Acceptable Errors at the PTO

Posted on December 18, 2008
Filed Under Uncategorized |

What’s more disturbing, that the Patent and Trademark Office had to go to court to defend firing someone for incompetence or that a patent examiner could be wrong 1 out of 4 times and still be “acceptable”?

Annals of civil service protection: the Court of Appeals for the Federal Circuit has ruled in favor of the Patent and Trademark Office, which dismissed Asokkumar Pal after it “reviewed 16 randomly selected cases from Pal’s file to determine whether he was properly reviewing examiner decisions. They found he was not making the correct decisions – that he erred more than 35% of the time. (A 25% error rate would have been acceptable).”

[From Federal Circuit: Patent Office can fire examiner with 35% error rate]

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