Maiorana, P.C.

Patent Lawyers

Why Do So Many Patent Office Actions Get Mailed In Late September?

The short answer is because the United States government ends its fiscal year at the end of September.

Each of the Examiners at the Patent Office has an annual quota, a quarterly quota, and a twice monthly quota (referred to as the bye-week). Since the Patent Office follows the general government fiscal year, the Examiners need to fulfill their complete quota for the year by the end of September. So if a Patent Examiner is behind on his annual quota, he may chose to send out additional office actions to make up for the shortfall.

In general, an Examiner gets a “count” for mailing a first action, and another count for finally resolving an application. A count in a Patent Examiner's quota is different than a count in an Interference proceeding. The final resolution could be the mailing of a notice of allowance, or the mailing of a final office action.

Another way Examiners can make up for a shortfall in their quota is to allow more cases at the end of the fiscal year. Since we are specialists in Patent Law, and registered to practice before the USPTO, our office recognizes these anomalies. We are particularly sensitive to quickly returning an Examiner’s call toward the end of the year.

Another anomaly of the count system is that if an Examiner has too many counts during a particular quarter or year, he may delay sending a notice of allowance, or an action, until the beginning of the next quarter. The extra counts sometimes help the Examiners earn a bonus, but sometimes, no additional bonus is possible so they basically “sandbag”.

In addition to the yearly quota, the quarterly quota also seems to generate more office actions. Those additional actions are nowhere near the volume that typically occurs at the end of September. As registered Patent Attorneys in the Metro Detroit Area, we can ensure you have the best representations before the USPTO.

  • Chris Maiorana
  • September 2016
Tags: USPTO, Metro Detroit Area, Patent Lawyers

If you would like us to analyze your particular situation, call us to set up an appointment to discuss starting an engagement. Please do not send confidential information prior to negotiating an engagement.