Intellectual Property: USPTO Has Made Progress in Hiring Examiners, but Challenges to Retention Remain
Highlights
The U.S. Patent and Trademark Office (USPTO) is responsible for issuing U.S. patents that protect new ideas and investments in innovation and creativity. Recent increases in both the complexity and volume of patent applications have increased the time it takes to process patents and have raised concerns about the validity of the patents USPTO issues. Adding to these challenges is the difficulty that USPTO has had attracting and retaining qualified staff. In this context, GAO was asked to obtain information about USPTO's patent organization. Specifically GAO reviewed (1) overall progress in implementing the initiatives in its strategic plan; (2) efforts to attract and retain a qualified patent workforce; and (3) remaining challenges, if any, in attracting and retaining a qualified patent workforce.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Commerce | The Secretary of Commerce should direct the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office to develop formal strategies to improve communication between management and patent examiners and between management and union officials. |
Closed – Not Implemented
This recommendation is closed but not implemented. In June and July 2006, the U.S. Patent and Trademark Office (USPTO) released the results of a contracted study benchmarking communications strategies at other organizations and a summary of recommendations from the contractor, GAO and others. In both documents USPTO stated it will use the aggregated results and recommendations as it develops a formal communications strategy. However, USPTO has not yet developed strategy or committed to taking any specific actions. In September 2007, USPTO confirmed that its executives engage in frequent communication with examiners, the union, and managers, including bi-weekly meetings, periodic emails, and townhall meetings on occasion. However, no documentation was provided to confirm that these efforts are part of a formal strategy.
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| Department of Commerce | The Secretary of Commerce should direct the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office to develop formal strategies to foster greater collaboration among all levels of the organization to resolve key issues discussed in this report, such as the assumptions underlying the quota system and the need for required technical training. |
Closed – Not Implemented
This recommendation is closed but not implemented. In June and July 2006, the U.S. Patent and Trademark Office (USPTO) released the results of a communications benchmarking study it commissioned and a summary of recommendations from the contractor, GAO and others. The report states that over half of the benchmarked organizations have communications councils and other mechanisms to foster greater collaboration. USPTO stated it will rely on the report and recommendations in developing its communications strategy. On September 17, 2007, the liaison, Sherri Johnson, provided information on the types of meetings USPTO managers have with examiners, the union, and managers, including bi-weekly meetings, periodic emails, and townhall meetings on occasion. No documentation was provided to confirm that these actions were part of a formal strategy.
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