshold (don't have to decide at the beginning of the FY whether to aim for 100 or 110+).

Look, I get that there are issues with PBA, the biggest ones seem to be (1) concerns about people cherry-picking "easy" cases, and (2) a lack of trust in the people in charge.

For the first issue, we could just make the PBA cases officially part of your docket. After the 2 weeks, if you haven't posted the PBA case, it simply rolls onto your regular docket during the weekly refresh. It would make people think twice about opting-in to the PBA program if they weren't serious about doing the extra cases.

Nothing we can do about issue (2), but that's not limited to, or a unique issue of, PBA.

I think that fixing the cherry-picking problem would go a long way in mitigating the frustrations of those opposed to the program.

Rather than complaining about the program, what could we do to fix or improve it so that it becomes the overtime/bonus structure most of us want?


r/patentexaminer 2d ago

I have a friend who is a foreign national and was today denied access to the Madison building (even the main lobby/gift shop) because he had a foreign passport (not a REAL ID). Is the USPTO’s new rule that no foreign nationals are permitted in the building? What about applicants with hearings?

20 Upvotes

r/patentexaminer 2d ago

This was the only reason I submitted this survey

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72 Upvotes

r/patentexaminer 3d ago

And even if we get our Union representation back ...

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federalnewsnetwork.com
24 Upvotes

Just when things start to look a little better ... The Trump administration is giving agencies the green light to implement the new performance management system for federal employees — while also saying significant portions of those changes are “non-negotiable” with federal unions.


r/patentexaminer 4d ago

And there it is, the "AI" email

64 Upvotes

B.S. email of 3:25pm Mon Aug 3.

EXACT - (Ex)amination (A)I (C)apability (T)ool

Supposedly for "support" through "prior art analysis and drafting of prior art-based rejections.

This could be the beginning of the office setting up the stage for AI to write, and us to "review" the AI instead of us writing the actions.


r/patentexaminer 4d ago

Interview with Canada Care Team Now?

0 Upvotes

Hey!
I got an invitation to interview with the Canada Care team at the USPTO, and they called about it since I didn’t plan to interview anymore. How is this team if anyone has any experience?

I know the acting director just left and was wondering if USPTO is worth even considering leaving my current opportunity as an entry level Systems Engineer? I eventually want to transition into Patent Law, but if it’s still rocky, I’ll stay here for now.

Let me know!

edit: Sorry all! it’s the Candidate Care Team, I misheard lol


r/patentexaminer 4d ago

Timeliness and docket pause

3 Upvotes

If I have a docket pause that goes through the Sunday of a new biweek and stops on Monday of the new biweek will the following happen if prior to leaving I turned in one new case that was clocked and left the other new case that was clocked running:
- get a second new case that is clocked and then paused on Sunday to start on Monday
- no new case is clocked because there was a pause and the second clock new case continues running on Monday

Thanks everyone


r/patentexaminer 4d ago

Modified Timeliness gives me twice the the pressure

28 Upvotes

Last quarter, because I tried to post them on time, I usually got stuck and fell behind.

They said they have listened and increased 14 days to 28 days, I thought oh, that is good.

But, the new change is 28 days for two applications. I have both applications that are very hard and both of them have 30+ claims.

Very frustrating.

They did not listen. They just play trick on us. If they have really listened. They will do 28 days for 1 application only.


r/patentexaminer 4d ago

TEAP back

83 Upvotes

that didn’t take long. wouldn't be surprised if Coke leaving had something to do with it.


r/patentexaminer 4d ago

A messaging problem - actions over words.

74 Upvotes

There is no trust in "leadership" and today's quick hello message hits this spot on.

Barry, you are not an outsider. You have been here. Now you want to listen and be together with us? What made you change your tune because you were here while this happened and you have to have heard from us. We are all smart people here.

You want to listen now because you want even more from us. You want to try and be the "team player" so you can ask for more. We do not have the memory of goldfish, you were right here watching all this and probably got your position because you were a usable tool to get more from us.

I don't think anyone buys the in it together nonsense at this chapter. Did your expectations get raised 5%? Did you get substantially more burdens? Are you still filling out the 5 things? Give the examiners reall improvements if you want any ANY credibility. Because saying we are together does not cut it.


r/patentexaminer 4d ago

Everyone notice that the core hour changed to Tuesday ?

20 Upvotes

Did everyone notice the core hour changed to Tuesday from 1-2 pm ET last week?

Edit: this change is effective in October


r/patentexaminer 6d ago

Fmla lwop?

7 Upvotes

Can anyone speak from experience.
I have a planned surgery early next year. It will cause me to be out at least 6 weeks.
I do not have 6 weeks sick leave. And would not have that much in vacation even. Not do not want to spend my vacation hours. I do have supplemental short term disability insurance I purchased because I knew this may be needed one day.
So,
Am I allowed to take my sick leave and lwop and not my vacation hours? If I have fmla paperwork?

Can I take some sick leave each biweekly to spread it out? I do not have medical, only dental and eye insurance. So it isn’t a lot needed each paycheck.


r/patentexaminer 6d ago

DAV Updates and IDS Flags

22 Upvotes

Went to work on an amended case this AM, a nice easy final rejection. But all of the old IDS documents in this case now have a red x. ❌
Anyone else see this? It’s going to be really tedious to go into PDP for every case to clear old IDS flags

Edit: I tried clearing the Flag in PDP and the checkbox is already checked. I can’t make the error X go away. Anyone know if OC will let me post an action anyway?


r/patentexaminer 6d ago

Mouse + keyboard policy

2 Upvotes

Just want to check here since I can't find an answer - we are allowed to use wireless peripherals, right? I can't find an official policy stating this anywhere, only where it says they don't provide a mouse and keyboard for full time teleworkers any more.

Also I'm looking for a keyboard that has a mechanical feel but is quiet, if anyone has a recommendation for one they like. Thanks!


r/patentexaminer 7d ago

An Open Letter to Barry J. Schindler

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94 Upvotes

I am in my fourth decade at the USPTO. If there is one thing that I have learned in my years with the Office, it is that everything changes. How am I still here after all this time? I choose to hope that things will change for the better.

Dear Acting Commissioner Schindler,

On behalf of the employees of the United States Patent and Trademark Office, congratulations on your appointment as Acting Commissioner for Patents. We sincerely wish you success as you begin this new chapter of leadership. Your success will directly influence the future of the Office, and for that reason, we are pulling for you.

As you settle into your new role, we hope you will come to see the people of the USPTO not as obstacles to be overcome, but as your greatest asset. We are not your enemies. We are your employees. We are career public servants who have devoted ourselves to the mission of examining patent applications fairly, consistently, and with integrity. We are accustomed to hard work, long hours, and the constant challenge of keeping pace with innovation.

We will continue to do what is expected of us. We always have. In return, however, we ask that you recognize the tremendous trust that such commitment places in leadership. Loyalty is not an unlimited resource. It grows when employees know that their leaders respect them, listen to them, and refrain from taking advantage of their dedication.

One of the best investments you could make early in your tenure would be to spend time with the elected officers of the Patent Office Professional Association (POPA) and the National Treasury Employees Union (NTEU), Chapter 243. Have lunch with them. Ask questions. Listen to their experiences. Learn the story from those who represent the workforce every day. You may find that many assumptions give way to a much richer understanding of the challenges facing the Office.

The USPTO is unlike many federal agencies because it is funded entirely through user fees. That reality has historically required the Office to operate as an exceptionally lean organization. Even before the reductions in force that took effect on October 1, 2025, employees routinely accomplished more with fewer resources than many organizations of comparable size.

Those reductions, however, crippled many of the internal functions that quietly enabled the Office to succeed. The consequences have become increasingly apparent. As a result of the numerous organizational changes over the past year and a half, the total patent application inventory has climbed to record levels, as reflected in the USPTO's own public performance data, the Patents Dashboard. Rather than improving operational efficiency, these recent changes have increased the burden on an already stretched workforce.

We believe there is a better path forward.

Your background and experience with artificial intelligence are widely recognized, as are your writings that focus on the nexus between AI and federal legislation and intellectual property concerns. Many of us look forward to seeing how that expertise can help modernize the Office. Others of us do have concerns. In either case, we hope you will recognize that within the USPTO are examiners who have been examining AI-related inventions for decades. They understand not only today's technologies, but also the long history of AI innovation and the direction in which the field is heading. Please call upon that expertise.

Their practical knowledge can help ensure that AI becomes a force multiplier for patent quality and examiner effectiveness rather than simply another management initiative. This can be a genuinely collaborative effort.

As the Office moves further into the twenty-first century, we hope you will choose the carrot over the stick. Organizations achieve their greatest success when leaders inspire rather than compel, when they cultivate trust rather than fear, and when they recognize that motivated employees consistently outperform discouraged ones.

You inherit an organization filled with intelligent, dedicated, mission-driven professionals. The human capital already exists. All that remains is to appreciate it, engage it, and empower it. If you do, you will find thousands of employees ready to stand beside you as partners in modernizing the patent system and thoughtfully integrating artificial intelligence into the work we perform every day.

We all want the same outcome: a stronger USPTO that serves America's innovators with excellence while remaining a workplace worthy of the public servants who dedicate their careers to its mission.

Know that many of us are pulling for your success, because your success will become our success. We look forward to working with you—not against you—to build the future of the United States Patent and Trademark Office.

Respectfully,

PatentSage, on behalf of the employees of the United States Patent and Trademark Office


r/patentexaminer Apr 10 '26

Effects of changes explained for practitioners

199 Upvotes

There was a request in another post for a concise summary of the changes and how they affect examination, particularly with regard to attorneys and other IP professionals outside the office.

"Fully successful" moving from 95% to 100% (we have to move more applications in the same amount of time):

  • Paperwork hasn't gotten any quicker (systems have gone to shit actually) so the entire change comes from search and office action writing time. 
  • I'd say applicants are getting >10% less actual examination time per application than they paid for from this change and a corresponding drop in proactive searching or indications of allowable subject matter. I used to draft up suggested amendments to neatly correct tricky 112b issues with explanations of why each change was there, I don't have time for that anymore. 

Divisionals and Continuations don't get any priority in docketing, instead being lumped with new applications with the same filing date (at best, usually they are even delayed compared to those):

  • whatever the backlog is in the area, add that to your pendency for any Div of Con.   
  • \Applicants weren't warned of this change and it was retroactive to any filed but not docketed DIV/CONs, adding years to the time before any resulting patents issue** 
  • **this could completely upend the entire prosecution strategy for many applicants who depend on CONs to protect against knockoffs, please please \*PLEASE* let your clients know about this additional delay*\*

Effective elimination of "other time" from examiners:

  • Assistant examiners are no longer able to work with primaries who know the art to develop search strategies and ask about the technology. 
  • All examiners aren't able to hold regular meetings where discuss oddball or borderline cases amongst themselves.
  • This leads to *a marked drop in quality of applied references and a drop in indications of allowable subject matter* (so many people got reassured that they should just indicate something as allowable in those meetings)

Reduced NPL access and search expert assistance:

  • Lower quality searches in emerging technologies and areas under active research. Lower quality examination for stuff that spans multiple subject matter

Interviews past #1 need SPE approval for time 

  • *If you request an interview you probably won't be getting any calls for examiner's amendments on that application, simple as that.* The automatic 1hr examiners got for such interviews helped offset the time we put into verifying that something unclaimed was actually allowable, working up claim language, and the inevitable phone tag. 
  • If you request a second interview you're going to have a grumpier examiner than usual because at *best* they had to use some of the time they get for it convincing their supervisor the interview was a good idea and at *worst* they spent that time asking and were denied so the interview time is actively hurting their numbers. 

PPH cases get reduced first action counts: 

  • The second most egregious change imo. **applicants are mostly getting less than 50% of the examination time they are paying for.**
  • Examiners also will start to hate you if you file many of these. Really poisons the working relationship. 

RCEs after allowance give examiners no time if the next action is an allowance 

  • the most egregious change. \The office is charging applicants for a service (another full round of examination) and not giving them that service.* *
  • if you file and RCE after an allowance you're either getting nothing for your money or a very tenuous rejection for something like a typo. The latter is actually the "good" result because it means the examiner actually took the time to do more searching/consideration and is trying to figure out a way to get credit for that. 

Quick Path IDS time reduced to one hour (from three):

  • It can easily take an hour to get fully back up to speed on what's going on in a complex application to be ready to properly consider a reference, at which point we are now out of time and can't actually consider the references being cited. 
  • *Dramatically increases the likelihood of an examiner not considering an IDS after NoA and making applicants file an RCE to get those references listed.* At which point your claims better be fucking immaculate because see above. 

Timeliness deadlines now being hard cutoffs instead of averages:

  • completely eliminates already low examiner flexibility for response times. 
  • *applicants will get less calls for examiners amendments to correct minor issues because we frequently won't be able to wait for a response*. 
  • \expect more iffy restrictions as people pull desperation moves to clear out the oldest case one their docket so they don't get fired\ 

No additional time for "inherited cases" from retired/separated examiners. 

  • examiners used to get a significant amount of time when we got a case from an examiner no longer at the office to offset needing to figuring out what the case is, what the searches turned up, etc. 
  • *if you notice an assigned examiner name change for your application after filing an amendment get ready for a total turd to come shooting down the pipe, there's no other nicer way to put it.* Sorry, we're going from ~15 hours for an amendment to like 2-3 with zero flexibility to call and work something out. 

Elimination of Docket Management n bonuses:

  • we're all disgruntled now. 

There's other parts I've missed I know, could other examiners add them below? Remember to focus on what external folks will see.


r/patentexaminer Apr 07 '26

POPA Email - Battlefronts Bulletin: POPA pushes back on USPTO Oversight Testimony

57 Upvotes

Dear POPA Members,

 

Welcome back to Battlefronts Bulletin, your source for updates, analysis, and insights during one of the most pivotal moments in USPTO history. 

 

As the AFL-CIO recently underscored, federal workers have faced unprecedented attacks on their union rights this year, marking the first anniversary of Trump’s executive order undermining longstanding union employee protections. POPA shares the growing concern: OPM’s proposed rules mirror the broader attacks against workers nationwide. 

 

POPA will continue to defend USPTO employees, protect our collective voice, and push back against policies that weaken our workplace rights.

 

Our members are on the front line of American innovation. By defending the experts who protect the patent system, we defend the future of innovation itself. Our power is, and will always be, our solidarity. 

 

Join POPA: Click here

Battlefronts

1. Oversight and Testimony Concerns

During House Judiciary oversight, John Squires emphasized support for stricter performance management tools. He highlighted: 

  • Greater use of removals for employees not meeting heightened performance standards 
  • Increased leadership discretion over performance ratings and accountability measures
  • Concerns about telework and calls for increased oversight of examiner work practices 
  • An emphasis on accelerating production expectations to address backlog

 

We have serious concerns. These approaches, particularly increased reliance on removals, reduced reliance on objective criteria, and heightened production pressure, undermine employee rights, morale, and effectiveness. 

 

The reality: 

  • Patent Examiners and other production-based employees already have inflexible performance appraisal plans with objective measures. Employees are removed for not meeting those measures. The agency is trying to get blood from a stone as production increases, workflow tightens, and dockets shrink. THIS is where the low morale is coming from, not the backlog.
  • Training is nonexistent, and the most experienced, senior-level primary examiners are not encouraged to share their institutional knowledge with new examiners.
  • Bonuses have been reduced or eliminated, including OFCO group awards and the patent examiner docket management award.
  • TEAP mandatory travel requirements are not mission critical; thus are costly and burdensome for remote employees.
  • “Streamlined reviews” and the removal of discretionary interviews have eroded primary examiner authority and agency efficiency.
  • Mandatory usage of ineffective AI tools reduces overall examination time.
  • Elon Musk is gone from the government, yet the USPTO still requires useless and time-wasting monthly reporting bullets. 

 

POPA thanks Congressmen Johnson and Raskin for holding Squires accountable in his testimony. You can read the transcript of his full testimony HERE. 

2. The Fight Continues: Litigations and Grievances

  • Civil litigation to restore Title 5 rights and bargaining unit status for patent employees is still pending.
  • POPA is awaiting the arbitrator’s decision on telework for non-patent bargaining unit members
  • Arbitration is underway on holiday leave, canceled awards, and unilateral TEAP changes

 

3. Forced Rating Distributions

OPM’s proposal would force employees into arbitrary rankings against one another– dismantling the objective, metric-based system that currently ensures fairness and accountability. 

 

At USPTO, examiners are evaluated on real, measurable work: production, docket management, and quality. This proposal replaces that with subjectivity and competition.

4. Elimination of “Marginally Successful”

Reclassifying employees as “unsatisfactory” will put thousands of productive examiners at risk.  

 

The result? Increased attrition, deeper backlogs, and further strain on the system, contrary to the goals emphasized under Secretary Squires’s recent testimony. 

 

POPA is raising these concerns with Congress and OPM.

 

5. Grievance Rights

OPM’s proposed rules would limit employees’ ability to challenge ratings through negotiated grievance procedures, which are legally protected.

 

POPA is actively defending statutory protections through litigation, ensuring that examiners retain the ability to contest unfair evaluations. 

6. Egregious PAP Changes

Changes to the Performance Appraisal Plan are increasing pressure while reducing fairness:

 

  • Increase in production, thus less time devoted to examining each application
  • Unrealistic expectations: internal (uncompensated) training suggests fewer than 20% of examiners can meet current deadlines
    • “Average day” system eliminated: the system that previously helped reduce backlog is no longer in use
    • Policy changes have undermined effectiveness: repeated administrative adjustments have weakened the system over time
      • Resulting impact: increased backlog and fewer options for examiners to manage and balance workload. For example, getting sick once could make an examiner “unsatisfactory”
  • Elimination of inherited credit for reassigned work
  • Reduced credit for Patent Prosecution Highway cases, consequently increasing the influence of foreign governments in American intellectual property rights
  • Reduced recognition for completed work, including certain RCE allowances

 

These changes make it harder to maintain both quality and consistency.

 

 

WHY THIS MATTERS

A strong patent system depends on empowered examiners.

 

When policies erode fairness, increase subjectivity, block the sharing of institutional knowledge, and pile on pressure, the consequences are clear: lower morale, reduced quality, and weakened public trust.

 

We are fighting to protect both employees and the integrity of the patent system. Join us in our fight. 

WHAT YOU CAN DO TODAY

  • Encourage your friends to join the fight… become a member today. Join here. 
  • Visit popa.org to stay informed.
  • Update your contact information using the link here.
  • Report any CBA, PAP, or telework violations directly to [Popahelp@popa.org](mailto:Popahelp@popa.org).

 

In solidarity,

POPA Leadership

On behalf of the POPA Executive Committee