The USPTO has quietly rolled out substantial changes to its examiner Performance Appraisal Plan (PAP) for FY2026. PAP is the formal framework the USPTO uses to measure, evaluate, and rate patent examiners’ job performance. These changes are made easier because of last month’s elimination of union rights of patent examiners (POPA) based upon their presidentially declared national security role. However, this post is based upon discussions with examiners because the USPTO has not released documents regarding the plan.
A few changes stand out:
- Interviews Capped: Examiner credit for applicant interviews is now capped at one hour per case – and the PAP appears to specify that this limit does not permit after-final interviews. The shift will likely reduce examiner incentives to engage in extended interviews. Even though examiners will not receive credit for extra time in interviews, they were also told by Deputy Commissioner Jerry Lorengo that applicant requests for second interviews cannot be denied based upon the new policy.
- New Second Pair of Eyes: Almost 20 years ago, Jon Dudas implemented a much maligned “second pair of eyes” policy that carefully reviewed notices of allowance – particularly in certain areas such as business method patents. The result was that allowance rate dropped significantly during that era. Although details are sketchy, the new approach here appears to be new second pair of eyes, reviewing First Actions. Apparently there is a lack of clarity on how this will be done and if we are reviewing allowable material or all aspects of the action. One point made was that this applies to primary examiners as well as junior examiners.
- PPH Cases Discounted: Patent Prosecution Highway (PPH) cases, which already arrive with foreign search and examination completed, are being de-weighted in examiner counts — giving examiners less time to search and examine. The rationale is that these cases should move more quickly. The general approach, I expect, is that it will be easier for foreign applicants to obtain U.S. patents.
- Production Ratcheted Up a bit: Prior PAPs created an expectation for examiner production, but allowed 95% rating to be in full compliance. To be rated “Fully Successful,” examiners now must meet 100% production. That basically means 5% more production from everyone (actually 5.26%). This more-work change appears to also go along with a lower-bonus structure. In short: more work, less money.
My reading is that examiner morale is low at this point. Still, I do not expect that examiners will leave the agency in droves absent a forced return to office. But, we shall see how this plays out going forward.