Vidal Addresses ‘Patent Examiner’ Reddit Issue with USPTO Personnel
“If you, as an individual, come across an issue that you feel presents a personal challenge, please bring the issue to your supervisor, or avail yourself of any of our other appropriate channels for raising such issues.” – USPTO Director, Kathi Vidal
USPTO Offices
As we have reported recently, IPWatchdog broke news last week about a Reddit thread dedicated to purported patent examiners in which one examiner asked their peers for advice on how to approach examination of patents that have purposes they may fundamentally disagree with politically–specifically, a patent geared toward Israeli military technology. At the time the story broke, the U.S. Patent and Trademark Office (USPTO) indicated that it does not, as a general practice, comment on “unverified statements by anonymous commenters on Reddit or any other social media platform.”
But now, according to a leaked internal email from USPTO Director Kathi Vidal that was obtained by IPWatchdog, the Office has indicated that it is looking into potential partiality issues raised by the thread. Below is the text of the email in its entirety.
Director’s Message
Reddit post on examiner partiality
Last week, an anonymous person, claiming to be a patent examiner, posted on Reddit seeking advice on examining an application that caused them personal discomfort. This has led to internal and external concerns that there is partiality in the examination process. Though we will not comment in the media on unverified statements by anonymous commenters on social media platforms, we do investigate and take seriously any allegation of partiality or misconduct. We will not stand for any kind of partiality or misconduct in the examining process or otherwise within the agency.
We have many checks and balances in place to ensure that no one person can negatively impact the ability of our customers to receive fair and impartial treatment. We are taking steps to review our processes and internal quality checks to ensure they are fortified, and that appropriate training is provided. As outlined in our mission and embodied within our Strategic Plan, we must take every measure to ensure fair and impartial treatment of each and every application every step of the way. I welcome your input on this and other subjects through the Employee Feedback Portal.
I know that one anonymous and unsubstantiated post is not representative of the views of all the dedicated and hard-working individuals who make up our examiner corps and agency as a whole. I recognize everyone has their own thoughts, experiences, and beliefs. Still, it is our duty to uphold the laws, policies, and values of our agency. If you, as an individual, come across an issue that you feel presents a personal challenge, please bring the issue to your supervisor, or avail yourself of any of our other appropriate channels for raising such issues. Our Ombuds office and Employee Assistance Program (EAP) can also provide confidential support.
As I often note in speeches and remarks, you all are shining examples of public servants who do your duties with care and integrity. In fact, at the recent induction ceremony of the National Inventors Hall of Fame, honoree Shankar Balasubramanian exclaimed in his acceptance speech, “The patent examiners, the PTO, you are unsung heroes actually. Without the endeavors of all you folk, our inventions wouldn’t go anywhere. You play a critical role in that. Also, you share with us a genuine passion and curiosity, and a desire to make things work.”
Thank you for your incredible work and service to our nation’s innovators and entrepreneurs. You all truly are the unsung heroes, and we are grateful for your passion and dedication.
Best,
Kathi
Eileen McDermott
Eileen McDermott is the Editor-in-Chief of IPWatchdog.com. Eileen is a veteran IP and legal journalist, and no stranger to the intellectual property world, having held editorial and managerial positions at […see more]
