Patent examiner
The United States Patent and Trademark Office lost more patent examiners in some years than it hired. This high attrition rate exceeds 50% within four years after hiring for many employees. Pressure to meet production quotas drives the stress that leads to these departures. Ill-defined tenure rules compound the difficulty of maintaining a stable workforce. Examiners face an incessantly growing backlog of unexamined applications daily. They have very limited time to determine if disclosed inventions are patentable. Some applications require considerably more time to assess than others. A Coalition of Patent Examiner Representatives expressed concern on the 13th of April 2007 about these conditions. The situation creates involuntary turnover rates that threaten the agency's ability to function.
Candidates for examiner positions at the European Patent Office must hold EPO member state nationality. They also need a degree in engineering or science to qualify for the role. Good knowledge of two languages out of German, English, and French is required initially. These candidates show willingness to learn the third language during their training. Some examiners bring work experience from industry into the office. Reports indicate that EPO examiners are required to speak three languages fluently. Most EPO examiners find representation through SUEPO, a trade union. Their duties include examination and opposition procedures for applications originating anywhere in the world. They seek protection in any of the member states of the European Patent Organisation. This structure differs significantly from the hiring requirements found in American offices.
Examiners hired by the United States Patent and Trademark Office start at GS-5, GS-7, GS-9, or GS-11 grade levels. Promotions from GS-7 to GS-14 occur without competition among applicants. At GS-13 they become eligible to begin the Partial Signatory Authority program. This testing phase checks if an examiner can apply patent concepts like obviousness and novelty. Passing this program grants authority to sign all non-final rejections and communications to applicants. A waiting period follows before taking part in the Full Signatory Authority program. Success here allows signing all own office actions without supervisor review. Such examiners advance from GS-13 to GS-14 and earn the title primary examiner. These individuals gain the ability to review and sign actions of junior examiners. The agency measures each examiner entirely by their own performance metrics.
A 2023 study examined how political preferences affect the propensity to allow patent claims. Researchers found no statistically significant difference across most categories of patents. The exception occurred when politically active examiners examined software patents. Those who donate to political campaigns operate with the most discretion in these Art Units. Republican-leaning examiners appear more likely to issue patents than Democrat-leaning ones in this specific sector. The research appeared in a journal article titled Partisan patent examiners? Exploring the link between the political ideology of patent examiners and patent office outcomes. Published in Res Policy volume 52, issue 9, the work cites authors J. Raffiee, F. Teodoridis, and D. Fehder. Their findings suggest that political activity influences outcomes only where discretion is highest.
Clara Barton worked at the United States Patent Office as early as 1854. She held a regular civil service appointment before founding the Red Cross. Albert Einstein served at the Swiss Federal Office for Intellectual Property during his career. Thomas Jefferson became the first patent examiner of the U.S. Patent Office. Genrich Altshuller invented TRIZ while working as a patent clerk for the Russian navy. He was just twenty years old in 1946 when he began this work. Henry E. Baker Jr. entered the U.S. Naval Academy in 1874 as one of three Black attendees. He later became Second Assistant at the U.S. patent office. His publications recorded the work of Black American inventors over fifty years. These individuals transformed their clerical roles into legacies of innovation and social change.
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Common questions
What is the attrition rate for patent examiners at the United States Patent and Trademark Office?
The attrition rate exceeds 50% within four years after hiring for many employees. This high turnover results from pressure to meet production quotas that drives stress leading to departures.
Who can apply for examiner positions at the European Patent Office?
Candidates must hold EPO member state nationality and possess a degree in engineering or science. They also need good knowledge of two languages out of German, English, and French initially.
How do patent examiners advance their career grades at the United States Patent and Trademark Office?
Examiners start at GS-5, GS-7, GS-9, or GS-11 grade levels and promote from GS-7 to GS-14 without competition among applicants. Those reaching GS-13 become eligible for the Partial Signatory Authority program before advancing to primary examiner status.
Do political preferences affect how patent examiners rule on software patents?
Researchers found no statistically significant difference across most categories except when politically active examiners examined software patents. Republican-leaning examiners appear more likely to issue patents than Democrat-leaning ones in this specific sector where discretion is highest.
Which historical figures worked as patent examiners or clerks?
Thomas Jefferson became the first patent examiner of the U.S. Patent Office while Clara Barton worked there as early as 1854. Albert Einstein served at the Swiss Federal Office for Intellectual Property and Genrich Altshuller invented TRIZ while working as a patent clerk for the Russian navy.