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    Subject Term: "Patent law"

    1 publication with a total of 7 open recommendations
    Director: Frank Rusco
    Phone: (202) 512-3841

    7 open recommendations
    Recommendation: To help improve patent quality, the Secretary of Commerce should direct the Director of the USPTO to develop a consistent definition of patent quality, and clearly articulate this definition in agency documents and other guidance.

    Agency: Department of Commerce
    Status: Open

    Comments: According to the agency's action plan, USPTO will update relevant agency guidance, conduct training, and take other actions in response to this recommendation by March 2017.
    Recommendation: To help improve patent quality, the Secretary of Commerce should direct the Director of the USPTO to further develop measurable, quantifiable goals and performance indicators related to patent quality as part of the agency's strategic plan.

    Agency: Department of Commerce
    Status: Open

    Comments: According to the agency's action plan, USPTO will update existing indicators and, as appropriate, develop new measures by October 2016.
    Recommendation: To help improve patent quality, the Secretary of Commerce should direct the Director of the USPTO to analyze the time examiners need to perform a thorough patent examination. This action could be taken in conjunction with the recommendation in our report on USPTO's prior art search capabilities (GAO-16-479).

    Agency: Department of Commerce
    Status: Open

    Comments: According to the agency's action plan, USPTO will complete an examination of expectancy by April 2017.
    Recommendation: To help improve patent quality, the Secretary of Commerce should direct the Director of the USPTO to analyze how current performance incentives affect the extent to which examiners perform thorough examinations of patent applications.

    Agency: Department of Commerce
    Status: Open

    Comments: According to the agency's action plan, USPTO will complete an assessment of examination quality across current incentive award tiers by September 2017.
    Recommendation: To help improve patent quality, the Secretary of Commerce should direct the Director of the USPTO to establish a process to provide data on the results of the Patent Trial and Appeal Board (PTAB) proceedings to managers and staff in the USPTO's Technology Centers, and analyze PTAB data for trends in patent quality issues to identify whether additional training, guidance, or other actions are needed to address trends.

    Agency: Department of Commerce
    Status: Open

    Comments: According to the agency's action plan, USPTO will establish a process to provide examiners with information on various PTAB proceedings by September 2016.
    Recommendation: To help improve patent quality, the Secretary of Commerce should direct the Director of the USPTO to evaluate the effects of compact prosecution and other agency application and examination policies on patent quality. In doing so, USPTO should determine if any changes are needed to ensure that the policies are not adversely affecting patent quality.

    Agency: Department of Commerce
    Status: Open

    Comments: According to the agency's action plan, USPTO will complete an assessment of various policies on patent quality by September 2017.
    Recommendation: To help improve patent quality, the Secretary of Commerce should direct the Director of the USPTO to consider whether to require patent applicants to include claim clarity tools--such as a glossary of terms, a check box to signal functional claim language, or claim charts--in each patent application.

    Agency: Department of Commerce
    Status: Open

    Comments: According to the agency's action plan, USPTO will issue a request for comments on additional claim clarity tools by September 2017 and determine any new requirements by January 2018.