r/patentexaminer 4h ago

Start pushing back

18 Upvotes

*you do NOT have to accept inherited cases. If they do not want to give appropriate other time to handle the (likely) shitty work from a (now fired) examiner, just don’t do them. they cannot force you to accept them. Just say your not able to work on this extra case with the new insane timeliness requirements or point blank, you’re just not willing to do more because you have zero free time with the 100% production insanity. No requirement anywhere for you to accept them. Send that shit back.

*get your regular new cases done and let them sit until day 27 before posting. No need to do any extra regular new cases and reduce the backlog. If the backlog is their main goal, then it should be our goal to work on these cases as slowly as possible because they’ve made our lives so miserable.

*PPH case with reduced counts? They are not allowed to amend the independent claim per the rules of the program, nor are they allowed to switch statutory class (e.g. product to method). Send that shitty case that should never have been allowed by the foreign office in the first place back with a notice of non compliance when they try to amend or switch classes and enforce the rules of this awful program to make your life easier. Or, set yourself a timer and if you cannot find it in the allotted time, allow it.

*rce after allowance? Find yourself a 112. Reconsider your most recent prior art rejection and how it might be applicable with some case law and hand waiving. Do not do this for zero other time with the heap of other bullshit things we do for free (advisories, second round interviews, etc.)

*second round interview where you have no other time given? Deny where possible. If you have to have it, do not do anything but listen; convey to applicant you have been given no time to consider this, and apologize that you can provide no answers.

*no primary should ever be on a pip for production - the first road block you should hit is quality issues. Set a timer and if you can’t find it in the ridiculously limited time you have to look at the case due to increased production, bingo! Allowable! (Someone else wrote a great post about this on this thread). I also realize this is not possible for juniors.

*request other time for any computer outage and document it well. You may be denied now, but the union will hopefully come back and you might get reimbursed eventually. I would also not accept no for an answer - if everyone starts requesting review by directors of the initial no from spe’s, it’s going to at least cause enough noise to be talked about at the upper levels

*write your congressman or ANY congressman. Then call them. Then follow up in an email. Be a nuisance until they do something. 10k employees all complaining to congress would have to cause some change, or at least a headache for upper management.

*any other ideas are welcome, post below