8 Wake Forest Intell. Prop. L.J. 272
This article invites the reader into the world of patent examiners and details the realities that result from rigid performance metrics enforced by the Patent and Trademark Office (PTO) in a typical patent transaction. The article discusses two proposed rule changes that, according to the author, present obvious restrictions on patent rights and restrict or eliminate some helpful negotiating tools for practitioners and examiners alike. The article analyzed a study of 265 randomly selected patents and 265 randomly selected abandoned or pending applications from applications in class 438 issued between January 2, 2001 and February 27, 2007. The author includes commentary for how to improve the system of metrics within the PTO’s infrastructure and outlines pitfalls and opportunities that exist for practitioners who will need to adapt to the proposed rules.