A Lower Number of Allowances is not Highly, Linearly, Correlated with Improved Patent Quality in terms of In Process Review Compliance Rates from Fiscal Years 2004 to 2008





The above graph shows that lowered numbers of allowances are not strongly, linearly, correlated with improvements in patent examination quality as indicated by in process compliance rates from fiscal years 2004 to 2008, but are only slightly negatively correlated with improvements to in process compliance rates from fiscal years 2004 to 2008.   The above graph was generated from data available on the USPTO's website in the USPTO's Performance and Accountability Reports.  The r2 value, which is the coefficient of determination is only 0.014, which means that 1.4% of the variation in  in process compliance rates is due to the number of allowances from fiscal years 2004 to 2008.  The r value, which is the correlation coefficient is -0.118321596, which is significantly less than -1 or 1, indicating a weak linear correlation between decrease in allowances from fiscal years 2004 to 2008, and increase in in process compliance rates.  The above graph debunks the notion perpetuated by the Dudas regime at the USPTO that lowered allowance rates are necessarily synonymous with improved quality in patent examination practice at the USPTO. 

The notion that patent quality is necessarily an outcome of suppressed patent allowance rates, was perpetuated at the USPTO during the Dudas Era by Senior Management Officials, without any supporting graphs, evidence, or any other data showing how patent quality and lowered allowance rates were correlated.

As I've stated before, I believe that the balance of evidence shows that allowance rates were lowered in large part  from 2004 to 2008, due to mismanagement which facilitated the
languishing of patent applications, and the proliferation of misguided and extreme office action rejections.

In a recent post, Blog.IP Scientific Integrity.info posted a graph showing that patent compliance rates were not highly correlated to improved quality.  Click
here to see the graph. [ In process compliance rates measure patent examination quality before allowance of a patent application, whereas patent allowance compliance rates measure the error rates of allowances of patent applications.]

PatentlyO recently posted a memo on its blog from the new USPTO Director Mr. David Kappos to patent examiners about this issue of lowered allowance rates and patent quality.  Click here to read the entry. The Just a Patent Examiner Blog also posted an entry on Director Kappos's memo.  Click here to read the entry.

 

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