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2016 BTLJ Comment. [1] (2016)

handle is hein.journals/btljc2016 and id is 1 raw text is: Pillar I: Excellence in Work Product American Chemical Society (ACS) The American Chemical Society (ACS) supports Proposal 1 under Pillar 1 since it helps bring issues to the Office of Patent Quality Assurance as they arise during examination. It supports Proposal 5 under Pillar 3 because it allows applicants to resolve or reduce issues before costly appeal or prosecution through Requests for Continued Examination. ACS also supports Proposal 6 under Pillar 3 because it expands opportunities for in- person examiner interviews. ACS points out some problems specific to patent applications in chemistry; for instance, examiners sometimes ignore the sequence of reactions or level of detail while reviewing prior art for the nonobviousness test, leading to improper rejections. In order to ensure consistency, fairness, and quality of examinations, ACS suggests supervising examiners, providing them technical instructions, giving them additional time to review every application, and using their existing performance data to track them. American Intellectual Property Law Association (AIPLA) The American Intellectual Property Law Association (AIPLA) comments on all three of the PTO Pillars and the six proposals thereunder. The AIPLA suggests certain modifications that would make the process for requesting prosecution reviews more effective, such as publicizing how and when review applications are selected from the larger pool. Further, the AIPLA advocates certain changes to the automated pre- examination search, such as expanding the search algorithms of the Patent Linguistic Utility Service (PLUS) tool, considering corresponding applications in Foreign Offices, and allowing public access to search results for a fee. As for improving excellence in measuring patent quality, the AIPLA is concerned that the current metric is more directed towards improving production than quality, and provides alternative performance metrics that should be measured. Lastly, the AIPLA applauds the PTO's efforts to increase access to in-person interviews with examiners. The AIPLA sees this as the most effective way of increasing both excellence in patent quality and improving communication between examiners and applicants. The comment also proposes other changes to existing procedure to improve efficiency and effectiveness of the examination process. Chartered Institute of Patent Attorneys (CIPA)

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