If only the Patentcenter developers had looked at ePCT

Back in autumn of 2018, the alpha testers of Patentcenter told the Patentcenter developers, over and over again, please go and look at ePCT to see how they do it.  Please look at the feature list for ePCT, said the alpha testers, and design your database structures so that you can implement the same features as in ePCT when the time comes.  

It is now summer of 2020.  Strikingly often, what we see is that twenty months later, a bug or missing feature that got reported to the USPTO in autumn of 2018 is still outstanding, and part of the bug report or missing feature report are words along the lines of “… and by the way a similar feature works correctly in ePCT.” Continue reading “If only the Patentcenter developers had looked at ePCT”

Getting USPTO to fix things that are broken in Patentcenter: EBC trouble tickets

Some readers are aware of a struggle that is going on right now between a group of Patentcenter beta testers and the people at the USPTO who are in charge of the design of Patentcenter.  The Patentcenter beta users comprise a listserv.

The Patentcenter beta testers point to many bugs and missing features in Patentcenter that have been broken and missing since autumn of 2018 when alpha testing of Patentcenter began.  They ask USPTO to communicate with the listserv.  USPTO has refused to communicate with the listserv.  See blog article How should USPTO interact with its Patentcenter beta testers?

USPTO has repeatedly said that there is no need for it to communicate directly with the listserv because its original alpha tester and beta tester feedback mechanisms are supposedly more than adequate.  The three original mechanisms are:

  • posting messages to USPTO’s Ideascale
  • opening of trouble tickets at the USPTO Electronic Business Center, and
  • sending email to eMod@USPTO.GOV.

None of these mechanisms works even remotely well, from the point of view of the alpha testers and beta testers.  I personally have reported many Patentcenter bugs to the EBC since the start of alpha testing in autumn of 2018, and not once did I ever hear back from the EBC about whether any bug got fixed or how a trouble ticket somehow got closed.

There had been a point a few weeks ago at which it seemed the USPTO was on the verge of making it possible to have some actual direct communication between USPTO’s Patentcenter developers and the listserv.  Since then, unfortunately, I have not heard further from the USPTO.   Meanwhile, the Trouble Report list maintained by the listserv continues to grow, and the Feature Request list maintained by the listserv continues to grow.  

So the natural question that arises is, what might we as USPTO customers do to help the USPTO to understand that it is actually in the USPTO’s interest to make time to communicate directly with the listserv?  I realized that one possibility is that maybe the USPTO decisionmakers do not fully appreciate the depth of failure of the original three mechanisms in terms of getting bugs fixed and getting missing features implemented.   Maybe if USPTO were to see an itemised report, listing one by one in an objective fashion, the many dozens of Patentcenter missing feature reports that were reported to the USPTO from autumn of 2018 to the present, that USPTO failed to implement?  Maybe if USPTO were to see an itemised report, listing one by one in an objective fashion the many dozens of Patentcenter bug reports that were reported to the USPTO from autumn of 2018 to the present, that USPTO failed to fix?  

The report would review bug reports and missing-feature reports that had been posted to Ideascale by alpha testers during alphatest.  This is not easy to do because the USPTO has deleted those postings from public view — who can say why?   I sent a FOIA request to USPTO and received a copy of all of my own alpha tester postings to Ideascale.  If I were to make the time for it, I could work my way through the 75 pages of that document and itemize things. and generate some sort of report showing just how much of a failure the Ideascale mechanism has been in terms of getting Patentcenter bugs fixed and getting missing features implemented over the past 20 months.  (You can see the 75-page FOIA response here.)

The other thing would be to review all of the Patentcenter alpha test and beta test problems that I reported to the EBC from autumn 2018 to the present.  I have reported dozens of bugs to the EBC.  EBC opened many trouble tickets.  Not once has anybody from the EBC gotten back to me in response to even one of those trouble tickets.  I made a FOIA request to the USPTO asking for documents indicative of the Patentcenter trouble reports that I reported to the EBC from autumn 2018 to now, and documents indicative of how the USPTO somehow closed those tickets or otherwise addressed them.  I heard back from the USPTO FOIA office that if I want these documents, I will have to send them a check for  $833.40.  You can see the letter here.  I’ve just sent them the check and I am looking forward to seeing the results, which I suppose will show up in a couple of weeks.  If I were to make the time for it, I could work my way through those documents as well, after they arrive, generating some sort of report showing just how much of a failure the report-to-EBC mechanism has been in terms of getting Patentcenter bugs fixed and getting missing features implemented over the past 20 months.

But imagine a different next few weeks or months.  Imagine a future in which the Patentcenter developers, in a reversal of the previous digging-in of heels, might actually choose to communicate directly with the listserv.  This would permit my energies to go toward a goal shared by the USPTO and by the listserv — making Patentcenter better.  I would much rather direct my energies that way, rather than directing my energies toward generating detailed objective reports showing the extent of failure of the old communications paths.

How should USPTO interact with its Patentcenter beta testers?

The USPTO is developing its Patentcenter system which it intends will eventually replace EFS-Web and PAIR.  Eventually USPTO plans to shut down EFS-Web and PAIR and the only way that customers of the USPTO will be able to accomplish the functions formerly carried out through EFS-Web and PAIR will be by means of Patentcenter.  From the outset, USPTO has said that one of its stated requirements for Patentcenter is that it must offer at least all of the functions of EFS-Web and PAIR.

Patentcenter is not yet released from beta test, and rightfully so, given that many features of EFS-Web and PAIR are not yet implemented in Patentcenter, and given that many things in Patentcenter do not work correctly or do not work at all.  (See Patentcenter Trouble Tickets and Patentcenter Feature Requests.)  During beta test, a natural question is, in what way or what ways should the people at the USPTO who are responsible for developing Patentcenter interact with those beta testers? 

The USPTO has made clear that it feels it should not have to respond in any direct way to any of the beta testers when they report bugs or missing features.  Continue reading “How should USPTO interact with its Patentcenter beta testers?”

Patentcenter uses wrong words on links

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One of the design goals of Patentcenter is to provide the functions of EFS-Web.  In EFS-Web, the most frequently carried-out tasks are:

  • file a new patent application
  • start a new follow-on submission (a subsequently filed document)
  • open a saved submission to continue the submission process

So let’s go on a treasure hunt, shall we?  Where can we find these three tasks, somewhere on the main menu bar of Patentcenter?  The answer is, not one of these three tasks can be found at the place where you would guess it to be based upon the wording of that main menu bar.  This is Trouble Ticket CP34. Continue reading “Patentcenter uses wrong words on links”

Patentcenter should check uploaded ADS for a signature

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When an ADS turns out to be unsigned, or not correctly signed, or not signed by a practitioner, it leads to a cascade of problems.  It often takes months or a lot of money, or both, to fix the problems.   It would be trivially easy for Patentcenter to check an uploaded computer-readable Form PTO/AIA/14 (Application Data Sheet) such as we see at right, for a signature.  But Patentcenter does not do so.

Patentcenter should check an uploaded ADS for a signature and should display warnings as needed.  This is Feature Request FR24. Continue reading “Patentcenter should check uploaded ADS for a signature”

Patentcenter should validate the “non-inventor applicant” excuse field

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When a filer uploads Form PTO/AIA/14 (Application Data Sheet), Patentcenter should carry out validations.  As mentioned here, Patentcenter should validate priority claims against DAS.  This blog article points out that Patentcenter should validate the “non-inventor applicant” excuse field.

This is Feature Request FR23.  

Continue reading “Patentcenter should validate the “non-inventor applicant” excuse field”