Making Government Operations More Open

Prevent the US Patent and Trademark Office from Destroying Records

I'm writing in my personal capacity and not in my capacity as a patent examiner. I believe that the USPTO should be prevented from destroying crucial records which would shed light on its patent operations, especially when these records may be crucial to pending lawsuits that inventors, or workers may have. What was discovered under FOIA request 07-370, was an email released by the USPTO from a person who was then a director, who ordered the destruction of 2nd pair of eyes lists - even though several lawsuits were pending regarding these 2nd pair of eyes lists. This director has since been promoted to have a key role in overseeing the patents division. With this kind of obfuscation of records and facts, corrupt policies and managerial practices that hurt both the inventors, waste tax payers dollars, and hurt workers will be hidden. Something needs to be done. There needs to be a records retention policy that will prevent the destruction of crucial records which shed light on patent operations such as these. The public should be able to ensure that patent operations are being administered in a fair, uncorrupted, and unbiased manner. Inventors would be interested in the administration of for example, the 2nd pair of eyes review program, because this program resulted in many internal delays of their patent applications being issued into patents. Some Examiners are of the opinion that the 2nd pair of eyes review program was used in a political fashion rather than for a legitimate end- which ended up harming inventors. the USPTO should be made to post on its website for the public, key emails between managers and other staff such as secretaries, and legal instruments examiners pertaining to the administration of the 2nd pair of eyes program. Of course privacy should be respected when the privacy of patent examiners' may be violated.

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Idea No. 64